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Multiple errors on Police Report, what recourse do I have?
Ok, so I was involved in a motor vehicle accident. I was driving on a highway, and as I came up the slope of a bridge (I was in the far right of 3 lanes), i checked to see if I was clear to move to the center lane. When i looked back forward from checking my blind spot, there was a vehicle right in front of me on the down side of the hill for the bridge, with no lights on the rear, no flashers, no brake lights, going either really slow or stopped. I had no time to react whatsoever. I hit them going 60 mph. Told the officer what happened and he said there had been used carpet dropped in the road which is why the driver slowed down. I was just ready to assume fault, even though I didn't really think it was because I hit him from the rear. but he was basically stopped in the lane of traffic, on the highway, where the minimum speed is 40, at night, just over the crest of a hill, right where one street light is out. I believed he held atleast 50% of the blame here. I got a copy of the police report, and I cannot believe the things that are wrong with it. The officer lists it as a 4 to 6 lane highway, lists it as a straight and level surface, put the vehicles in the wrong spot on the diagram, and cites a witness statement to put me at fault, the witness said he was in the center lane going 64 mph (max speed limit is 60) and I passed him going 10 to 15 mph faster and then hit the vehicle. Said it was just in front of him in the right lane when i hit the other driver.
3 Answers
- 6 years ago
Multiple inaccuracies in the states case can have a positive impact on yours. The state must prove it's charges beyond a reasonable doubt (only assuming this case goes to trial). Otherwise, if, as you state, there were no lights on the other vehicle, and you can prove that the car was defective, they may be liable for damages. It would be ridiculous to automatically assume you are at fault, though of course, not speeding and taking caution will definitely benefit you. This is not legal advice.
- babyboomer1001Lv 76 years ago
You are wrong. You hit him so you are 100% responsible for the crash. You need to slow down and pay more attention. If he was slowing down because of the carpet on the road, his break lights would have HAD to be on. If you were paying attention, driving an appropriate distance away from him given the 60 mph, you would have seen them. SLOW DOWN before you kill someone and end up charged with vehicular manslaughter!
Source(s): Certified Paralegal, with 25+ years' experience. - Jonathan SLv 56 years ago
***ADDED TO QUESTION***
The officer pulled crash data that showed i was traveling 61 mph for 25 seconds prior to the accident, not speeding as the other driver said i was. I swear, not one person other than me put the truth in that statement or in that police report. What can i do?