DE State police called - now being charged with an unsafe lane change

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Old 05-19-2004, 09:26 PM
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I keep getting the feeling that there is a KEY piece of information about this whole thing that has been purposely left out.

Intriguing thread though...

Old 05-19-2004, 09:34 PM
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Originally posted by Slimey
I keep getting the feeling that there is a KEY piece of information about this whole thing that has been purposely left out.
Old 05-19-2004, 09:36 PM
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Well in my case I have some people there who are friends and some who are not friends, who have tried to post up a warrant for my arrest. this was all around a 2 month span going through april, so just a thought that if they saw an acura CL and thought it was me driving through DE they would try and get me in trouble anyway they thought possible since they know they cant beat my ass down cause i'd fuck them all up. thats my side of the story why i thought he might be getting framed for some BS.

In your shoes i'd be waiting to see an actual accident report from the police at that specific time and place that you were in DE.
Old 05-19-2004, 10:52 PM
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Originally posted by heyitsme
Not that I'm a lawyer, but I really don't think you're liable for just driving bad and someone running off the road to avoid you. You may get a ticket for reckless driving but I find it hard to believe they could charge you with more without actual contact between cars. And I don't think you can be charged with leaving the scene of an accident without contact either.

From the beginning I would have just hung up on him, this is rediculous how this case has continued.
So if you are going down the wrong side of the freeway against traffic, all you'd get is a "going down the one way street" ticket as long as you don't actually strike any of those cars that are swerving and crashing to avoid you?
Old 05-19-2004, 11:17 PM
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Oh so if I run someone off the road waving a gun out my window at them I'll only get a ticket for improper lane change.

Day to day driving, people overcompensating for other drivers need to take responsiblility for their own actions.
Old 05-20-2004, 12:27 AM
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Originally posted by heyitsme
Oh so if I run someone off the road waving a gun out my window at them I'll only get a ticket for improper lane change.

Day to day driving, people overcompensating for other drivers need to take responsiblility for their own actions.
Maybe you can discuss your new ideas about driver responsibility here: http://www.roadragers.com/
Old 05-20-2004, 02:26 PM
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Originally posted by kensteele
Maybe you can discuss your new ideas about driver responsibility here: http://www.roadragers.com/
Old 05-20-2004, 02:38 PM
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Originally posted by heyitsme

Day to day driving, people overcompensating for other drivers need to take responsiblility for their own actions.

So, I guess I'm to blame for having to kiss the curb to avoid this nitwit in a giant SUV talking on the cell phone while running a stop sign. The idiot was a paper width away from destroying my car, but was too busy on the cell phone to notice me swerving out of her way. I guess I should have just taken the hit and avoided "overcompensating." (It would then have been a clear case of hit-and-run since the idiot was oblivious to anything around them.)

Overcompensating == avoiding 5K in damage (minimum).

I guess it's time to toss out defensive driving and welcome a new generation of driving style: Get-the-fook-out-of-my-way-I-own-the-road driving.

Old 05-20-2004, 02:41 PM
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Exactly EricL except when you drive that way make sure your in a beater, or a HUGE fucking SUV!
Old 05-20-2004, 09:45 PM
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Similar shit happened to my buddy... He was on the highway in california and was racing another friend of ours... Anyway, CHP pulls out of nowhere and my buddy hits the gas... Our other friend slows down and gets pulled over (they were doing about 110 when CHP showed up)... CHP is pissed, yells at my buddy, and asks him about the other car... Stupid asshole tells the cop the guys name and number... Anyway, long story short, the cop called my friend numerous times but I advised my friend NOT to answer the phone.. The cop left a bunch of voicemails, threating voicemails, saying he would come to my friend's work and cuff and arrest him in front of his coworkers, etc.... He told my friend he had to call back within 24 hours or a warrant would be issued for his arrest... I told my friend NOT to call back, and to play dumb (my voicemail doesn't work, whatever) if he actually did get arrested at work... Anyway, it's been about 1 year and nothing ever came of it... The moral of the story, never say a SINGLE WORD to a cop, PERIOD. You have the right to remain silent, use it!
Old 05-22-2004, 11:00 AM
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[QUOTE]Originally posted by EricL
[B]So, I guess I'm to blame for having to kiss the curb to avoid this nitwit in a giant SUV talking on the cell phone while running a stop sign. The idiot was a paper width away from destroying my car, but was too busy on the cell phone to notice me swerving out of her way. I guess I should have just taken the hit and avoided "overcompensating." (It would then have been a clear case of hit-and-run since the idiot was oblivious to anything around them.)

Overcompensating == avoiding 5K in damage (minimum).

Honestly, thats the best thing to do. If someone is driving like a moron and runs you off the road and you hit a curb, tree, mailbox etc, you are at fault for "failing to maintain control of your vehicle at all times". It sounds horrible but if you can't avoid the accident the best thing to do is let them hit you so THEY are at fault
Old 05-22-2004, 11:19 AM
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Originally posted by NJTypeS
Honestly, thats the best thing to do. If someone is driving like a moron and runs you off the road and you hit a curb, tree, mailbox etc, you are at fault for "failing to maintain control of your vehicle at all times". It sounds horrible but if you can't avoid the accident the best thing to do is let them hit you so THEY are at fault
Really? Can you point out some sort of reference/case/law that supports this?
Old 05-22-2004, 11:40 AM
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Originally posted by kensteele
[B]

Really? Can you point out some sort of reference/case/law that supports this?
I work as an insurance claim representative so I could get NJ case law next time I'm in my office if you like. I have settled several claims in which the exact same circumstances arised. ( someone claims they were run off the road by someone else and thus hit a tree, curb, pole etc..).... Remember every state is different. I should have stated in NJ, you are required to maintain control of your vehicle at all times. Your state might be somewhat different but almost every state practices comparative negligence in some way and if you can PROVE someone drove you off the road ( ex: unbiased witness) you may be able to get away with not being charged with an at fault accident by your insurance company. most of the time though the person who ran off the road is unable to prove someone actually forced them off the road and are charged with an at fault accident.
Old 05-22-2004, 02:44 PM
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Originally posted by kensteele
Maybe you can discuss your new ideas about driver responsibility here: http://www.roadragers.com/
exactly what the internet should NOT be used for.

your site sucks

Craig.
Old 05-22-2004, 04:27 PM
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Originally posted by NJTypeS
I work as an insurance claim representative so I could get NJ case law next time I'm in my office if you like. I have settled several claims in which the exact same circumstances arised. ( someone claims they were run off the road by someone else and thus hit a tree, curb, pole etc..).... Remember every state is different. I should have stated in NJ, you are required to maintain control of your vehicle at all times. Your state might be somewhat different but almost every state practices comparative negligence in some way and if you can PROVE someone drove you off the road ( ex: unbiased witness) you may be able to get away with not being charged with an at fault accident by your insurance company. most of the time though the person who ran off the road is unable to prove someone actually forced them off the road and are charged with an at fault accident.
No I can believe that; sounds good to me. I'm sure everyone claims their one car accident sombody ran them off the road. But like I said earlier, if you are going thru a green light and you have to avoid the idiot running the red light and you crash and he keeps going, if you can prove it, he will be at fault and you will not be. I guess the keyword is prove.
Old 05-22-2004, 04:28 PM
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Originally posted by craigwilloughby
exactly what the internet should NOT be used for.

your site sucks

Craig.
Actually I just ran across that site the other week. I think it's a great idea. If I worked for the insurance comapny and I saw your license plate number pop up here on numerous ocassions....
Old 05-27-2004, 03:32 PM
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... ? ...

[QUOTE]Originally posted by NJTypeS
[B]
Originally posted by EricL
So, I guess I'm to blame for having to kiss the curb to avoid this nitwit in a giant SUV talking on the cell phone while running a stop sign. The idiot was a paper width away from destroying my car, but was too busy on the cell phone to notice me swerving out of her way. I guess I should have just taken the hit and avoided "overcompensating." (It would then have been a clear case of hit-and-run since the idiot was oblivious to anything around them.)

Overcompensating == avoiding 5K in damage (minimum).

Honestly, thats the best thing to do. If someone is driving like a moron and runs you off the road and you hit a curb, tree, mailbox etc, you are at fault for "failing to maintain control of your vehicle at all times". It sounds horrible but if you can't avoid the accident the best thing to do is let them hit you so THEY are at fault

Oh, god. You are so wrong. You don’t have a clue. You might be the stupidest human alive.

You must be out of your mind. I got a few scratches on my rim and bumper vs. having the fun of getting over 1/3 of the car painted.

And, I think of all of the times that I ended up being alive by not "taking the hit." I can probably recount about 10 near death experiences where some moron ran an intersection, was on the wrong side of the road, or ran into some other person. I guess I should have died – along with my wife and friends – to make sure the insurance was clear about who was at fault.

You obviously have brain damage from some hit you took using your own advice.

The only thing I've not been able to avoid is being SMASHED from behind with no warning. I have the pleasure of permanent nerve damage and I can only hope that someone figures out how to regenerate nerve tissue. Think about some doctor pulling your nerve roots out of your spine and having a neurosurgeon work with a microscope to remove all the scar tissue wrapped around your nerves. Then they get to play with lots of sharp knives to see if they can put you back to together again. Let's see if you still think that property damage is the only issue to think about.

Hmmm.. Then there is the issue of having your kids in the car. Hmmm, let's waste them and take the hit

And, you assume the other driver has insurance and is in the country legally.

That's the lamest statement I've seen in a long time.

BTW, when I talked to the insurance about this very issue, they had a very different take about this -- at least in CA.
Old 05-27-2004, 04:00 PM
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if they had to investigate, chances are the case is pretty serious, hopefully nobody got hurt!
Old 05-27-2004, 07:18 PM
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I got a letter from my lawyer requesting payment... that is the only update I have.
Old 05-27-2004, 08:19 PM
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Re: ... ? ...

Originally posted by EricL
And, you assume the other driver has insurance and is in the country legally.
Biggest problem in New Castle County is just that, unlicensed...illegal immigrants.

Makes our insurance extremely high.
Old 05-27-2004, 08:59 PM
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Know that in this economy in this day in age, there are lots of people of all types WITHOUT insurance. I believe the lack of insurance or uninsurance has reached epidemic proportions. Saw it on the news the other night, Kansas is FULL of no-insurance drivers.
Old 05-27-2004, 09:16 PM
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Originally posted by kensteele
Know that in this economy in this day in age, there are lots of people of all types WITHOUT insurance. I believe the lack of insurance or uninsurance has reached epidemic proportions. Saw it on the news the other night, Kansas is FULL of no-insurance drivers.
Try driving in California. I've been hit twice and both times, the other driver had no insurance. My wife was rearended with three cars involved and she was at the front. She was the only one with insurance. We've used the uninsured motorist portion of our coverage more than any other coverage on our policy. Pretty sad.
Old 05-27-2004, 09:37 PM
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I have been lucky not to be hit by anyone w/o insurance, but then I realize I have never been hit...just hit a sign and a telephone pole. NJ has the highest rates in the nation for a reason....

But I know other places in cities that average more, so I can't complain.

People w/o insurance should be shot, or at least punished to the point where they get insurance. Or more insurance companies need to offer min. coverage for people of lower incomes.
Old 05-28-2004, 02:00 AM
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My folks came to visit me out in here in LA over a year ago, and when my mom saw how people drove out she MADE me add uninsured motorists coverage, and she was right to do so.

As for uninsured motorists, yeah they should be shot.

What sucks is states like Va. where you can pay an uninsured motorists fee, and you get to drive around legally uninsured pretty fucked up.
Old 05-28-2004, 06:00 AM
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Originally posted by anothercls
I have been lucky not to be hit by anyone w/o insurance, but then I realize I have never been hit...just hit a sign and a telephone pole. NJ has the highest rates in the nation for a reason....

But I know other places in cities that average more, so I can't complain.

People w/o insurance should be shot, or at least punished to the point where they get insurance. Or more insurance companies need to offer min. coverage for people of lower incomes.

I agree with you but in NJ the state mandated dollar a day insurance which must be the most selfish concept in the world. the insurance only covers up to $10,000 in medical coverage for yourself and does not provide any liability coverage whatsoever. So basically if someone with dollar a day insurance hits your car while its parked in front of your house, his insurance company will not cover your damages. all it really does is allow the person to drive legally without getting a ticket. probably the worst concept ever. Thank good old Mcgreevey for this wonderful law. Minimum coverage is not a bad idea if it's done the right way. Meaning your insurance should cover damage to an innocent party if you are at a fault.
Old 08-18-2004, 08:55 AM
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I went to court yesterday and the case was dismissed without incident.
Old 08-18-2004, 10:11 AM
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Sounds like a happy ending.
Old 08-18-2004, 10:46 AM
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Very nice. Thanks for the follow-up.

The story sounded a bit strange from the beginning.
Old 08-18-2004, 10:50 AM
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Old 08-18-2004, 11:30 AM
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That must a be a big load off! Time for a few beers!
Old 08-18-2004, 11:53 AM
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It was definately a wierd beginning, but an excellent ending.

I didn't have beers, but I did get a couple cheesesteaks for dinner last night.
Old 08-18-2004, 12:18 PM
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Awesome!
Old 08-18-2004, 01:07 PM
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Any further details emerge? IOW, WTF really happened?
Old 08-18-2004, 01:09 PM
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I have no clue, the officer nor the witnesses that identified my car were there. I guess the most that happened was I spent 750$ on a lawyer and 3hrs in a court house waiting.
Old 08-18-2004, 01:43 PM
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That blows, but at least you didn't go to jail or anything. Smile and have a beer.
Old 08-18-2004, 02:27 PM
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Glad to hear it worked out.

Paying lawyers sucks ass though...
Old 08-18-2004, 02:33 PM
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right on... the lawyer wasnt willing to not charge u?
Old 08-18-2004, 02:35 PM
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Originally Posted by CLean B
right on... the lawyer wasnt willing to not charge u?

Nope, but that is a good question, maybe I should ask for a refund....

I would never do it, from the beginning it was more a question of how long it could take to resolve, had it gone through trial he would have been there, but it didn't. I do feel that 750 was a bit much for the little bit of work, but it could have been a lot more expensive.
Old 08-18-2004, 02:46 PM
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Originally Posted by anothercls
Nope, but that is a good question, maybe I should ask for a refund....

I would never do it, from the beginning it was more a question of how long it could take to resolve, had it gone through trial he would have been there, but it didn't. I do feel that 750 was a bit much for the little bit of work, but it could have been a lot more expensive.
Don't ask for a refund. You hired him, he did some work, he gets paid. End of story.

Just because you perceive that the work level was 'light' or 'easy' doesn't justify a decreased payment. You still required his expertise, training, and license to do whatever it was he did, even if it was in standing beside you while your case was dismissed. He still did whatever research there was to gather the facts and to review the pertinent issues and legal standing.

Hindsight is 20/20, but I still wouldn't have gone into court for this bizzare incident without an attorney representing me.
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