- 5 years ago
- Wedding: November 2012
This is a follow up to this thread: http://boards.weddingbee.com/topic/drunkintoxicated-driving-accident#axzz2jKBVZRFD
We got the police report, and we were disheartened (and very frustrated) to see that the other driver blew a .07 and got off the hook on that technicality even though he was declared severely impaired on the scene and failed all of his field sobriety tests.
Furthermore, there was nothing in the accident report noting that he was severely impaired and failed the tests. In fact, the liability for the accident was pinned on my husband. They think we sideswiped him, even though the physical damage to the vehicle clearly shows that he hit us. (The pictures in the thread show how the axle was pushed forward. If that was a result of us striking him, it would be pushed back.)
The investigating officer remains oddly tight-lipped when we asked him on the phone what led him to believe my husband was at fault. Most of my husband’s statement was omitted. The accident report did not reflect that the other driver was going way over the speed limit.
He just says, “Well, that’s just what my investigation revealed”. It’s very sketchy.
We’re going to see him in person today. Hopefully he won’t wave us off like that when he has to look us in the eye and defend his bullshit findings.
Hopefully, we can make our case to him and convince him to amend the accident report to reflect either the drunk driver being at fault, or no fault.
I understand it was a he-said-she-said situation and they were not there to witness the crash, but I’m floored that they are taking the word of someone who so intoxicated he was barely within the legal limit and failed all his tests over two sober, and far more reliable eyewitnesses. Actually, we’re victims. And this is typical blame-the-victim horseshit.
This article is about an incident three years ago. It’s the same man who struck us with the same 2005 Nissan he used to intentionally drive into a woman after assaulting her. And they’re siding with this douchebag?!
I’m not even going to do anything about the other driver. Luckily, nobody was hurt, so I’m not out for his blood. We just want the fault allocated to the proper place for the sakes of my brother’s insurance premium and my husband’s driving record–and as a matter of principle.
We’d even be happy if they change it to a no-fault accident. I understand a lot of things are hard to prove. All they know is that my husband dtarted to merge and then a collision occurred.
Like I said, we’re going to meet with the investigating officer this evening. He may stick to his guns about it, he might not. In the event that he does, what is the appeal process? How should we move forward?