The police report for a recent collision says I caused the collision and the motorist's insurance agents are acting accordingly. Does anyone have experience with something like this? I can't get lawyer representation as long as the police report stands. I've sent a letter to the Highway Patrol responsible for the report requesting corrections to the errors. Any help would be greatly appreciated.
Elliot, First I hope that you are OK.
Second - This very same thing happened to me about 20 years ago. The cop (who turned out to sympathize for some reason with the drive - my first strong experience with strong ethnic bias against me) said I was at fault. Either extreme bias or a police officer who was actually too stupid to be one. (Could have been both).
I was commuting home from work - about a 12-13 mile ride on a really busy 2-lane highway. I was passing a "T" intersection (on my right) where the cars had to come to a complete stop and then pull out into the traffic. There was a center "turn" lane that helped. It was practically impossible to turn left however during rush hour as traffic hardly backed off enough to give you any room.
Anyway, I was riding my DF and probably going about 20mph or so. I actually don't even remember to this day being hit, but I woked up on the side of the road (opposite side). I was thrown across 3 lanes of traffic. When I came to, about 8 people were all looking down at me from above. It was surreal. after a few minutes of letting the fog clear from my head, I noticed my right hand was hurt badly and very bloody. This was were the truck hit me. My left shoulder was also screaming at me. That is what I fell one. An ambulance was called and I was rushed off to the ER. I ended up with multiple breaks in my right hand center around my 3rd metacarple (I've got 4-5 screws in there now), and left shoulder was fractured. Enough about body parts - just given to give you the broad stroke of what happened.
While in the ER being treated and evaluated the policeman came and gave me a ticket. He said that I was required to stop at this "intersection". I don't know if he was truly that ignorant or just stupid, or just though I was either or both. Basically the guy that hit me was driving a 1-ton "company" work truck, had a suspended license for open container - and this cop still wrote me up. I can't prove it but I have to think he must have known him - not really sure. Luckily I had a friend in my church (who also lived in the city where the accident happened) who was an attorney and he wrote a letter to the "chief" of that police department with my statement of what happened, also asking in his own way do bicycles really have to stop on the through street for cars. Eventually the police report was "modified". Obviously this was a a flagrant error that had to be corrected and I don't know what your situation is Elliot. Even with this record changed, I still needed to use an attorney to get the driver's insurance company to pay up, and it took a over a year for it to be complete.
Having said all that: If you have injuries and damages to your bike that need to be taken care of (paid by insurance), probably your only alternative is going to be to get some legal help of some kind. I feel for you because it is a painfully slow process.
I would suggest writing up you account as quickly as possible. Also post it to online to as many places as you can think, also asking for help. Someone with a car cam might have some footage that can help you, or someone that was an eye witness may come forward. If you have an insurance company of your own - give them your account, but also get the insurance company and contact of the motorist and also give them you account of what happened.
Good luck Elliot - again I hope that you are OK and not too badly damaged.
