We finally received justice from a road rage accident!!! - Subaru Outback - Subaru Outback Forums
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post #1 of 35 (permalink) Old 05-09-2019, 06:12 PM Thread Starter
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We finally received justice from a road rage accident!!!

My family and I were involved in a road rage accident on April 7, 2019. It was a horrible situation. We were in a quiet residential area moving at 15mph. A guy came behind us in a rice burner, about two feet from my rear bumper, blowing the horn. I slowed to let him pass, he did not. I came to a gentle stop to let him pass. He stopped behind me for about 8 seconds before quickly accelerating around me. We thought the he had moved on. After we started driving again, he slammed on his brakes in front of me. I quickly turned to pass on his left but he quickly accelerated from his stop, he turned left into me hitting the right rear door of my Outback. Then he moved behind us and rammed the rear of our car. He began to flee to scene but when he saw me on the phone, he stopped.

When the investigating officer and his supervisor showed up, they spent the first 30 minutes talking with the other driver. They took his story and ran with it. Before I could speak with them, they issued me (and the other driver) tickets for careless driving. I was the driver cited for the entirety of the fault (Colorado is an at-fault state. Maybe some day I'll post about this because it's important for those living in at-fault states.).

The two Littleton police officers treated us with contempt and disdain. My two friends, who were following me at the time, said the officers were rude and condescending. The investigating officer and his supervisor did NOT:
• talk to me or my wife before giving me a ticket.
• ask if we needed medical assistance.
• review and note the accident scene properly.

An independent witness saw the entire thing. My wife asked her to write a statement. The witness had a question about something so she went to the investigating officer. The officer told her, "It doesn't matter what you write, I already know what happened."

Here are some of the errors they put on their police report:
• Time was incorrect.
• Location was incorrect.
• Did not state my toddler son was in the car.
• Did not state if my son was injured, because they did not put in the car. Duh.
• They did not ask if I used alcohol or drugs and stated "none."
• The supervisor was not listed as being on the scene.
• They had my address incorrect and never asked me to verify it.
• Did not ask if I was restrained.
• Did not ask if it was me or my wife who was driving. One of the two elements to prove careless driving is the verify the person behind the wheel. Another big duh.
• They lied in their report an independent witness said I was "driving aggressively." Her statement does not include theses words. I know the witness and spoke with her after the accident. She stated she never said that or anything close to that.

Yesterday was my plea hearing. I did my homework before the plea hearing by talking with several attorneys, learning the statute, gathering evidence, etc. To make matters worse, the prosecutor's file from the police department did not include a copy of the statements by me, my wife, and the witness. I believe the police intentionally did not send them to the prosecutor to cover their own bottoms. So I let the prosecutor borrow the statements from my copy of the police report. (Let this be a lesson. If you want to contest a ticket or accident, obtain your own police report at least a week before the hearing so in case the police want to "misplace" a document for the court, at least you'll have it.)

The prosecutor quickly concluded:
1) This was road rage.
2) The other driver was 100% at fault.
3) The Littleton police did a "lousy job of investigating" and their report is wrong.
4) I did nothing wrong and never should have been cited.

Out of the 20-25 people who appeared for their plea hearing, everyone got a reduced ticket in exchange for a guilty plea except for the other driver. The prosecutor would not reduce his careless ticket and mandated a road rage class. She told the judge "this case is very concerning to me." The other guy pleaded guilty. Not sure if he knows the consequences but he plead guilty to a criminal violation (class 2 misdemeanor). And since the ticket is related to an accident, he's gonna get hit hard with high insurance rates for a long time (yes, insurance underwrites can use a decade-old ticket or accident against you).

Then it was my turn in front of the judge. She told the judge the 4 points above and recommended my careless ticket be dismissed. The judge didn't even ask if I had anything to say and immediately dismissed it!!

Finally!!! Justice!! This is a huge relief for me and my family. It's been stressful having this over our heads. We didn't want to go to trial and hire an attorney. Now that my ticket was dismissed and the other guy pleaded guilty, it will be much easier to recover property and personal injury damages from the other insurance party. We intentionally waited to not inform our insurance company until my careless ticket was dismissed. (hence is why it's important to know how insurance works in at-fault states). So there is another part of justice to come regarding the insurance, but we are in really good position to be successful with it.

We are thankful to God for watching over us. We are blessed to have justice without prolonging this ordeal.

(Please don't make a haste judgment about what I did or could have done to avoid this. A lot of details were left out. Per a legal opinion, an accident in itself cannot determine fault or careless driving.)

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post #2 of 35 (permalink) Old 05-09-2019, 06:18 PM
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So happy this worked out well for you. This is one of the many reasons I have a dash cam!

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post #3 of 35 (permalink) Old 05-09-2019, 06:26 PM
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What a story. Just wow.
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post #4 of 35 (permalink) Old 05-09-2019, 10:04 PM Thread Starter
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So happy this worked out well for you. This is one of the many reasons I have a dash cam!
Last week I installed in both our cars the Blackvue DR900S 2 channel for the front and rear and the Blackvue 590W 2 channel for the left and right sides. I added the Blackvue Ultra battery for the parking mode. This helped prove to the prosecutor I was not at fault.
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post #5 of 35 (permalink) Old 05-09-2019, 10:07 PM Thread Starter
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What a story. Just wow.
When I told this story to 3 attorneys, they were astonished and said the same thing, "Wow!" One attorney said the police acted with lots of prejudice and negligence. Yes, I could give more details but you get the core of it.
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post #6 of 35 (permalink) Old 05-10-2019, 02:11 AM
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Was this the Police Officer and his Supervisor?

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post #7 of 35 (permalink) Old 05-10-2019, 02:38 AM
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And the follow up with the Police Department......

Ken
2010 2.5 Outback
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post #8 of 35 (permalink) Old 05-10-2019, 02:42 PM
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what the crack, that's terrible. i wonder if the other person "knew someone" and was name dropping or something. that's bizarre.

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post #9 of 35 (permalink) Old 05-11-2019, 07:57 PM
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He began to flee to scene but when he saw me on the phone, he stopped.
Oklahoma version of what happens next.

Since he had endangered my family by deliberately ramming our vehicle, I stepped out, opened fire, and put two in his chest. I was in fear of my life. When the police showed up, the witnesses said it was the other guys fault and the coroner carted his body away.

No charges filed, case dismissed.



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post #10 of 35 (permalink) Old 05-11-2019, 09:14 PM
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Another good reason to have a rear facing dash cam....I recently took a cam vid to the police bc a guy passed me and others on the right in a merge lane...trying to speed around me at the end of the merge lane...he had to use the shoulder to get by. Got a call from the cops saying I was in the wrong bc I didn’t slow and let him merge...even though he was driving erratically....speeding etc...WTF! Had I had a rear cam it would have showed the whole story...guess what’s on my to get list.


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