Posted: 2/10/2004 10:37:52 AM EDT
|
Some of you may remember me posting this thread about three months ago after I was involved in an auto accident. www.ar15.com/forums/topic.html?b=1&f=5&t=214281&w=searchPop I was just called about an hour ago by a member of the Highway Patrol and he advised me that the other woman in the accident died. He said that she had surgery after the accident to repair damage to her liver. She was in the hospital for awhile and then was released. She then started to suffer from some type of infection and was readmitted to the hospital. She died recently while there. The coroner has put down the cause of death as an accident fatality. Because of that, the police are required to do a more in depth investigation and will be out to talk to me next Tuesday. The idea that somebody has been killed is very troubling. However, I've looked back on what happened that day and I don't see that I could have reasonably done anything to prevent what happened. LEOs - what should I expect? Is there anything that I should be aware of? I'll be crossposting this to the LEO forum, but I'd be very interested in hearing from anyone who has personal experience in this. Edit to fix the link |
|
Attorney The infection and subsequent passing was a result of unsanitary conditions at the hospital. Your land shark ought to be able to run with that if the other side doesn't come up with it in an atempt to go after the deep pockets. Unfortunately secondary infections can be a real problem at many hospitals. Link doesn't come up at least for me. If the accident wasn't your fault, there shouldn't be any criminal filings, you may get civil filings. To avoid any malpractice charge their lawyer will file against the hospital for wrongful death and you will be included. Everybody gets included. If you were at least partially at fault, you can expect that (in many jurisdictions not necessarily all) charges may be filed or a grand jury presentation. If it wasn't your fault then that should be the end, no billed by the Graand Jury and charges dropped after further investigation. Get an atorney fast, although you should have had one after the accident. Now I read the link. I wouldn't worry about criminal charges but the caveat about civil filings remains, since nothing bad ever happens that isn't someone else's fault you are going to get splashed with some of the blame. That and you will have second thoughts over it for years. Hang in there buddy, gonna be a little rough but you are in the right. Remember that, don't let anybody throw in any sympathy money to make it go away for you. |
|
Removed extra space in url: [url]http://www.ar15.com/forums/topic.html?b=1&f=5&t=214281&w=searchPop[/url] Damn, J_R. That sucks. From your original post, I don't see how anyone could find you at fault, but it still stinks knowing that someone died, even if it was as a result of [i]their[/i] mistake. |
|
Lawyer up. Your legal counsel must be present at any "interrogation" (and make no mistake, that's just what this will be). Print out the text of your post (without ARFCOM info), and keep it in a file. Your attorney may be able to utilize it as a recorded recollection near to the time of the accident. At the very least, provide it to your attorney. Good luck, and prayers sent. |
|
Quoted: Removed extra space in url: [url]http://www.ar15.com/forums/topic.html?b=1&f=5&t=214281&w=searchPop[/url] Damn, J_R. That sucks. From your original post, I don't see how anyone could find you at fault, but it still stinks knowing that someone died, even if it was as a result of [i]their[/i] mistake. Exactly. I was under the impression that her injuries were minor. Then you get a phone call that says she's dead. It sort of throws a wrench in the way you look at it. I have just spoken with my insurance company though and they feel confident that I'm in good shape, legally speaking. She got the ticket after the accident. There was one witness to the accident and he clears me of any responsibility...states that I was travelling at the posted speed limit when she pulled out in front of me...further states, that I immediately braked and attempted to avoid the accident. As far as the legal stuff goes, if her family is the litigitous type, I believe they'll go after the hospital. Hospitals and doctors have deep pockets and courts like malpractice suits. As far as me, I'll be named in the lawsuit even if I had a notarized blessing from the Pope and GWB as a passenger. I'd be interested to hear anything from those that have [b]personal[/b] experience. |
|
If you have insurance, you MUST notify them. They will provide counsel, since it's probably them that a plaintiff would be after. Even if your insurance company does provide counsel, consider retaining your own. Insurance companies are not always on your side. I would advise you to answer questions, with counsel present, in the attorney's office, but spare the details. Answer only what they ask, nothing more. Or do not answer if you or your counsel chose not to. A good attorney will cover how to handle the interview beforehand. Take your time; think about your answers. And get a copy of the transcript. And above all, don't lie. Best of luck to you, sir. |
|
Contact your insurance company and keep good notes, including names and phone numbers of the people with whom you speak. You might want to lawyer up...now! At least go speak to a PI ambulance chaser so you can get an idea how the deceased woman's survivors and her insurance company are going to come after you...and tragically, I fear it isn't over yet and they are aiming at your wallet and that of your insurance company. Liability, especially in a death case can be a real bitch. Two years ago, my son, my missus and my grandson were northbound on I-95 just north of Richmond when they were involved in a five-car chain accident. My son was driving and he was car three...dead in the middle. He was going the speed limit. When the cars in front suddenly hit their brakes, he successfully STOPPED safely without hitting anyone else. Sad to say, the full sized van and station wagon BEHIND him failed to stop. In the ensuing two impacts, all five cars were badly damaged and several people were hurt. Our Accord was TOTALLED. Thank God that the Honda crush zones worked as designed, absorbing the impact but sacrificing the engine compartment and the trunk in so doing. My missus was riding shotgun and the baby was in the back seat. Miz LWilde suffered minor bruising and the baby had a minor cut on his head from flying glass from the rear window (I told you that the rear was crushed!). The VA state troopers who responded cited the drivers behind my son. He was not cited. In the subsequent weeks following the accident, the lawyers and insurance companies fought and wrangled over who was responsible. We kept receiving letters in the mail from the other drivers' J. Noble Daggetts stating that we were being sued for damages. I immediately contacted USAA each time and called the opposing land shark firms to bitch...and remind them that we weren't at fault and that the cops and later the JUDGE found everybody guilty but my son...but all I got was the the usual F/U from the landsharks who told me that they were going after us anyway. Eventually, my insurance company lawyers stepped in and won the case. We didn't pay a nickel. See...they don't give a shit about the law...or who was really at fault. It's all about deep pockets and who can lie the most in court. This is going to take time to sort out and you need to be prepared. If your insurance company's counsel is going to represent you (Mine did) then you're probably ok. Failing that...I think you need to contact an attorney. |