police officer gave biased opinion in accident report with no reason to back it

United States
November 16, 2006 11:11am CST
I need some directions. I will try to be brief. I had a car accident in my small home town (in the south) A good-ol-boy way of life here! I was turning (behind 2 cars) left with a green arrow, I was turning from hwy 95-hwy 58, the accident occured while I was already on hwy 58 (I was hit in on the rear passenger side on my back wheel) The driver was going fast, 65 yr old retired guy. I had to call paramedics because my daughter could not breath (she's ok now) while dealing with that the police officer asked what happend " I had a green arrow and made my left turn when I was hit" I tried to continue my statement (I figured he would want more details) but he said he was good (didn't even want to see my license) He spoke to the man who hit me for a while (my conversation was too short for him to know my side) The report states that unit 1 (me) claims she had a green arrow unit 2 claims unit one pulled out in front of him causing collision. Officer Madden does not believe unit one had a green arrow to turn therefor failing to yeild and causing the collision" There were no witness!! He gave a biased opinion with no reason indicated on the report. Is that legal! He has no basis for that because I really did have a green arrow. He did not suspect alcohol, I was not drinking. My cousin who is a cert. traffic investigator says he has to 99 it if he wasn't there or give a reason for his opinion. I believe I was discriminated against because I am a young pretty girl with a high pitched voice. I think he believes the man because they either go to church together or they were bonding over the Alabama football game taking place during the accident. This report is used to help determine cause, even though the ins. co's don't have to go by it, it does matter to a degree. I am very frustrated and upset, too upset to go to the police station, in the small town that I live in, and get the run-around from the police dept. Any suggestions? Any knowledge regarding this so I don't wast a lot of time and money on lawyers who want to make a quick buck or not.
2 responses
@Signal20 (2281)
• United States
16 Nov 06
Got the love the good ole boy system. I'm having a hard time finding a job in my po-dunk county because of it. I was a police officer for a few years in FL. In my opinion, his "opinion" doesn't belong anywhere on that report(or any police report for that matter), only facts. Since there's no witnesses, and there's conflicting statements as to what actually happened, he should've just put both statements in the report and left it at that. The accident's I've worked, that's happened quite a bit(no obvious signs of who was at fault), and if I can't tell I don't assume what happened unless it's obvious by damage, tire/skid marks, etc. Did he cite you, since he's claiming you were in the wrong? If not, why? He's alleging you made an illegal turn, & caused an accident. I would've written a citation. There's one argument you can make. I doubt it was just out of the kindness of his heart. He may very well know the other man, and knows that if he's at fault his insurance rate may go up and he's giving him a break. I'd have that little box checked for that old guy to be going in to get his eyes checked and his overall ability to be driving. Another thing, you're making a left turn, and old guy was either sitting on the opposite side going straight or turning right. Either way, he didn't make sure the intersection was clear before proceeding through it. I'd be curious what his driving history is like-previous tickets/accidents etc. Now, where I lived/worked, after we did the report it was sent off to the state and that was it. Is there further action being taken? Because really, what's done is done. It's not like they can go back and change it. Sorry to say, but you're most likely fighting a losing battle if it's just the principal of it. I know you're probably in a small town, where everyone knows everyone, but here's some suggestions to take. Not sure on the actual size of the department, but have you tried contacting the chief? I know you said you got the run around, but that'd be my first route. Also can check into filing a complaint and having an internal affairs investigation done on that officer, but again if it's a small dept, that might just be a joke as well. Could also try going through the mayor, he's over the chief. Or try contacting the sheriff's dept there, or your state Bureau of Investigation office and see what they say or recommend. Never know, they may already have several complaints on this officer for stuff and start an investigation. Good luck!
@sookynah (81)
• Canada
16 Nov 06
this sucks! I was just side swiped recently and the guy claimed it was my fault even though he turned his car driectly into mine from another lane! DO you have something like X-Cops in your area? Retired police officers who will fight your tickets for you? Do some research online for those types of agencies in your area. It's tough if you live in a small town but there may be some place nearby that you could ask some questions etc.