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Old 06-18-2012, 01:08 PM
 
4,709 posts, read 12,675,888 times
Reputation: 3814

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Quote:
Originally Posted by MaseMan View Post
Toxicology reports take a good while to be released . What was the decedent's BAC?

Probably pretty damn high.
Or do previous DUIs and beer cans on the floor constitute proof that the driver was intoxicated?

Not proof, but a pretty good indication.

So "probably" and "pretty good indication" are good enough for you to excuse what may possibly be a wrongful death case?

Well it isn't for me, and I guarantee that if the same thing happened to someone that I care about, this thing wouldn't be over...not by a long shot.

 
Old 06-18-2012, 01:11 PM
 
Location: Wichita Falls, TX
568 posts, read 2,420,290 times
Reputation: 456
Quote:
Originally Posted by car54 View Post
So "probably" and "pretty good indication" are good enough for you to excuse what may possibly be a wrongful death case?

Well it isn't for me, and I guarantee that if the same thing happened to someone that I care about, this thing wouldn't be over...not by a long shot.
 
Old 06-18-2012, 01:19 PM
 
Location: NJ
17,573 posts, read 46,144,871 times
Reputation: 16279
Quote:
Originally Posted by car54 View Post
Well it isn't for me, and I guarantee that if the same thing happened to someone that I care about, this thing wouldn't be over...not by a long shot.
If it was someone you cared about you should feel really guilty about not helping them sooner.
 
Old 06-18-2012, 03:35 PM
 
Location: Chicago
38,707 posts, read 103,185,348 times
Reputation: 29983
We have more than speculation, we also have photographic evidence. And we can deduce from the photos at least the following information:

1) The other motorist hit the OP's vehicle so hard that he bent the frame on a Suburban and jack-knifed it and a 25-foot camper (combined weight of, what, 10,000lbs?) with a 2,500lb sedan;

2) Given the total weight and where the OP's vehicle was struck, it's clear the OP didn't just suddenly pull out in front of the other driver and that the other driver should have had plenty of time to avoid accident were he not traveling at an excessive rate of speed and/or paying any kind of attention to the road in front of him.

Given the totality of the evidence available to us so far, there is little reason to doubt the rest of the OP's account or to assume the OP bears sufficient liability in the accident to be a persistent jerk about it.
 
Old 06-18-2012, 08:25 PM
 
74 posts, read 615,060 times
Reputation: 58
Everything that the OP has written seems to be on the up and up and I do not question their recollection of events. I think it was quite admirable of the OP to post such a personal occurrence on this forum for everyone to read and either support or criticize.

I wonder if the recounting of events here was a therapeutic experience for the OP. The events were told in a very detailed, methodical manner that makes me think this might be the case, whether the OP recognizes it or not.

I'm sorry this happened to this family. We never know when any of us will be placed in this same situation. I hope the future proves to be kind to the OP.

As far as a DUI driver goes, I have no sympathy for them. I'm glad this wasn't a situation of innocent people severly injured or killed and the impaired driver emerging with little or no injuries.
 
Old 06-18-2012, 10:02 PM
 
Location: Free From The Oppressive State
30,253 posts, read 23,737,137 times
Reputation: 38639
Some of you people aren't thinking clearly at all.

Look at those photos again.

A suburban pulling a trailer doesn't fly across an intersection, it goes slowly. Look where the car hit. It hit between the driver's door and passenger's door on the driver's side. This is a pretty damn good indication that the OP had already began his attempt through the intersection when the guy hit.

Now. Look at the damage. A little car like that going 45mph does NOT do THAT kind of damage. No skid marks means the guy was barreling along so fast, he didn't even have time to think about pressing on the brakes. If he was impaired, even worse for any attempt to react.

Go look again at the photo showing the direction the guy came from. It's on an overpass and there really isn't a whole lot of distance there between when the car would appear over the rise of that over pass and the intersection. I'll BET YA that is why they have the speed limit posted at 45mph so that if you DO come over that rise, and you see a car pulling out, you aren't going so damn fast that you can't stop in time.

I have no idea if the guy was drunk, I don't have his blood tests but what I can say, from looking at those photos, is that I'll bet money that guy was flying and NOT going 45mph...which, would make it HIS fault, not the OP.
 
Old 06-19-2012, 05:24 AM
 
45 posts, read 51,470 times
Reputation: 70
Moderator cut: referencing orphaned post

Unbelieveable. Yeah, the OP went to all the trouble of writing a misrepresented story. Why? Obviously the police saw it differently then you. The OP said he didn't see anyone coming when he pulled out because the drunk was driving at such a high rate of speed.

Why needlessly try and make someone feel bad in a bad situation? You don't have anything better to do? I have seen where cars seemingly come out of no where because they are driving so fast. It's scary but ti happens.

Last edited by SOON2BNSURPRISE; 06-19-2012 at 08:17 AM..
 
Old 06-19-2012, 05:32 AM
 
Location: Florida
2,289 posts, read 5,774,399 times
Reputation: 5281
Wow, sure glad that none of you were hurt.
 
Old 06-19-2012, 08:19 AM
 
7,214 posts, read 9,394,916 times
Reputation: 7803
Quote:
Originally Posted by car54 View Post
So "probably" and "pretty good indication" are good enough for you to excuse what may possibly be a wrongful death case?

Well it isn't for me, and I guarantee that if the same thing happened to someone that I care about, this thing wouldn't be over...not by a long shot.
So, how long have you been a police officer that you know better than the ones that were on the scene of this accident?
 
Old 06-19-2012, 08:23 AM
 
Location: Living on the Coast in Oxnard CA
16,289 posts, read 32,345,962 times
Reputation: 21891
The intent to this thread seems to have been explaining the dangers of Drinking and Driving. I thought that the OP did a reasonable job at explaining the situation. Law enforcement explained that the OP was not at fault. The fact is that accidents happen. Many people drive while under the influence. It would seem from reading the original post that the driver of the car was drinking while driving and not the OP.

Since this thread seems to have moved toward a differant path and not the intent of the OP I am closing this thread.

Last edited by SOON2BNSURPRISE; 06-19-2012 at 12:01 PM..
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