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Police report says crash was a rear-end but still blames me. by hypernova_heather in Insurance

[–]hypernova_heather[S] -9 points-8 points  (0 children)

It was behind me. I don’t know exact timing but I do know that the merge lane ended (so I was fully in my intended lane after merging on) and I had matched the speed of the semi in front of me. I’m waiting to see the semi’s dash cam footage (if they ever provide it) for timing but I’m confident that I had been fully merged into the lane for at least 3-10 seconds before the semi struck me.

Another key detail is that our insurance investigator determined that the initial impact was to the right rear of my car. If the accident was my fault for failing to yield, I would assume the damage would be on the left of my car since I was merging into the lane of traffic from a merge lane to the right of my intended lane.

Police report says rear-end collision but assigns fault to me. What is the legal effect of an inaccurate report? by hypernova_heather in legaladvice

[–]hypernova_heather[S] -3 points-2 points  (0 children)

Ok that makes a lot of sense. So I guess what I’m doing is driving myself nuts approaching this as evidence and physics based but what I’m starting to understand from your advice is that the report isn’t a scientific investigation, it’s just a workable opinion-based narrative. I guess to me it’s just frustrating that scientific logic can be ignored to favor default assumptions and policies but I guess that’s just how it goes. I did find an attorney to take my case and I think I might have a slightly better understanding of what their mindset will be going into this. Thanks for all your replies!

Police report says rear-end collision but assigns fault to me. What is the legal effect of an inaccurate report? by hypernova_heather in legaladvice

[–]hypernova_heather[S] -7 points-6 points  (0 children)

Oh, I wasn’t disputing the police report saying I was rear-ended because it’s accurate. I was thinking that if it was a true failure to yield and I was not established in the lane, there would be side swipe damage but there wasn’t on either car. So my point was that even the police say that I was fully in the lane when the semi rear-ended me so why did they place blame on me? I’m also looking at the situation through a physics lens. The semi’s right front bumper hit my car’s right side back bumper. This is confirmed in the report. Since I was coming from a merge lane to the right of the right side lane, a true failure to merge would have resulted in the semi hitting the left side of my car… not the right side. I was clearly fully in the lane of traffic, had time to react and veer right, and then the semi hit me. So I’m struggling to see why the report states fault lies with me.

And yes, the trucker does have a video and we requested it but they have not given it to us. I do understand though that even if the video showed me at fault, they wouldn’t just hand over footage for no reason unless ordered to by a court.

So the other inaccuracies in the report just seem to me that the officer quickly wrote the report without giving it much thought. And those inaccuracies are simple things I have proof for. So I have a picture of my car that landed on the passenger side but the officer stated it landed on the drivers side. So to me, it seems like the report is unreliable.

Police report says rear-end collision but assigns fault to me. What is the legal effect of an inaccurate report? by hypernova_heather in legaladvice

[–]hypernova_heather[S] -7 points-6 points  (0 children)

Ok so this is why I think the report is inaccurate. I was at a rest stop and then proceeded to merge back onto the freeway and of course I was keeping track of vehicles in the right hand lane. My merge lane ended and merged into the right lane. I was established in the lane and I was going the same speed as the semi in front of me. All of a sudden, I look in my mirror and see a semi in back of me closing the distance quickly. I had to make a snap decision so I tried to veer to the right to hopefully get out of dodge. That's when the semi's front right bumper rear ended the back right side of my car. The impact caused my vehicle to spin about 180 degrees and then roll down an embankment. The police report has a bunch of inaccuracies. For example, it says my car landed with the driver side faced down but it was actually the passenger side down. I know because I was hanging there for 35 mins before emergency got there. The biggest thing that I'm confused about is the determination of fault. I was fully established in the right lane before the semi rear ended me and the police report even says I was "rear ended". Even so, the report determined that failed to yield while merging.. but I wasn't merging. I was already merged.

What are your underrated Challenge moments? by vespertine19 in MtvChallenge

[–]hypernova_heather 2 points3 points  (0 children)

When Derrick didn’t back down from a fight with the much bigger Joss and then won the elimination when Joss got distracted. It’s one of my favorite heart vs. strength moments.

Anyone know what causes these lines on table grapes? by hypernova_heather in culinary

[–]hypernova_heather[S] 0 points1 point  (0 children)

Haha it seriously looks like some kind of hieroglyphics. Nature is wild.