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Dealing with the DA's Office Following an Accident

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  • Dealing with the DA's Office Following an Accident

    My wife was in a rollover accident with a semi truck a month ago. The other driver was charged with careless resulting in injury, her car totaled, she went to hospital, etc.

    We are now going through the civil portion of the claims process with both property damage and bodily injury claims, getting an attorney after the trucker's insurance started acting in a way that made both lauren and I concerned about thier intent.

    The state trooper has two witness statements from others and one that my wife wrote out in her hospital bed. These were not filed with the police report but I was told by a state patrol corporal that they were sent to the DAs office in support of the charges.

    When I called colorado state patrol and asked for copies of them, they indicated they could only provide me the accident report and that the statements are evidence in a criminal prosecution and would not be available to us until after the criminal case is concluded.

    I have also been told by others (non LEO) that there is some way I should be able to ask for these from the DAs office as one of the statements was her own and the others are related to the case. We arent entitled to the DA's notes and meetings and so on related to the case, but should be able to get at least a non-official photocopy of the statement(s) to proceed with in the civil portions.

    1) Is my wife able to ask for a copy of the statements?
    2) How would should we do that? Should we just have our attorney do it?
    -------------------------------
    You can't fix stupid, but you can arrest it. - LINY

    "Their house, their rules. And when they get robbed, they can call 911 and ask them to send a hippie to protect them." - ateamer

  • #2
    It's important for you to remember that the Criminal and Civil aspects of your Wife's accident are two seperate and distinct venues. That said, what you're running into is the usual bureaucratic B.S. which often goes along with these cases. Your Attorney should have no problem in obtaining all relevant documents from the DA's Office. Let him/her earn the bucks you're paying him.

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    • #3
      Originally posted by PhilipCal View Post
      It's important for you to remember that the Criminal and Civil aspects of your Wife's accident are two seperate and distinct venues. That said, what you're running into is the usual bureaucratic B.S. which often goes along with these cases. Your Attorney should have no problem in obtaining all relevant documents from the DA's Office. Let him/her earn the bucks you're paying him.
      Absolutely, thanks!

      In the civil stuff, the other side has filed a really suspect witness statment from someone we cant confirm that contradicts on-scene evidence mentioned in the criminal case report.

      We know these other statements exist and getting them would really help us on the civil side to demonstrate that the other statement is bunk. My wife has already been to the hospital twice and dealt with more than a month of medical care. She shouldnt have to deal with a bunch of crooks trying to cover a truck driver that wasn't being careful, too.

      Appreciate the perspective.
      Last edited by Oddball-Six; 09-23-2009, 11:22 AM.
      -------------------------------
      You can't fix stupid, but you can arrest it. - LINY

      "Their house, their rules. And when they get robbed, they can call 911 and ask them to send a hippie to protect them." - ateamer

      Comment


      • #4
        Let your attorney do it. That's what you've hired him for. He'll be taking a chunk of whatever settlement or judgment you get, so let him earn it.

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        • #5
          Thanks guys, will do!
          -------------------------------
          You can't fix stupid, but you can arrest it. - LINY

          "Their house, their rules. And when they get robbed, they can call 911 and ask them to send a hippie to protect them." - ateamer

          Comment

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