traffic accident question

[FireCop86]

so this happened about two years ago but did not know of this site until a couple of months ago and i want to know what you guys would have done.

about two years ago my husband was rear ended on the free way on ramp. he called me and my in-laws and we went down to were he was at to see the damage. on the way there he calls me again and says he just got hit by a car. what had happened is my husband was rear ended by a honda civic while my husband was driving his lifted ford F150. there was little damage to my husbands truck but fair amount of damage to the car. it just so happens that a CHP officer saw the accident and pulled over to help out. no one was hurt so the officer was taking down the information and running everyones DL. as the officer was walking back to my husband to give him his license back a chevy s-10 wasn't paying attention and almost hit the police car, swerved to the right almost hit the cop, and ended up going up the embankment. she came back down right at my husband and hit him. he was able to mostly jump out of the way but his leg ended up getting hit and broken in a couple of different places. my husband was lying on the hood when she decided she was going to back up. the officer yelled and pulled out his gun and told her to stop. another CHP officer had to be called out to take this report because they considered the first CHP officer to be part of the incident. by the time i got there the lady that hit my husband was on the side of the freeway laughing on her cell phone, the driver that originally rear ended my husband was in shock, the CHP officer was shaking (because he almost got nailed by a truck) and trying to cut my husbands pants off, and my husband was lying on the ground. we have a copy of the police report but it never said what happened to the lady, if anything. i was wondering what, if anything she could be cited for or if she could have been charged criminal being there was an injury and she was at fault. sorry so long but thought you should know the details.

btw this also happened at night and the CHP officer had his light bar on

this is also just for my own curiosity, we settled with the insurance agency a while ago.

[NORCOCOP]

Probalby cited for careless and imprudent, failure to yield to emergency vehicle and a slew of other traffic related vilations. I do beleive as long as there was not intent it is a civil matter beyond the cites though. So other than what you did she was probably looking at some citations. They are listed in supplemental form on our accdients in Missouri and not in the accident narrative given to the insurance or public, here anyway.

[FireCop86]

ok thank you. if she would have hit the cop would that have changed anything?

[NORCOCOP]

Nope like I said with out intent no crime occured in the assault statues. She eould still be cited and hit with a fat lawsuit. We had a guy get ran over while clearing something from the roadway, we beleive. He was struck and broke both arms and legs and suffered serious head injuries. He lost moths of memory so all we have is her statements to go off of for what he was doing. He is back to work after some serious surgery, lots of steel rods and a HUGE settelement. After the workers comp one alone he pulled up in a paid in full new Corvette. That was just the tip 'o' the iceberg. No charges filed and the investigation was done by both us and the Highway Patrol and neither thought criminal charges were merited.

[e-man]

What did your insurance company say happened?
They would handle just about any issue that may arise out of this crash.
Unfortunately thats all it is is a crash.
No way to prove any criminal intent to injure the officer or hubby.
Negligent maybe, sure but still a ticket.

[nonickname69]

There would be some citations for her lousy driving and I would think she could lose her license at the most.

But your biggest hammer is going to be using a lawyer for a civil suit.

[FireCop86]

thanks for the replies guys. insurance said it was her fault but didn't say if she was cited or charged with anything. we did get a lawyer but being that she was 24, a student, unemployed, living with mommy and daddy and driving their car on their insurance we got screwed. i am not much for suing people but what got me is that she was talking and laughing on the side of the road when i got their while my husband was lying on the shoulder of the freeway. apparently she didn't realize that she could of killed someone, or maybe she just didn't care. we settled with their insurance company and got 30,000 because by the time we would have gone to court and this and that we probably would of ended up with less then 30,000.