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Help understand a police report....

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  • Plumley
    replied
    I know and agree that technically it is up to the insurance to decide fault. However our department has steered away from that because of liability reason. Yes situation dictactes and there are those rare no-fault accidents. But we have been brefied that, ESPECIALLY with injuries, cite whoever committed the violation and if you have conflicting testimony with no witnesses then cite both parties and have them figure it out in court. I think states like North Carolina which I enforce in and Illinois where I used to live are different. If you are cited for an accident then the states see you at fault. If you plead not guilty then traffic court allows you to call witnesses etc. and will reach a verdict.

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  • grumpyirishman
    replied
    Originally posted by Iowa #1603 View Post
    I have a few of those

    Don't we all....

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  • Iowa #1603
    replied
    Originally posted by reils49 View Post
    Its like when you wreck on duty: "you wrecked a car, heres a letter and day"
    I have a few of those

    Leave a comment:


  • reils49
    replied
    Originally posted by grumpyirishman View Post
    As a matter of practice, if these drivers had a crash that forced me to investigate and write a report; SOMEONE was getting a ticket....
    Its like when you wreck on duty: "you wrecked a car, heres a letter and day"

    Leave a comment:


  • SgtCHP
    replied
    In CA V#2 would be at fault for a failure to pass safely.

    Drivers do not have control of stop and go traffic. V#1 changed lanes and had to stop prematurely, the driver of V#2 should have either: 1/ STOPPED; or, 2/ made certain that s/he had sufficient space to pass. If not, the driver of V#1 cannot be blamed for the actions of V#2.

    The following driver - #2 - has the responsibility to assure that all movement made by him/her are made in a safe and lawful manner.

    Leave a comment:


  • grumpyirishman
    replied
    LPSS...Ah "grasshopper"...

    I truly loved being preached to by the young'uns....

    As a matter of practice, if these drivers had a crash that forced me to investigate and write a report; SOMEONE was getting a ticket....


    But its great that all that was up to my discretion.....


    AGAIN...I look for violations; CIVIL LIABILITY is entirely up to the insurance company !~!
    I could care less if it made the insurance company's process more difficult or easier; I don't work for them.
    Last edited by grumpyirishman; 05-09-2011, 11:36 AM.

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  • LPSS
    replied
    Originally posted by grumpyirishman View Post
    I really enjoy it when you do not write a summons and the insurance company has to do its' job and determine liability.
    If your investigation reveals that a traffic infraction occurred, you should write a ticket/summons. Probably most of the insurance companies use a ticket as a means of determining fault. Their reasoning is that if the officer did not write a ticket, then the officer's investigation must have revealed that no traffic violations occurred and therefore Unit #1 was not at fault. This is their justification for not paying out to Unit #2's insurance company. Driver of Unit #2 is now screwed.

    Obviously if you don't see any obvious traffic violations then you can't write a ticket. Maybe that's what you were referring to. However, I can only think of one collision where I didn't write a ticket and that's because the facts were so disputed. There have been many where I have cited both drivers for obvious traffic violations and then at that point your original point stands--it will be up to the insurance companies to determine which violations most contributed to the collision.
    Last edited by LPSS; 05-09-2011, 10:37 AM.

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  • mdrdep
    replied
    No you can't stop a vehicle anywhere you want, however since it is now a stationary object it is the responsibility of the driver moving a vehicle to do so with due regard for all objects in and around the roadway. The insurance company would however take it as a point in mitigation.

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  • WHC166
    replied
    Also in some states (the two I have worked in) officers DO assign fault for traffic collisions.

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  • sigcopper
    replied
    Mdrdep....how do you figure unit 2 had nothing to do with this crash. You cant stop a vehicle any ol place.

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  • grumpyirishman
    replied
    We don't care about civil liability for damages...That's not our job; that's the insurance company's job!!!

    We don't place who is at fault; we report the facts based on our investigation of the accident and we write for traffic code violations; or not!!

    I really enjoy it when you do not write a summons and the insurance company has to do its' job and determine liability.

    Leave a comment:


  • HotSoup
    replied
    Veh one would get the ticket for failing to control his speed to avoid an accident

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  • mdrdep
    replied
    Unit 2 had stopped. Unit 1 the moving vehicle was at fault.

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  • oneoldcop
    replied
    Improper lane usage, and improper passing...both 50% each.

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  • sigcopper
    replied
    Well, unit 2 had improper lane use. Unit 1 could have been following too close and attempted to pass unit 2 to avoid it.

    Leave a comment:

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