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Issuing a citation for an accident

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  • Issuing a citation for an accident

    Today I had to pass a fatal accident along interstate 80 while traveling for work. It had happened in the west bound lanes, I was traveling east.

    From the state patrol crash reports website it involved two cars. Car 1 was traveling east bound, lost control and crossed the median hitting car 2 traveling west bound. The driver and passenger of car 1, according to the report, were both killed (whether they died at the scene or died later at a hospital it doesnt say). The occupants of car 2 were injured and transported for medical attention. It looks like the driver of car 1 is responsible for the accident my guess for failure to maintain control.

    My questions: Does the state patrol have to issue a citation to the driver of car 1 for insurance purposes? Or does the fact that the patrol’s investigation show that driver of car 1 was responsible enough proof for an insurance company to pay damages/medical expenses for the people in car 2?

    If a citation is issued, and the driver of that vehicle died, do the next of kin have to pay any fines associated with that citation?

    Thanks.

  • #2
    We aren't required to issue a citation, but can do so if we choose. The crash reporting system does have an a section for cites issued.

    The police don't technically assign fault for the crash. We just detail what happened and the insurance companies work out the fault of it. That's not to say that the crash report won't make it fairly obvious. I don't know about Iowa, but for our reports we have to assign a primary cause and then we can assign optional secondary causes. These can be driver caused, mechanical, or environmental factors.

    As for if the estate is responsible for the cost of the citation, I have no idea. I don't think citing a corpse comes up often, and if it did I doubt the state would pursue it. What are you going to do? Suspend their license?
    I miss you, Dave.
    http://www.odmp.org/officer/20669-of...david-s.-moore

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    • #3
      Originally posted by CruiserClass View Post
      As for if the estate is responsible for the cost of the citation, I have no idea. I don't think citing a corpse comes up often, and if it did I doubt the state would pursue it. What are you going to do? Suspend their license?
      Well I was thinking more along the lines of a lien against their (the deceased) for the amount of the citation.

      Thanks for your reply..
      Last edited by Jaguar57; 08-10-2007, 08:12 PM.

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      • #4
        Originally posted by Jaguar57 View Post
        Well I was thinking more along the lines of a lien against their (the deceased) for the amount of the citation.

        Thanks for your reply..
        I do not believe that any LEO's will issue citations to victims that are killed in car crashes, no matter how "at-fault" they are.
        I'm 10-8 like a shark in a sea of crime..

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        • #5
          You can't cite the dead! I've tried but they just won't sign. As for financial reimbursement to the family it will usually come through the deceased's estate, but that is a civil matter that does not pertain to us.
          Today's Quote:

          "The difference between stupidity and genius is that genius has its limits."
          Albert Einstein

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          • #6
            I've never known anyone to even consider citing the deceased. Besides, we do it for enforcement and education...neither of which will improve the deceased future driving habits.

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            • #7
              [/QUOTE]
              As for if the estate is responsible for the cost of the citation, I have no idea. I don't think citing a corpse comes up often, and if it did I doubt the state would pursue it. What are you going to do? Suspend their license?[/QUOTE]

              In MD the MVA suspends every deceased drivers lisence. LOL.
              John 3:16

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              • #8
                In MD the MVA suspends every deceased drivers lisence. LOL.[/QUOTE]

                Do you remember the scam years ago where people would get DL's in deceased peoples names? I think that is when this policy started.

                Comment


                • #9
                  The main problem with citing the dead is they never pay and the warrant for their arrest stays on the books, well, forever.

                  Comment


                  • #10
                    Originally posted by Jaguar57 View Post
                    If a citation is issued, and the driver of that vehicle died, do the next of kin have to pay any fines associated with that citation?
                    In the eyes of the law, dying eliminates your culpability for a crime. If you are wounded in an accident for which you were at fault, you could be issued a citation. If you die before it is taken care of, the citation is dropped. As far as insurance claims go, in the case where the at-fault party dies in a traffic accident, the insurance companies would receive copies of the police report and settle it in their own manner.
                    "Screw that. We can make bullets faster than they can make terrorists. Kill them all. Every last one." -Interceptor

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                    • #11
                      Yep, it's pretty much a dead issue, pun intended.

                      Comment


                      • #12
                        let's put this to rest and bury this topic.

                        Comment


                        • #13


                          This is such a grave subject.


                          The comments above reflect my personal opinion as a private citizen, ordinary motorist and all-around good guy.

                          The aforementioned advice should not be construed to represent any type of professional opinion, legal counsel or other type of instruction with regard to traffic laws, judicial proceedings or official agency policy.

                          ------------------------------------------------

                          "Ignorance on fire is hotter than knowledge on ice."

                          Comment


                          • #14
                            I'm literally sitting here shaking my head. Cite the dead?
                            sigpic

                            I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

                            Comment


                            • #15
                              Sir, I understand you have reservation's at the morgue tonight but if you don't sign my citation I'm going to have to take you to jail.

                              I know when they don't pay the citation we'll just refer it to a collection agency.

                              A lady died in January, and Citibank billed her account in February and again in March for their annual service fee on her credit card, and then added late fees and interest on the monthly charge. The balance, which had previously been $0.00, was now somewhere around $60.00. A family member placed a call to Citibank.
                              Here is the exchange:

                              Family Member: "I am calling to tell you she died in January."

                              Citibank: "The account was never closed and the late fees and charges still apply."

                              Family Member: "Maybe you should turn it over to collections."

                              Citibank: "Since it is two months past due, it already has been."

                              Family Member: “So, what will they do when they find out she is dead?"

                              Citibank: "Either report her account to frauds division or report her to the credit bureau, maybe both!"

                              Family Member: "Do you think God will be mad at her?" (I really liked this part!!!!)

                              Citibank: "Excuse me?"

                              Family Member: "Did you just get what I was telling you - the part about her being dead?" Citibank: "Sir, you'll have to speak to my supervisor." (Duh!)

                              (Supervisor gets on the phone.)
                              Family Member: "I'm calling to tell you, she died in January."

                              Citibank: "The account was never closed and late fees and charges still apply." (This must be a phrase taught by the bank!)

                              Family Member: "You mean you want to collect from her estate?"

                              Citibank: (Stammering) "Are you her lawyer?"

                              Family Member: "No, I'm her great nephew."
                              (Lawyer info given)

                              Citibank: "Could you fax us a certificate of death?"

                              Family Member: "Sure." (Fax info given.)
                              (After receiving the fax.)

                              Citibank: "Our system just isn't setup for death. I don't know what more I can do to help."

                              Family Member: "Well, if you figure it out, great! If not, you could just keep billing her. I don't think she will care."

                              Citibank: "Well, the late fees and charges do still apply." (What is wrong with these people?!?)

                              Family Member: "Would you like her new billing address?"

                              Citibank: "That might help."

                              Family Member: "Odessa Memorial Cemetery, Highway 129, Plot Number 69."

                              Citibank: "Sir, that's a cemetery!"

                              Family Member: "What do you do with dead people on your planet?
                              Today's Quote:

                              "The difference between stupidity and genius is that genius has its limits."
                              Albert Einstein

                              Comment

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