Back on July 23rd of this year I was rear ended while parked, totaling my Cherokee from behind. The police arrived at the scene and proclaimed they were friends of the driver and knew it to be a diabetic seizure and he was covered. During this time the police took two witness reports which never made it to the police station or into the reports, they also waived off the manditory state police response. Several witnesses commented that he looked induced and not from health issues. When the emt arrived she told the police it was not a seizure by any means, but would call it a diabetic episode. No one can give me a clear diagnosis of his conditions. Meanwhile myu back is shot with degenerating disc disease and extensive nerve damage. I am still waiting for my nuerology appointment to go over my mri from the VA. My main question is do I have any leg to stand on for a lawsuit against the police and or the town? thank you all for reading........Ray
some help from the tribe..please!
Started by
Rayzeeday
, Nov 29 2012 02:02 PM
11 replies to this topic
#3
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- VibeGuide
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- 16,348 posts
VibeGuide
Posted 29 November 2012 - 02:40 PM
I am not a lawyer but I would think you have a case regardless of the reason you were rear ended. You were hit and whomever hit you should be liable.
Either way,
This, also do you have auto insurance, perhaps they will bring the fight?
#4
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- VibeTribe
- 1,509 posts
Posted 29 November 2012 - 05:58 PM
His insurance company covers all so far. I was just wondering if its legal to do what the cops di including denying my right for toxic exam on him seeing he and one of the cops are the best of friends. I don't care about retributions by cops, seeing my wife and I hate it up here near Bangor to begin with and are prepared to move anyway. My lawyer says the cops clean up well including three or more typo's on the police report which makes it inadmissable in court. I can understand an accident, i can understand illneess, but when I was told by a friend he is a methodone patient whose wife works at the hospital he went to why is he still allowed to drive? For the first time in my life I was wronged and by the police to boot even when I was the victim. I don't care about money, never have, the matter to me is the police lying to my face and my lawyer telling me therte is nothing I can do unless I want to relocate. I am a bit bitter seeing I cannot walk to well and I have had to stop playing live music due to my not being able to lift my equiptment (percusssionist). Besides both bands I worked with dropped me within a month of the accident and all local musicians quit bothering as well as the few friends we had up here. I am just lonely and scared seeing it is MY back! Thank you! Ray
#5
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- VibeTribe
- 10,422 posts
Posted 29 November 2012 - 07:29 PM
It's mandatory for the state police to respond to every accident even if there's already local police on the scene?
Sounds like both the police and the EMT believe it was related to some type of diabetic reaction. Is there any evidence to suggest otherwise? Did you request that they test the driver at the time of the accident?
What sort of diagnosis are you looking for? It seems their diagnosis was the "diabetic episode"
I doubt what the witnesses "thought" would carry any weight unless they were somehow qualified to make a judgement without treating the victim. However if there's enough of them there that stated they believed he was drunk, smelled of alcohol or was acting in some sort of way that made it clear he was "on" something illegal you might have a reason to question why no test was administered.
I don't know for sure but I doubt you have any right to demand that a blood test be given.
How exactly were you "wronged by the police"
What do they say can be done if you relocate that can't be done if you stay? That doesn't make sense at all.
Sounds like both the police and the EMT believe it was related to some type of diabetic reaction. Is there any evidence to suggest otherwise? Did you request that they test the driver at the time of the accident?
What sort of diagnosis are you looking for? It seems their diagnosis was the "diabetic episode"
I doubt what the witnesses "thought" would carry any weight unless they were somehow qualified to make a judgement without treating the victim. However if there's enough of them there that stated they believed he was drunk, smelled of alcohol or was acting in some sort of way that made it clear he was "on" something illegal you might have a reason to question why no test was administered.
I don't know for sure but I doubt you have any right to demand that a blood test be given.
How exactly were you "wronged by the police"
What do they say can be done if you relocate that can't be done if you stay? That doesn't make sense at all.
#7
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- VibeTribe
- 1,509 posts
Posted 30 November 2012 - 01:13 AM
The reason I am questioning the police "actions" is simple. There were at least twelve witnesses all of which offereed statements but none made it into the report. All of the employees of the establishment I was at told me they were all diabbetics, two of which have suffered seizures and been incapacitated said that he was not in a seizure and he was a known substance abuser. When I called the state police I was informed it was mandatory for state police to respond to all car accidents in Maine unless waived off by the local police. The police also stating that they knew him, that his wife was a nurse, and they knew it was a diabetic seizure. All this before the EMT's arrived. But yet the EMT's told the police they could not call it a seizure, but would name it an episode so the3y could transport him. My wife heard this transpire not me. Wronged by the police? Sure if they denied witness statements or a tox screen to protect a friend. If this guy is known for his health issues why is he still allowed to drive? This happened early in the afternoon on a main street with children walking on both sides of the street who could have been injured instead of me, yet the police seemed more concerned in protecting their friend while witnesses were murmering he was intoxicated and not in a seizure. I am not a doctor, nor do I claim to have any medical knowledge on diabetic seizures, I do have first hand knowledge on intoxication by drugs and or alchohol and he did not look in pain whatsoever and smiled a few times. Upon checking his license codes we found out he takes methodone as well as type 1 diabeties. All this and then my lawyer told me he would not investigate this but has a younger lawyer who will tackle it once the insurance settles. Money is not the issue here, haviing him removed from the road and his buddy cops exposed in covering a friend is................................................. Thank you folks! Ray
#9
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- VibeTribe
- 1,509 posts
Posted 30 November 2012 - 11:50 AM
thank you guys! I have been stuck in the house now for the last two weeks since it really flared up. In sept. my buddy from up here moved ttwo hours north dur to cheap houses in Millinocket, my other bud moved to west virginia following his families exodus from Maine over the last four years and the one couple we were close to have not called since Amy loaned them money. So that leaves me at home with three great pets and Amy. Even getting up to get a drink or go to the bathroom leaves me exhausted, with a year old puppy toting a squeeky ball for me to play like we did a few short months agao drives me batty not being able to take her in the yard to play. So all I have left to do is overthink the situation. Growing up in SE Mass. its kinda hard living in an area where deadheads are rare to find and even rarer to befriend due to local religious attitudes. The closest kind club is an hour away in Waterville. All this and Amy finally hving her dream job as a dental office manager for a great employer and living in a great house on a lake so the good outweighed the bad slightly until the accident left me like this and getting worse daily. I cannot wait tosee the neurologist on Feb. 12 for some kind of closure. The pain meds help but leave me one moody bastard so I try not to take them more than 3-4 days apart. Theaccident scene is hard to describe unless I showed you a video of what I saw and heard . Thank god Amy caught some of it so I don't think I am nuts, as well as two witnesses who shall remain unnamed until I decide whether or not to sue the police. Love and peace to all the vibe tribe! Ray
#10
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- VibeTribe
- 10,422 posts
Posted 04 December 2012 - 11:37 PM
If you know the witnesses who spoke to the cops you should talk to them and find out exactly what they told the cops. Also get a copy of any paperwork the EMTs, ambulance and the hospital filed. Without any of that it sounds like there's no solid evidence you can present and it's a case of you thinking he was on something or the cops covering for him but not having anything concrete to back up your claim.The reason I am questioning the police "actions" is simple. There were at least twelve witnesses all of which offereed statements but none made it into the report. All of the employees of the establishment I was at told me they were all diabbetics, two of which have suffered seizures and been incapacitated said that he was not in a seizure and he was a known substance abuser. When I called the state police I was informed it was mandatory for state police to respond to all car accidents in Maine unless waived off by the local police. The police also stating that they knew him, that his wife was a nurse, and they knew it was a diabetic seizure. All this before the EMT's arrived. But yet the EMT's told the police they could not call it a seizure, but would name it an episode so the3y could transport him. My wife heard this transpire not me. Wronged by the police? Sure if they denied witness statements or a tox screen to protect a friend. If this guy is known for his health issues why is he still allowed to drive? This happened early in the afternoon on a main street with children walking on both sides of the street who could have been injured instead of me, yet the police seemed more concerned in protecting their friend while witnesses were murmering he was intoxicated and not in a seizure. I am not a doctor, nor do I claim to have any medical knowledge on diabetic seizures, I do have first hand knowledge on intoxication by drugs and or alchohol and he did not look in pain whatsoever and smiled a few times. Upon checking his license codes we found out he takes methodone as well as type 1 diabeties. All this and then my lawyer told me he would not investigate this but has a younger lawyer who will tackle it once the insurance settles. Money is not the issue here, haviing him removed from the road and his buddy cops exposed in covering a friend is................................................. Thank you folks! Ray
The part about not being able to do anything unless you relocate seems more than a little strange coming from a lawyer.
