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questions foranybody with Traffic Investigation experience

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Posted over 1 year ago

 

 so i did some searching and havnt seen too much on this topic.


sunday june 16th, at 0130 i was struck by a 19 year hfa driving dui after she was struck broadside.   she ran a red light, became airborne, was ejected out the passenger window.  after 40 feet of flying through the air, she landed and slid 40 feet and slammed into my car.   the ti on scene estimated her speed between 65 and 80.   i saw everything before it occured and estimated her speed to be about 65 in a 50 zone.   my question is this.   she was transported via ambulance to a local hospital.   they requested blood draw, and collected it for forensic evidence.   my issue is she was not arrested.   i have done hours of investigation on my own and found that she may have skipped out of the hospital and fled to mexico, according to several social media posts from her family members.  i need to know if i can do anything to speed this up and get her back into custody.    she is uninsured, admitted she was dui on scene, and now attempting to dissappear.     


 


in other words, help.   she destroyed my first new car.  and a brand new 2013 at that.   thanks in advance.

1asteriskshield_ezr_max50

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 Short answer is no, unless it happened on federal property.....????


The reasoning: while what she did was wrong and illegal, charges do not need to be brought right away. There can be an open warrant for (insert the charge here) which can be served on her upon her arrival back in the jurisdiction of the state in which you reside. Since nobody died I will ASSume (I know, I know) that what you are speaking of would constitute a misdemeanor, and good luck with extradition from a foreign country with that. That is why WE have insurance on our vehicles, to insure us against stupid, negligent, foolish idiots who do stupid things. 


You can't cure stupid.

White_shirt_max50

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Rated +1 | Posted over 1 year ago

 

There is probably nothing you can do to speed up the process. File a claim with your insurance company. My best advice is do not become a pest to the investigating agency. If you attempt to speed them up, you will be met with resistance.

Untitledma28839986-0002_max50

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Bump uncledennis.

25-1-13-a_1__max50

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dieseltech says ...



 so i did some searching and havnt seen too much on this topic.


sunday june 16th, at 0130 i was struck by a 19 year hfa driving dui after she was struck broadside.   she ran a red light, became airborne, was ejected out the passenger window.  after 40 feet of flying through the air, she landed and slid 40 feet and slammed into my car.   the ti on scene estimated her speed between 65 and 80.   i saw everything before it occured and estimated her speed to be about 65 in a 50 zone.   my question is this.   she was transported via ambulance to a local hospital.   they requested blood draw, and collected it for forensic evidence.   my issue is she was not arrested.   i have done hours of investigation on my own and found that she may have skipped out of the hospital and fled to mexico, according to several social media posts from her family members.  i need to know if i can do anything to speed this up and get her back into custody.    she is uninsured, admitted she was dui on scene, and now attempting to dissappear.     


 


in other words, help.   she destroyed my first new car.  and a brand new 2013 at that.   thanks in advance.



I have questions of my own:


1)  Are you a police officer?  A police officer would not write like you write. (spelling, capital vs lower case letters, structure)


2)  Are you a police officer?  A police officer has spent BASIC time in the academy learning traffic accident investigation.  By the time he or she has become a traffic accident investigator, he or she has spent several hours of training in accident investigation and estimation of speed based on several parameters including the length of the skid marks left at the scene in addition to his or her experience on the job.


3)  Are you a police officer?  The investigator estimated the speed of the driver at approximately 65mph in a 50mph zone.  As stated above, there are several parameters the traffic investigator uses to get this estimation.


4)  Are you a police officer?  Where do you get your estimation of 65mph to 80mph?  Usually, a traffic accident investigator has several hours of experience in traffic enforcement including the use of RADAR or LIDAR.  The use of these items includes training in getting a visual estimation of speed before locking the vehicle on RADAR or LIDAR and obtaining a speed that confirms the visual estimation.  What training do you have (basic, advanced officer training, none)?


5)  Are you a police officer?  You stated that the driver, suspected of driving while under the influence of alcohol transported by ambulance.  Was this because of possible injuries from having been ejected?


6)  Are you a police officer?  You state that at the hospital, they requested a blood draw.  Do you know what the results were?  If you are NOT the investigating police officer assigned to the case, they won't tell you what the BAC (Blood Alcohol Content) was therefore you can not tell if the accident was caused by a alcohol impaired driver or a medical condition.  Keep in mind, you hearing her say she was drunk can be thrown out as hearsay and not admissible in court.


7)  Are you a police officer?  You ask why the driver was not arrested.  How many DUI investigations have you done?


8)  Are you a police officer?  An officer making a DUI arrest has done several things just to get them to that point.  The officer has:


a) Observed the driver to be driving for a period of time, crossing or straddling lane markers left and right, unable to maintain a constant speed, etc. (given the fact that the incident was not observed by an officer, these observations are off of the table)  What were your observations other than running the red light and watching her become airborne and striking your vehicle?


b) smelled the odor of an alcoholic beverage coming from the driver (maybe.... unless the officer was not able to make this observation prior to transportation to the hospital)  Did you smell such an odor and did you know that someone with diabetes may have a similar odor?


c) conducted a series of Field Sobriety Tests (FST's) - (because of the suspected injuries to the driver and transportation to the hospital for treatment of said injuries, NO and therefore off of the table)


d) given the driver a breathalyzer test (because of the suspected injuries and subsequent transportation to the hospital, NO and off of the table)


9)  Are you a police officer?  If you are, then you should know when and how you can make an arrest without violating their civil rights.  Based on the above, an arrest for DUI can not be made until the BAC results have returned.  The completed report, including all witness statements, the officer traffic accident investigation and the BAC results, is forwarded to the city or district attorney for filing and if approved, a warrant issued for said arrest.


10)  Are you a police officer?  My guess, since you state that your investigation of this incident included hours of looking at social media sites related to the driver and her family to find out that the driver may have fled to Mexico.......... is NO.


11)  Now that we have clearly established you are not a police officer, the law states that you must have liability insurance so that you are able to cover the costs of medical and damage done to property should you be found at fault in an accident.  Any additional coverage is up to you to obtain.  Obviously the driver did not have this which leaves you holding the bag.  Usually, the lender (assuming you financed the vehicle) requires you to have enough insurance on the vehicle to cover their loss should the vehicle get totalled, i.e. comprehensive, collision and the big one.... UN-INSURED MOTORIST coverage.  Hopefully you were properly covered as the law requires only liability coverage and not the others.


As answered by uncledennis1, contact your insurance carrier and file a claim.  Hopefully, your deductible is lower than the estimated damage to your vehicle as you may have to eat that cost.

1asteriskshield_ezr_max50

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Skoolcop, that was extremely articulate.......and very complicated. A simple NO would suffice here my friend 


You can't cure stupid.

Cool-santa1_max50

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dieseltech says ...



 *snipped*  she became airborne, was ejected out the passenger window.  after 40 feet of flying through the air, she landed and slid 40 feet and slammed into my car.  


in other words, help.   she destroyed my first new car.  and a brand new 2013 at that.   thanks in advance.



Am I reading this correctly? The female was ejected from the car via the passenger window; the body flew 40 feet in the air; landed on the ground; then the body slid another 40 feet; hit and destroyed your car? What kind of car do you have that would be destroyed by a low impact human body? (low in both senses: low speed and low to the ground)


Here's another thought: You have/had a 2013 car. Unless you paid cash for it, I would assume you got a loan to purchase said car. As part of an agreement in acquiring that loan (in most states) you would be required to have Full Coverage Auto Insurance. Again, depending on the car, that could cost a pretty good chunk of change. That being said, contact your insurance company and have them do the job you pay them to do. Repair/replace your car, even if you are required to pay the deductible.


Don't worry about the other driver. That's what the Judicial System is for.


No need to stress out over something you cannot control. If your insurance is paying you for your part in the collission (auto repair/replace & any medical), they will follow up with hunting her down to get their money back.


In GOD We Trust (All others get searched, then checked through NCIC)

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Rate This | Posted over 1 year ago

 

While I did accident investigation for three years,in my city ,I was directed to either personal injury collisions and/or fatalities.I can't say I ever heard of forensic blood draw but "Stat blood draw" and "Legal blood draw".Generally individuals are Not booked for this if they have suffered injuries severe enough to be hospitalized.The officer can do a form of booking without being taken to detention.One is generally taken to the jail area,simply for further tests and given citatioins for said offence or offences,unless  said individual has an active warrent on file or a felony is someway involved the party is simply cited and given a bond or a Signature bond and released

Csi_squirrle_max600_1__max50

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Rate This | Posted over 1 year ago

 

 I am not sure what the OP is looking for so I will share my story.  My wife was 300 miles from home and was rear-ended.  A state trooper came by and did his investigation.  The other driver was at fault and presented the trooper with proof of insurance.  Turns out the other driver had allowed the insurance to laps and was uninsured at the time of the crash.  My insurance paid.  In my state we are required to carry uninsured coverage.  Her vehicle was fixed like new.  She sent a letter to the trooper telling him that the other driver was uninsured.  Did he ever charge her?  I don't know.  I don't really care.  I said all of this to ask the OP.  What exactly is your point??  

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Rate This | Posted over 1 year ago

 

 thanks for the replies.


the reason for the spelling issues, is i am on my cell phone, and it will not allow me to fix spelling errors or capitalize letters without doing funky stuff.


nobody ever said i was a leo.


i work for a sheriffs dept as a volunteer, in the coroner division


no need to be rude, i was simply asking because i have never had to deal with this type of thing.   the driver was uninsured, yes i have full coverage, yes i have uninsured and under insured motorist coverage, yes charges have been filed against the driver, no she has not been arrested yet, she has not shown up at her home since being released from the hospital


and sorry for the jumbled information.   she was ejected from the car upon impact.   the car then became airborne and landed 40 feet in front of me, then impacting my car.   my car has a bent frame, cracked transmission, engine block dropped out of the front subframe due to breakaway mounts, firewall pushed in 3 inches, a pillar pushed in 4 inches.  


as fae as the dui part, she was 19 years old, half empty container in the car, and the first words out of her mouth were "i shouldnt have drank and drive"

25-1-13-a_1__max50

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ajsdaddyBPD says ...



Skoolcop, that was extremely articulate.......and very complicated. A simple NO would suffice here my friend 



Maybe so....... but it appeared the o/p was looking to tell someone that he knew the laws, procedures and how to do the investigation better than the officer who was on scene and did the investigation.  Complicated?  I went straight from the o/p account of the incident, explaining how things really work as opposed to CSI (name your city). 

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SkoolCop says ...



ajsdaddyBPD says ...



Skoolcop, that was extremely articulate.......and very complicated. A simple NO would suffice here my friend 



Maybe so....... but it appeared the o/p was looking to tell someone that he knew the laws, procedures and how to do the investigation better than the officer who was on scene and did the investigation.  Complicated?  I went straight from the o/p account of the incident, explaining how things really work as opposed to CSI (name your city). 


Complicated lol. More than 3 syllables is complicated to me!


 



You can't cure stupid.

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Rate This | Posted over 1 year ago

 

ajsdaddyBPD says ...



SkoolCop says ...



ajsdaddyBPD says ...



Skoolcop, that was extremely articulate.......and very complicated. A simple NO would suffice here my friend 



Maybe so....... but it appeared the o/p was looking to tell someone that he knew the laws, procedures and how to do the investigation better than the officer who was on scene and did the investigation.  Complicated?  I went straight from the o/p account of the incident, explaining how things really work as opposed to CSI (name your city). 


Complicated lol. More than 3 syllables is complicated to me!


 



LOL..... I got you bro...... wait.... that's 4.  Oh well.

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Rate This | Posted over 1 year ago

 

No, there's not much you can do. In fact, running away and leaving the country is business as usual.


Your 'no fault' insurance should take care of it.


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Gods_team_max50

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Rate This | Posted over 1 year ago

 

 Skoolcop,


Remind me never to cross your path lol!!!


 


For the OP, have fun dealing with the insurance company.


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IowaNinersFan says ...



 Skoolcop,


Remind me never to cross your path lol!!!


 


For the OP, have fun dealing with the insurance company.



Hey..... I'm a nice guy..... really I am.

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Rate This | Posted over 1 year ago

 

I'll bump that ,SkoolCop is a good guy,All of you are...Dave