No Justice...Any legal experts out there?

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posted on Nov, 19 2013 @ 02:08 PM
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Okay, this is my first rant on here, and I'm super-pissed, but I will do my best to lay all of this out in a cohesive fashion. Fair warning though, this is gonna be a long one.

In October of 2012, my son was riding his bicycle when he was hit by a car. He ended up with a 10% chance of survival, but he is strong and he survived and is doing extremely well now. That being said, this poor child has been through hell. He (we) lived in the hospital for months, then endured nearly a year of physical, occupation and speech rehabilitation and constant doctors appointments. He had to learn everything all over again: how to chew and swallow food, how to walk, how to talk, read, write, reason and he even had to be potty trained again (at the age of eight). But he slogged his way back to normal (whatever that is) and I am so proud of him.

But here's the thing: the lady who hit him is simply getting away with hurting him scott-free. She has not been out one dime, no traffic ticket, nothing. It took six months and several nasty letters from my attorney before the police department would produce a police report. And when they finally did send it to my attorney (and he forwarded a copy to me), it was filled with so many inaccuracies that I simply lost count of them. Hell, it listed my ex-husband (we divorced in 2005) as living at my address (he never has) and it said he was present at the scene and removed the remains of my son's bike. In reality, the ex-hubby was the last one to show up at the hospital - he was never at the scene of the accident and we have no idea exactly who picked up the millions of bicycle bits and removed them from the grass next to the street. But the ex had absolutely no contact with the police whatsoever. I don't even know how they got his name. He lives in a different town about ten miles away.

Then, the police cherry-picked the witness statements that they included in the report. The statements from the three people who were closest to the scene were not even mentioned. Those three people were the last people to see the lady before she ran over my kid, and all three of them have told me repeatedly and emphatically that she had one hand on the steering wheel and her phone in her other hand, which she was holding up to her face, looking at it. Instead, they used statements from people who could not have witnessed the event due to their location. One witness even said he didn't see the accident happen but he had seen the kids biking down the side of the street before she came zooming along. Why in the world would they include the statement of someone who admitted that he did not see what happened but exclude the statements of people who actually saw the accident happen as well as the events leading up to it???

The two boys who were with my son say he was as close to the curb as he could physically get, and the oldest boy (12 years old) was in front of my son and the other boy (11 years old) was right behind him, so they were going down the street single-file next to the curb. The street curves at that particular spot and I can only surmise that that is how she managed to hit the middle child in the line. What was left of his bicycle was all in the grass off of the street, which leads me to think the kids are telling the truth and they must have been as close to the curb as they could get.

What the other two boys (these are Mr. Dustbowl's children by his first marriage) have told us is that her eyes were on her phone, she hit Will (my son) and he flew into the air, smacked against her windshield, then hit the pavement, she ran over his leg and THEN she finally came to a stop. She jumped out of her car, phone in hand, and started screaming for someone to call an ambulance. She never went near his body, not even to check for a pulse. The 12 year old called 911 and stayed with Will while the 11 year old ran up the street to tell us what had happened and get us. Instead of calling 911, she called her boyfriend. He arrived, then the police showed up about 2 minutes before we got there. The oldest boy says that when her boyfriend arrived, she handed her cell phone off to him. Shortly after we arrived, we were giving all of our info to the cops and then one of the other officers asked her to go back toward where the ambulance had parked so they could take a blood sample from her for toxicology testing. That's when she started pulling her hair and screaming "But I didn't do anything wrong!" She screamed that out at least four or five times until they finally dragged her back there to get the sample. I should probably also note here that her grandfather was a policeman in this town for several decades, although he passed away 2 years before this accident.

So I read and re-read that stupid police report at least a hundred times and stewed on it. Finally, I decided to make an appointment to speak with the District Attorney to see where we stand and to discuss the piece of fiction that the police were calling a police report. I sat and talked to that man for an hour and a half. Interestingly, he said that she admitted at the scene to taking valium earlier (before driving) and she produced a prescription to cover it. However, her toxicology test came back completely clean. Even the DA found it strange that although she stated she had taken valium, it didn't show up in her blood test. I also asked him about the other witness statements that were excluded from the police report. He was totally unaware of any other statements, but said he would obtain them and look into it. He told me he would be back in touch within two weeks. That was back in June and I've never heard back from him. Of course, when the Australian jogger was shot, he was all over that situation like a duck on a junebug. But I digress...

But bottom line, he told me that since my son was riding against traffic instead of with traffic, the accident was ultimately his fault. The other two boys were walking, so I guess it would have been safer for the 8 year old to be on one side of the street on his bike while the other two walked on the opposite side? He said she couldn't see him because the sun was in her eyes. I did point out to him that I saw her at the scene and she had on sunglasses and I'm pretty sure most cars come equipped with sun visors...lol. I enquired about obtaining her phone records to see if they back up the witnesses who said she was looking at her phone rather than watching the road and he said he doesn't have the authority/ability to do that.

So she was admittedly driving while doped up on valium (and had 2 kids in the back seat of her car, btw), playing on her phone and not watching the road, couldn't even be bothered to call an ambulance for the child she ran over, but it wasn't her fault because my kid was riding his bike on the wrong side of the street and the sun was in her eyes?

Now for the sticker shock. My child racked up nearly half a million dollars in medical bills - and that is still ongoing with doctor visits and medications. Her auto insurance paid out the maximum benefit of fifty thousand dollars and my auto policy paid out twenty-five thousand because I have underinsured motorist coverage. So... $75,000 available to pay $500,000 in medical bills and the attorney has to be paid out of that as well. She quit her job as a pharmacy technician (or was fired - I don't know) within 72 hours of the accident.
edit on 19-11-2013 by DustbowlDebutante because: thread title addition




posted on Nov, 19 2013 @ 02:17 PM
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reply to post by DustbowlDebutante
 


You may find this article interesting. By sheer coincidence it appeared today:-

www.bbc.co.uk...



posted on Nov, 19 2013 @ 02:30 PM
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So, she has no assets to seize, no income to garnish, and her boyfriend supports her and she now has the luxury of staying home with her child. Meanwhile, I've managed to barely hold on to my job by the skin of my teeth due to all of the time off work so I could be with my son through all of this. Our entire family has been diagnosed with PTSD - the other two kids who actually saw the accident still are having major problems, nightmares every night, etc...and we are all in therapy and on anti-depressants now. At the same time, my attorney says if the DA won't prosecute, then there is nothing more I can do and we just have to be happy with the insurance pay-out. Never mind I have bill collectors for the hospitals and such calling me all the time, and since my son's health insurance (which he gets through my job) paid for everything, they are filing a subrogation claim against that $75,000....so I guess the attorney, the medical providers and the health insurance company will get to fight each other for that money.

She has never reached out to my son or our family. Not a card, a phone call or anything. We have come face-to-face with her since the accident and she acted like she had no idea who my son was (he was still in a neck brace and a wheelchair, ffs) and ran away like an immature coward.

The DA said the most he could do is maybe give her a ticket, but he didn't really think it was worth his time, and that there was no crime that he could charge her with. When I complained about this to my attorney he said that I should just drop the matter and focus my efforts on my son. Well, my son is back and better than ever - that part of the nightmare is over.

But what about the legal aspect of this debacle? What's up with a clean drug test after she admitted to taking valium? Was it really HER blood that the police sent off? Or did an old friend of her (cop) grandfather help her out with that drug test? Was there a mix-up at the lab? Was the sample taken properly? How can anyone say that it is my son's fault that she ran over him? Why is she so special that I should just drop the matter? Should she not at the very least have to apologize to the child she put through hell as a result of her negligence?

I just don't understand how this can stand. I don't think I can let it stand.

But I don't know what else I can do at this point.



posted on Nov, 19 2013 @ 02:42 PM
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This is just sickening, i feel for you. Telecompanies do have a records of phone calls, whoever is investigating this should ask them of course this needs a legal permission and court order if her phone was in use at the time she hit your son, if phone(tele) company has not been briefed yet it tells that this case has not been investigated properly. You should demand that those who were closer the accident scene to be interviewed too..

This all sounds very fishy how this is investigated. Just keep on fighting and hopefully you get this solved out. Be strong and don´t give up !



posted on Nov, 19 2013 @ 02:43 PM
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reply to post by alldaylong
 


Thanks for that link. Interesting. I'm glad she got some punishment for hitting the guy, but there should definitely be a law to keep her from making any money from that "exclusive television deal" that she mentioned.

In the name of all that is good and holy, what kind of world is this if you can and are allowed to make money off of harming another human being????

She should be stood up in the town square and be shamed into obscurity. And that's just the nice version of what I think she deserves...



posted on Nov, 19 2013 @ 03:18 PM
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reply to post by dollukka
 


Just to clarify, all of the witnesses were interviewed. In fact, the older boys gave both written and video-taped statements. While all of these witness statements are in the official file, they are not included in the actual police report.

From what I understand, the buck stops with the District Attorney. He is the only person on the planet who has the authority to do anything to this young woman. It honestly feels to me that everyone has been covering this woman's butt on this deal. Or maybe my tin foil hat is on just a little too tight. But the police wouldn't do anything, not even produce an accident report for 6 months, and only then because they had an attorney sending them threatening letters. Then the DA won't do anything, not even give her a distracted driving ticket, or hell, even subpoena her phone records to verify what 3 different witnesses said about her looking at her phone instead of watching the road. As far as the DA goes, I can't even get the guy to call me back to discuss the witness statements and the shoddy police report.

And since our attorney has realized that he doesn't stand to make much, if any, money from this case, he can't be bothered to try to get her phone records either. A criminal conviction won't put any more money in his pocket and he knows it.

WHY is no one willing to get her phone records??? Why are her phone records sacred?

All I want is the truth to come to light and an apology, for my son's sake. He certainly deserves one!

As a side note, I have watched her facebook and pinterest ever since the accident and both kept right on rolling in the aftermath, as if nothing had happened. She went home that very evening and was pinning alcoholic mixed drink recipes on pinterest and posting professionally done fall portraits of her son on facebook. All this while I was sleeping on the floor in ICU next to my son's hospital bed so I could hold his hand while we slept, praying for him to live thru the night.

And I know it's been 20 years since I took my driver's ed course, but we were always told that pedestrians always have the right of way. Has something changed? It seems like in our case the only right my son had was to not be in her way.



posted on Nov, 19 2013 @ 03:35 PM
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She must be from a special family. Usually when those people are arrested, it doesn't appear in the paper or anywhere else, while everyone else gets smeared on the front page. This happens everywhere. I once saw an elderly man get hit by a car, that flew past me on the highway, going 10 miles over the speed limit. I ran as fast as I could to help the old man. He was messed up bad. He lost his leg right there. I was keeping him from bleeding out and making sure he was breathing. The man who hit him, came out of the car with his wife, videotaping everything. The only thing they kept saying was "my car! look at my car!!" I flew mad and took his camera and broke it. I told them that there was a human being lying there dying and all they could worry about was their precious little car???? I told'em to shut the F up.

When the cops arrived, they were telling them that "he came outta nowhere". B.S.. They were going so fast. They didn't even try to swerve and miss him. I told the cops about them speeding. Turns out that no charges were filed against them. They were some rich trash from New York. The old man ended up in a wheel chair after a year in the hospital. I couldn't believe how uncaring these people were. It's sickening. It depends on who you know and how much money you have. That seems to be what matters when something like this goes down.

Hope your kids doing well and I hope all involved can forget. I know it's hard. I still think about seeing that guy get hit. I was disturbed for a while about it.



posted on Nov, 19 2013 @ 03:36 PM
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I have been driving for over 35 years from motor bikes, cars and 40 tonne trucks and know all about what to look for and what not to do in a vehicle.
She was clearly at fault regardless if your son was heading the wrong way on the road, he was right beside the kerb or sidewalk I believe you call it.
First thing I thought and has been mentioned, is to get her phone records which would prove or disprove if she was on the phone before she called her boyfriend and she could be caught out with that right away.
If I was you, I would either go to the papers or find a sympathetic reporter for a TV station to look into your case.
You shouldn't have to be liable for all those bills, she should. And as you say, why was there no Valium in her system ?
This whole episode stinks to high heaven and I feel for you, I really do.
Hope that you can get this resolved one way or another and all the best from us across the pond....



posted on Nov, 19 2013 @ 03:55 PM
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reply to post by Fylgje
 


Bless your heart, I can't imagine having to see something like that. I'm thankful that I didn't see my son get hurt - the oldest of our boys has taken it the hardest as he had the best view. He feels like it is all his fault because he couldn't protect his little brother. If anyone even so much as mentions the accident he breaks into hysterics. It absolutely breaks my heart to see children hurt - physically or emotionally.

Maybe she is someone special... I guess I just have to hope that karma doesn't give a damn how special she is, eh?

And I forgot to mention that my son even had to change schools last month over this mess too. I mentioned she had 2 kids in the back seat of her car...one was her 1 year old son and the other was her cousin's kid. Well, on Back to School night this year, I saw the name of the student seated next to my son and thought the name looked familiar. I finally realized I knew the name from the police report. The school had sat my child right next to the little girl who was in the back of the car that hit him. How psychologically messed up and traumatizing is that for that little girl? I went to the principal and raised nine kinds of hell, but she was determined to make them sit together all day in school. I called the superintendent and eventually got satisfaction by way of them moving him to a different grade school.

You would think folks would have a little more compassion, but I guess unless it's your loved one/kid/parent/grandma, it doesn't really hit home in the same way.



posted on Nov, 19 2013 @ 04:01 PM
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reply to post by DustbowlDebutante
 


That DA is an idiot for not going after her criminally. However, you and your (or another) attorney can go after her in civil court. You could potentially take everything she has: house, car, etc., to help pay for your bills. And if you do it by jury, they can award you a sum that will have to be garnished out of her wages after the house/car, etc. is sold.

What I would do is talk to several injury attorneys and see what your options are in civil court. Most injury attorneys do not charge you anything unless they win.

And with all of the witnesses you have of her driving with her phone in her face, I don't see how you can't win.





edit on 19-11-2013 by _BoneZ_ because: (no reason given)



posted on Nov, 19 2013 @ 04:23 PM
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Depends on your state/county's structure, but it usually is passed off to an ADA in the DA's office. Above the DA is the SA and you need your atty to request and/or subpoena the info you need and approach either the Da him or herself.. or the SA to reassess the case for its suitability for prosecution. Did they determine her to be at fault? Ticket? Hearing? If so.. thats one down. That at least puts her in the appropriate "box" for the ada/da/sa to prosecute.. and a leg up for you in civil litigation. If you want this done just civil.. your atty suing her atty.. youre not going to be happy and youll wind up owing your atty too much in the long run without her being determined to be at fault. These jerks love to drag out cases and victimize the victim further so they drop the case. Some go the atty general of the state and appeal to them formally. I prefer to see protocol followed and it always makes for a more solid case.

I worked in the PAs office here for a while. Retired relatively recently... and worked in victim advocacy. Depending on your state, you can go right around your obviously lax DA if you know your prosecutorial hierarchy and who to approach... and HOW to approach them
Pressure on people who do not wish to do their job is sometimes called for. Media can be a powerful thing you know. I could tell you 2 cases I have personally seen here "reassessed" due to the public suddenly seeing whats up with certain elected officials.. like DA's.


Im sorry this has happened to you and your son/family. Truly. I personally HATE ( a word I dont use a lot) even the appearance of much less the true revictimizing of a victim. It happens all to often. You seem tenacious.. youre a mom.. dont let that part of you get discouraged. FIght. Even if you lose, you have fought for justice for your child.

As an aside.. with a civil suit.. your son is entitled to 3Xs medical bills for pain and suffering at the very least... and punitive damages can always be given to you through the ruling. Myself, I prefer criminal prosecution for morons..



posted on Nov, 19 2013 @ 04:31 PM
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scotsdavy1
I have been driving for over 35 years from motor bikes, cars and 40 tonne trucks and know all about what to look for and what not to do in a vehicle.
She was clearly at fault regardless if your son was heading the wrong way on the road, he was right beside the kerb or sidewalk I believe you call it.
First thing I thought and has been mentioned, is to get her phone records which would prove or disprove if she was on the phone before she called her boyfriend and she could be caught out with that right away.
If I was you, I would either go to the papers or find a sympathetic reporter for a TV station to look into your case.
You shouldn't have to be liable for all those bills, she should. And as you say, why was there no Valium in her system ?
This whole episode stinks to high heaven and I feel for you, I really do.
Hope that you can get this resolved one way or another and all the best from us across the pond....


I would love to go public with all of this, believe me. Even if it accomplished nothing else, I bet it would be mighty embarrassing for her to have her name splashed across the local news in connection with hurting a defenseless child. When the Australian jogger was shot (also happened in our town), this little town was absolutely crawling with media vans and mobile satellite truck thingies, and Mr. Dustbowl and I discussed trying to talk to the media about our situation. However, our attorney pointed out that going to the media and criticizing the police department and district attorney would be the legal equivalent of painting a giant target on our foreheads. The po-po would start harassing us for sure. And it probably doesn't help matters that Mr. Dustbowl's ex-wife is a sheriff's deputy too...lol.

The phone records, I believe, are the key to this case. If we could just get someone with the authority to obtain them. I swear, if they showed that she was in fact not on the phone, I would let it go. But until I see proof with my own eyes that 3 different people were mistaken about what they saw, I'm just not buying the whole "the sun was in my eyes" story. The sun gets in my eyes driving on a daily basis. Miraculously, I manage to avoid running over people.

It truly all hinges on the phone records that no one seems to have the nads to go after.

Well, and a drug test that was obviously faulty...



posted on Nov, 19 2013 @ 04:44 PM
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_BoneZ_
reply to post by DustbowlDebutante
 


That DA is an idiot for not going after her criminally. However, you and your (or another) attorney can go after her in civil court. You could potentially take everything she has: house, car, etc., to help pay for your bills. And if you do it by jury, they can award you a sum that will have to be garnished out of her wages after the house/car, etc. is sold.

What I would do is talk to several injury attorneys and see what your options are in civil court. Most injury attorneys do not charge you anything unless they win.

And with all of the witnesses you have of her driving with her phone in her face, I don't see how you can't win.





edit on 19-11-2013 by _BoneZ_ because: (no reason given)


I have sued her in civil court. But she either quit or was fired from her job almost immediately after the accident and she owns nothing. The car she hit my kid with was in her parents' name, as was the insurance. She lives with her baby daddy and he supports her. I have to drive by their house to take my son to school and she is always sitting on the front porch with her face glued to that damn phone. Her grandfather was a cop here for decades. I wonder if the DA knew him or was friends with him? Then it would make more sense regarding why everyone in law enforcement in this town seems to be protecting her.

Between her auto insurance and my underinsured motorist coverage, there is a total of $75,000 available to pay roughly $500,000 in medical bills and when I hired this attorney I signed a contract with him saying that he gets a third of whatever monies are collected, so he gets $25K and all the medical providers and bluecrossblueshield subrogation department will get to fight each other for the left over $50,000.

I think someone told her to quit her job so that she has no income to garnish. Either that, or the pharmacy she worked for gave her a surprise drug test when she went back to work and she failed it. We have heard around town that she sells a certain illegal substance that stays in your system for 30 days....



posted on Nov, 19 2013 @ 04:56 PM
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Its been my experience that attorneys in small towns protect the establishment unless its big money for them.

Find another attorney well outside the town/possibly county you live in.

Media...I agree with what others suggested. Of course when you rock the boat and go after a 'big fish' in town, you get harrassed ...until enough attention is paid that the locals in charge get put under the court of public opinion.

U2U sent

edit on 19-11-2013 by palmalBlue2 because: (no reason given)



posted on Nov, 19 2013 @ 05:25 PM
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reply to post by DustbowlDebutante
 


umm any traffic issue involving injury must be reported and the Respondent is culpable and must prove otherwise. This is the area of Tort Law and I am well up with this area of law, however, I am not sure of the laws in the US.

I will read it again and get back to you.



posted on Nov, 19 2013 @ 05:38 PM
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reply to post by DustbowlDebutante
 





However, our attorney pointed out that going to the media and criticizing the police department and district attorney would be the legal equivalent of painting a giant target on our foreheads. The po-po would start harassing us for sure.


Sounds to me like your attorney is working in his/her best interest and not yours.

If your attorney was truly chasing after this wholeheartedly, they would use the last resort of going public with this story in order to force the police department and district attorney's office (out of shame and embarrassment) to take the proper action rightfully (and legally) due to you and your son, if they're not doing so on their own recognance. It's their legal responsibility to do so on behalf of the public citizenry... it's what your tax dollars pay for... otherwise known as "due process".

And the assumption that the police will harass you is just that, an assumption.

Besides, being harassed by the police would be yet another public news story for them to have to deal with (hint hint).

And quite frankly, it doesn't matter how or where the restitution monies comes from, it only matters your getting awarded the restitution from the courts... it's up to this woman to figure out how she's going to pay it after the fact. The courts don't give a damn whether you're working or not. Otherwise, we'd all quit our jobs and use that as an excuse to get out of every monetary obligation thrown at us.

And if the vehicle she was driving (whether or not it was hers doesn't matter) doesn't have any liability coverage, then the vehicle owner would also be charged with not having any insurance and end up having to fork out the money from pocket.

Bottom line, somebody somehow someway, HAS to pay for the costs to you and your son.

Also important to note: No matter how the accident happened, it is ALWAYS the fault of the driver behind the wheel of the vehicle when it comes to specifically "vehicle vs pedestrian" type of accidents. ALWAYS (legally speaking)... Unless your road laws are different where you live, but here in Canada the driver is always 100% at fault, no matter the circumstance. That legal responsibility is automatically applied to every person the minute they get behind the wheel of a vehicle. That's why it's mandatory for every vehicle on the road to have some kind of liability insurance, no matter who's driving it.


You might want to consider getting a second (and third) opinion from other attorneys, and fire the one you have. This one isn't doing you any favours by the sounds of it.
edit on 19-11-2013 by CranialSponge because: (no reason given)



posted on Nov, 19 2013 @ 05:53 PM
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DustbowlDebutante

What the other two boys (these are Mr. Dustbowl's children by his first marriage) have told us is that her eyes were on her phone, she hit Will (my son) and he flew into the air, smacked against her windshield, then hit the pavement, she ran over his leg and THEN she finally came to a stop. She jumped out of her car, phone in hand, and started screaming for someone to call an ambulance. She never went near his body, not even to check for a pulse.


Negligent, issue though is age of witnesses.


Interestingly, he said that she admitted at the scene to taking valium earlier (before driving) and she produced a prescription to cover it. However, her toxicology test came back completely clean.


Negligent based on verbal admission.


But bottom line, he told me that since my son was riding against traffic instead of with traffic, the accident was ultimately his fault. [8 year old]


No, he is a minor and issue of 'with or against traffic' is moot point. Issue is that at any time, it maybe necessary to be with or against traffic, for eg, crossing the road to comply with change in direction.

I suggest that you get another Solicitor and get a second opinion.
Insurance companies will try to limit compensation so keep that in mind.



posted on Nov, 20 2013 @ 05:36 AM
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reply to post by Thurisaz
 


I was afraid that with the two boys being minors, it might render their statements inadmissable in court. However, the other witness was an adult who was walking in the park across from where my son was hit. He and his wife live right there in the same area too. He was the first adult on the scene ( the driver doesn't count since she can't act like an adult) and he took off his shirt and wrapped it around my kids head to try to slow the bleeding. His wife heard the commotion and ran out, making her the second adult on the scene. They have been incredibly kind to our family thru all of this and said they would testify in court or whatever we needed them to do. They both gave statements to the police, but those statements didn't make it into the police report either.



posted on Nov, 20 2013 @ 07:23 AM
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oh so the driver actually was trying to kill your son is that it?



posted on Nov, 20 2013 @ 08:42 AM
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I am an attorney. First off, let me say that I can't give you legal advice. That is a big no-no when you are already represented by an attorney. However, I can give you a little insight as a member of ATS. I feel bad for your situation and hope you are able to get things worked out. You did the right thing by pursuing a civil lawsuit, since that will likely be the only way you ever will be made whole. The whole thing about your attorney taking 1/3 of anything you recover is a fairly standard contingency fee for personal injury attorneys (which I am not one). So I don't think your attorney is trying to job you. In civil litigation, you may be able to recover amounts in excess of his actual medical bills, i.e. for pain and suffering, mental and emotional distress.

However, the reality is that this lady doesn't have a job and doesn't have an income. She may not even have any significant assets in her name. So if you do get a huge judgment, it really will be a worthless piece of paper unless she has anything of value in her name. Sure, you could get a garnishment on her wages, but she will likely avoid working to avoid having to pay you anything. And when she gets 65 or 66 and starts drawing Social Security retirement, you cannot put a lien on those funds. So unless this lady has anything of value in her name, I am afraid you are out of luck and can only hope that one day she comes to her senses.

Also, keep in mind that it might not be an open and shut case for you. I don't know what state the accident happened in or what state you filed suit in, but some states (very few) have laws that say if the victim in any way contributed to the accident (like your son did here by breaking a law and riding on the wrong side of the road- ignorance of the law is no excuse), the victim cannot recover anything.

I wish you the best of luck. At the very least, your attorney should be able to do some post-judgment discovery if you win your case where the lady must show up and testify under oath as to any assets she has. Just cross your fingers that she doesn't fraudulently transfer them out of her name in the time being, as she sounds like the kind of person that would do so.

You may also want to consider filing for bankruptcy if things don't work out to get some relief from the $500k in medical bills. I know bankruptcy has a bag stigma associated with it, but sometimes you simply have no choice.





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