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