accident with pedestrian

[josik1982]

recently i was involved in a traffic accident with a pedestrian. the situation is this:

i pulled up to the curb to pick up my mother (i was passed the crosswalk) i waited for traffic to clear before pulling into the street again to continue on my route. as i pulled out and began driving (i got about half way down the block). a pedestrian ran out into the street and my car and pedestrian collided. the pedestrian ran into the driver side mirror, so i could not see him till the last second when i saw something out of the corner of my eye hit my driver side mirror/door. this is a two lane road and i did not pull into the road till i could see traffic was clear. i immediately stopped and had the police and ambulance come by. i left the car in the position of the accident clearly showing my driver side mirror was in a semi closed position. when the officer took my statement he never bothered to look at my vehicle or the position it was in. i also had a witness (independent party) say that the pedestrian ran into my car.

i picked up the police report today and it was a very short report only stating that me and the witness say the pedestrian ran into my car causing the accident and the pedestrian saying vice versa. the report does not clarify where the pedestrian and me collided, and shows as if i hit him head on, even though the pedestrian was behind my vehicle at the time of arrival of the police. and the report indicates that i had no passengers when my mother was at the scene with me.

i feel very bad that this accident occurred and feel for the pedestrian (thankfully it was minor injuries from what i understood and nothing life threatening). but if any help can be given as to what i can do to have the report clarified or if during a situation like this the police camera is on and recording and how i can obtain a copy to help my case.

thank you in advance, and the incident happened in NYC

[Hockey9019]

A few things...

Not every police car is equipped with a camera

Police does not (at least here in Michigan) do a thourough accident investigation unless critical injuries, death, major damage to property (sometimes) and if there is a chance of a major civil lawsuit. Every agency is different though.

If you have a problem with a the police report (PR), contact the reporting agency. Explain to them your concerns with the PR.


Even though you were not in any criminal trouble, the person may take you to court and sue you through civil court. I would recommend you to contact an attorney and at least talk to them.


A NYC Officer should be able to help you out more in depth though.

Good luck

Edit-I just realized you said you already picked the report up. Anyway...carry on

[josik1982]

thank you for the insight

"and to update i already picked up the police report" edited out after your correction

I am worried since the report is very very brief and has some misinformation on it.

[Hockey9019]

thank you for the insight

"and to update i already picked up the police report" edited out after your correction

I am worried since the report is very very brief and has some misinformation on it.

Yeah. Nobody including any LEO's could help you out here with that issue I believe, because no one was there except you, witnesses and the officer(s) involved.

Not sure how NYPD works, but I would go up to the precinct where that incident happened, ask to speak to a supervisor, and discuss your concerns there. I think that would be the best thing since they will be the only ones who will be able to take care of anything that may be a mistake

Only thing in addition to say is if you already haven't, and its still possible, to make sure you have all the witnesses names and contact information. Just in case in the future, IF the "victim" decides to go after you in civil court.

[Creeker]

The reason your report is so brief may be that when the Cop got on scene, he had very little or no physical evidence to confirm or deny either story. The fact that your mirror was pushed in could have been done after the fact. Odds are there was very little evidence on the pavement, depending on several factors.

I'm not saying you have fabricated anything, but Cops can't make snap judgements about who is lying or who isn't based on who has more people saying it.

There are whole "rings" of scammers who screw the insurance industry (and you & I) when they stage these types of "accidents" among willing participants.

Cops are hired to enforce Criminal Law and to bring suspects before the bar of justice. They are not an enforcement arm of civil court, as such as prosecuting civil cases between private entities, which a vehicle accident largely is, outside of criminal charges ie, jay walking.

[rozerjack]

Start by contacting his insurance company. It is premature to sue since you have not made a good faith effort to collect.

You should be able to get reimbursed for your medical bills, lost wages and pain and suffering.

If they will not pay you or they offer an amount you feel is too little, discuss the issue with a lawyer.

[Samuel]

Start by contacting his insurance company. It is premature to sue since you have not made a good faith effort to collect.

You should be able to get reimbursed for your medical bills, lost wages and pain and suffering.

If they will not pay you or they offer an amount you feel is too little, discuss the issue with a lawyer.

umm I think he/she/it might have been able to use your advice almost six months ago...

[JC2010]

Due to the very somber nature of criminal defense law and because few people qualify for a court appointed attorney at public expense, it's probably in your best interest to hire a criminal defense lawyer. I say this because I did not and the trouble that I had I don’t wish on any one. With that being said if I was to hit a pedestrian and they were not in the side walk how much trouble am I really in?

[Sgt. Slaughter]

Using your first post for necromancy of a thread that's over a year old?

Sheesh...

[GoDirectly2Jail]

Very old thread revival + first time poster = ban (or should, IMO.)

[Cat_Doc]

A PM noting acceptable forum protocol with corrective advice was sent to the newcomer. We'll try the education process first.