Morning y'all - I was involved in an auto-pedestrian accident last Thursday and need some advice with the crash report. I'm waiting to hear back from the officer who wrote it up, but in the mean time thought I'd get some advice from dear ol' t-dub.

Unfortunately, I was the pedestrian in the accident. I was on my way to work (literally walking across the street to the building) when a Toyota Tacoma struck me on my right side. I had the cross walk signal, was in the cross walk, and he had a green light. This is an important piece because the way this intersection works as the light is green but there is a sign with the traffic signal that says "left turn must yield on green." When the cross walk signal is NOT on, there is a left turn green arrow.

The cross walk goes over four lanes total (two going south, a brief unprotected median, then the two lanes going north). The white walking man in the signal lasts maybe 3-5 seconds, then a blinking hand comes up with a countdown starting at 20 seconds. Many times the drivers turning left will gun it out of the light to beat the line of pedestrians rather than waiting for everyone to cross. I remember I hit the cross walk button but don't remember walking over the first two lanes. The last thing I remember prior to the impact is looking up and seeing the hand with 17 seconds left, then looking to my right and seeing the grill of the truck only a few feet away. I instinctively look right because I have had so many close calls in that intersection from people not wanting to wait, AND I've been hit by a car before in the 2nd grade. I briefly lost consciousness then was rushed to the ER. The police officer that met me in the ER did not take much of a statement, and kept repeating that the driver said he had a green light. I explained how the light worked, and when I mentioned one of the last things I remembered prior to impact was seeing the hand (with 17 seconds left), she cut me off before I could finish how much time was left and said "you shouldn't have been in the crosswalk." I tried to explain I couldn't have stayed in the middle of it as there is an unprotected median and you're supposed to keep going, as those turning left onto that street should yield. At the time I remember thinking she didn't seem to take me seriously as she didn't write any of that down and then asked if I needed to call anyone. All of this was still while I was strapped to the stretcher in the ER, btw.

Anyway, I got the police report yesterday and am extremely upset. Not only did she list me as a possibly contributing factor, but in the narrative she never put my explanation of how the light works, she wrote there were no witnesses at all, and she repeated that the driver said he had a green light. In addition, she put I had "possible injury" even though I was actively bleeding while speaking to her, sustained a concussion, had a scalp hematoma, needed stitches, and was covered in road rash. The map also needs correcting in that she has the directions of where the driver turned completely wrong. Again though, the most upsetting thing is she put me as a contributing factor but never once used the code that the driver failed to yield to a pedestrian. As far as witnesses go, while in the ER she told me, "No one can tell me if you had the signal or if he had a green light, just that you got hit."

I have an eye witness who saw me get hit (happens to be a coworker) and who can also testify to the fact that he didn't yield on the green light when I had the signal. She didn't speak to this officer because she ran to get help, but she is willing to be a witness for me. I also have video showing how the light works, a picture of the sign indicating those turning left on green should yield, a picture of the crosswalk, and a video showing the green arrow when the signal for the cross walk isn't on.

I know that was a lot of words and it may seem like I'm making a big deal out of nothing, but the fact of the matter is this driver didn't yield and I'm the one with the injuries, not him. The way this police report is written, I'm seriously worried it's going to fuck me over when it comes to getting reimbursed for my medical expenses because unfortunately insurance companies use these to determine fault. I also doing understand why I'M the one listed as not having any charges against them yet there's no mention of the driver not having charges or anything. She makes it seem as if I walked out into the road. He even said to her I "came out of nowhere," yet there is absolutely no coverage in that area and is completely open.

I'm trying to stay calm but it's very disappointing to have to go through this considering I was doing everything right - not only that, but I was already paranoid because like I said, I have already been hit by a car! *sigh*

Any advice is appreciated. I took notes of the codes that I believe to be wrong, so I'm hoping it helps. My coworker who witnessed the whole thing is also willing to go with me in person, once I'm cleared to travel. Thanks!

9/3/2015 11:14:22 AM

You should probably go ahead and retain counsel.

9/3/2015 11:44:44 AM

Get an attorney to help you with this

9/3/2015 11:46:25 AM

Yeah I forgot to mention I'm getting an attorney no matter what. Just got off the phone with one.


This sucks. It blows my mind that I'm having to do this much work when I did nothing wrong. And for the record, this is what the crosswalk looks like http://www.thewolfweb.com/photos/00533815.jpg (not sure why it rotated, but whatever)

9/3/2015 12:08:26 PM

9/3/2015 12:24:57 PM

Quote :

"she cut me off before I could finish how much time was left and said "you shouldn't have been in the crosswalk.""

what a bitch

9/3/2015 3:05:45 PM

You might also file a complaint with the officer's supervisor that they didnt listen to your concerns.

9/3/2015 4:07:10 PM

Sorry to hear that. Hope you feel better!

^My experience with filing a complaint against an officer is that usually it doesn't do a damn bit of good, and only opens you up to more harassment from LE's in general. Talk to your attorney before going that route.

9/3/2015 6:40:14 PM

The DMV-349 is mostly a statistical document. It is my understanding that the DOT uses most of the information on there to determine speed limits, road changes, etc more than anything else. There narrative, is short and sweet and not a detailed investigative report. It should basically sum up the boxes on the report. For example, Unit #1 ran a steady red light and struck Vehicle #2 on the driver side. As far as the injuries? There aren't many choices. They are like death, none, possible.

But, yes, they can file a supplement.

[Edited on September 3, 2015 at 8:08 PM. Reason : ...]

9/3/2015 7:58:48 PM

Sorry you got screwed by a careless driver and an officer that sounds apathetic. It is great that you remember so much detail despite being concussed. You're a tough mother#$@&*%. Best of luck in court!

9/3/2015 10:24:58 PM

^^ Unfortunately, some of the numbers used don't accurately reflect the situation, and some of the "factual"/objective info is also incorrect. For example, the diagram is facing the wrong direction and in the narrative she reports the truck turning west onto the street they were actually coming from, rather than turning north onto the street where I was hit. There's also multiple spelling errors and the narrative appears incomplete (it stops mid sentence). I tried leaving a voicemail but it sounds as if the only way I'll be able to speak with her is if I happen to catch her before she goes out into the field.

At this point, I'd rather her not correct anything than just fix some things because at least if nothing is corrected it will be glaringly obvious that it's a terrible report. I am thankful I have multiple eye witnesses, pictures and videos of how the light works, and pictures of all my injuries. The police at the hospital I was walking towards also took down eye witness names and numbers, so I am going to get those. I think there is also a camera on the light that would have been facing the truck as it turned.

^ Thanks. I didn't think about that, as far as remembering so much even though I was concussed. She never came back to speak to me when I was in the ER, or called. I was definitely in shock at the time I first spoke to her but I would guess it was less than 5 minutes total of us speaking directly to each other, and that includes her getting my name and address.


I got an attorney though and he seems really nice with lots of great reviews. Didn't take long for them to accept my case.. Hopefully now all goes smoothly. :\

Thanks for the input, everyone!

9/5/2015 10:47:21 AM

things like this don't make the state any money, so don't expect them to put forth a lot of effort. they have to hurry up and get this type of stuff done so they can get back to milking their cash cow.

just get a decent lawyer and you'll be fine.

9/5/2015 12:26:19 PM

If anything, the basic factual errors on the police report help your case.

9/12/2015 6:40:45 PM

I'm confused why the police report matters? (I understand that you don't believe it gives and accurate account of events)
Are you being charged for the Medical services? This honesly sounds like a case that will get settled Insurance Co. to Insurance Co. So, until you're sure you're getting billed I wouldn't do much of anything. Just my $.02

9/30/2015 1:36:46 PM

I've thought for a long time that giving those left turn drivers a green light while simultaneously giving the crosswalk symbol is absolute insanity.

10/2/2015 8:50:15 PM

Any updates?

11/1/2015 11:05:33 AM

Quote :

"I've thought for a long time that giving those left turn drivers a green light while simultaneously giving the crosswalk symbol is absolute insanity."

11/25/2015 4:33:09 PM

Haven't been on in a while, but long story short I got an attorney and it's clear his insurance is wanting this to go away ASAP. So far I know they're accepting 100% liability.

Other than that, my body got busted up pretty good. I was in a walking boot for a while and then my right leg had issues from overuse - go figure. I also had a recurrence of concussion symptoms after returning to work but am better now. The latest development is I likely have a tear in the labrum of my shoulder (might be more than one tear) from where my arm took the impact of the truck. I have surgery in mid January. I am so ready to be done with all this. I'll be ready to get back to being active since I can only do pretty much a stationary bike where I put no weight on my arms.

Oh I also have nerve damage and get to now see the hand specialist - also on the side I was struck. Once I see him I think the only body part I'll have left are my knees, otherwise I will have seen every specialist in that orthopedic clinic o______o

As for the light, the cops helping pedestrians have gotten very aggressive but people are still assholes. Drivers turning left honk and yell at them often when they "could have had time" to turn before a pedestrian. I use the quotes because I'm sure the driver that hit me thought the same thing.

[Edited on December 21, 2015 at 1:47 AM. Reason : .]

12/21/2015 1:43:08 AM

I'm sorry that happened to you. And I am sorry you had that issue with a police officer. I was also the target of an indifferent/idiot police officer back in 2000. In short, I was going below the speed limit (by about 10 MPH) and a car pooled out between cars to cross my lane to go the other direction and struck the rear of my car, sending me through a pole and totaling my car. I had witnesses (random) that testified to the officer for me. The idiot police officer in Morrisville wrote me a ticket for 'exceeding a safe speed under existing conditions,' and then listed 4 conditions, none of which were true. I was livid.

I won in court.

12/21/2015 11:13:13 AM