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got nailed by drunk driver today!!!!

Discussion in 'The Hokey Ass Message Board' started by borndead327, Jul 4, 2009.

  1. 54 savoy
    Joined: Jan 10, 2009
    Posts: 424

    54 savoy
    Member

    glad everyone is o.k. last wreck i was in i was fine but went to hospital later just to check since i was rear ended,i didn't want a 1500$ check from his insurance co. just to find out later i had 15,000$ worth of damage to my body..
     
  2. PoPo
    Joined: Jan 3, 2008
    Posts: 1,102

    PoPo
    Member

    and people talk shit to me when I arrest drunk drivers, they say its not a bad crime to drive drunk. 44,000 people die from alcohol related accidents on the roads yearly. More than all drug related deaths except cigarettes.

    DONT DRINK AND DRIVE! Be a real man/woman and have a DD or limit yourself.

    glad you are safe and lived on to write about it. Be safe out there guys, even if you are sober, watch out for the guy who was an Ahole and IS DRIVING DRUNK.
     
  3. AlbuqF-1
    Joined: Mar 2, 2006
    Posts: 909

    AlbuqF-1
    Member
    from NM

    Glad everyone is apparently OK, but that is some good advice there! The incident will be covered by Uninsured Motorists coverage, so it will be your OWN insurance pushing you to settle. Here it is only good for a year, don't sign a day earlier.

    I got rear ended by an asshole with no license, no insurance, fortunately only at about 30 mph. My neck hurt for months, and my knee started hurting 2 months afterwards. Doc says the accident caused it.

    Besides seat belts, use seats with headrests!
     
  4. pasadenahotrod
    Joined: Feb 13, 2007
    Posts: 11,775

    pasadenahotrod
    Member
    from Texas

    When you are attacked by a drunk driver, and it IS an attack, prosecute and persecute him/her to the fullest extent of the law.
    Then persecute your Texas State Senator and Representative to change the State Law regarding arrest, confiscation of vehicle, jail time, and victims reparations for injuries and property damage.
     
  5. Big Tony
    Joined: Mar 29, 2006
    Posts: 3,588

    Big Tony
    Member

    Especially get your wife checked out and document everything...glad ya'll are ok and the bastard was caught. Good Luck
     
  6. 1 shot
    Joined: Aug 30, 2006
    Posts: 907

    1 shot
    BANNED

    Pregnant gf in the car to???
    I'd a kicked his ass lol.
    Hope they break it off in him the loser.
    Stay safe guys!!!

    1shot
     
  7. todd_a
    Joined: Apr 18, 2009
    Posts: 397

    todd_a
    Member
    from Tyler, TX

    No way man, arrest the crap out of them! They kill people that are obeying the laws and minding their own business, then they don't even have a clue what they just did after it happens.

    If someone has a tendency to drive their car after they have been drinking and they won't be convinced not to by their friends, then they need to leave their F-N car at home so they don't have a choice but to call a cab or accept a ride from a DD!

    I know that many people on this forum have probably driven after drinking when they should not have... and they probably didn't get caught or have a wreck or anything. You got lucky! It was not your excellent driving skills that got you home safe. Believe me, if I was to loose my son because some idiot decided he didn't want to leave his car in a parking lot of a bar and take a safe ride home, there would be some big time payback. I got no sympathy. It is bad enough that someone can loose a loved one to an accident (I lost a 2 year niece because of rain and bad conditions, no alcohol involved, still sucked in the worst way) - if that accident was caused by a drunk driver, then it could have been avoided and that pisses me the f uck off!

    I hope everyone was ok that was involved in this one, and I hope the same for anyone that might be a victim in a drunk driver accident. Be safe out there!
     
  8. KreaturesCCaustin
    Joined: Sep 3, 2008
    Posts: 1,258

    KreaturesCCaustin
    Member
    from Austin, TX

    I can't add anything that hasn't already been said. Just really glad you and your family are alive and well. That's why I'm at home right now instead of out partying. Too many drunken douche bags on the roads on a day like this. Be safe, everyone!
     
  9. FCCOOL
    Joined: Jun 13, 2005
    Posts: 276

    FCCOOL
    Member

    if you are going to drive drunk there is no point paying for insurance, here the insurance companies dont want to know about it if your drunk.
    I learned my lesson when i was 19, driving drunk and got t boned by drunk fat chick, i was driving the car i still have today wich is in my avatar, If i hadnt been drinking i could have called the cops and sued her and fixed my car with panels i had at home but instead i had to drive home and wake up the next morning with a hang other, a bent B pillar and two smashed doors.
    now i stay well under the limit or dont drive.
     
  10. Glad you guys are OK, Shit man...I'd do prison time if I got hold of the bastard! :mad:

    I hope you get 'justice'...
     
  11. MissPrint
    Joined: Sep 11, 2008
    Posts: 760

    MissPrint
    Member

    :eek: Dayum!!! :eek:

    Just got home from work and SO sorry to hear about this. . .But SO glad y'all are "O.K.". . .Saw a fair number of "lane weavers" on my way home, and avoided them like the plague. . .

    Have lost five too many of my friends due to Drunk Driving :mad:. . .don't want to lose anymore. . .:(
     
  12. Well, it could be worse, as long as no one was hurt (or at least doesn't have to go to the hospital) and you talked the cops into looking away long enough to kick this asshole in the nuts a couple times.

    I'd get checked out now, the one accident I was in I was fine until the next day, then I was sore for a week. I slid sideways into a telephone pole - dumb kid going too fast on the way home from school in the winter, had to hit the brakes for some douche in a delivery truck right in my lane and the 3400-lb T-bird just slid sideways passenger side first into the pole. Thank god I was by myself in the car. But I got out right away and walked around, so...
     
  13. DocWatson
    Joined: Mar 24, 2006
    Posts: 10,278

    DocWatson
    ALLIANCE MEMBER

    Glad you, your wife and friends are OK.
    I don't know how the US legal system works, I hope the prick gets done. Can he do time? Or would it have to be his 843rd D&D charge like it is here?
    They cop a fine here, loose their license (Or more commonly have the time extended from the last offense). It sucks, we could take them to court but usually if they have no insurance its because they have no money.
    Too bad you cant sue them for years off their life.

    But, I have to parrot Muttly here...................
    Listen up, and listen good.

    I work in an emergency department and get to see the aftermath of drink driving often, and before that as a Paramedic at the scene.
    Get checked out, ESPECIALLY YOUR WIFE!!!
    Have a medical report listing every ache and pain (No matter how minor).
    That way, if in the future you find that there was enough damage that it degenerates and you have a problem later in life. You have a definite point and incident to start with for insurance and compensation. Even the smallest niggling injury could be the start of a degenerative disorder in a joint/back.
    I don't want to scare you but it can happen.

    Doc.


    Did any of that make sense? I'm not sure?
     
  14. SDFastOne
    Joined: Feb 8, 2009
    Posts: 33

    SDFastOne
    Member
    from Pierre,SD

    Years ago I was that stupid idiot, but I was very lucky that I never hit a car with someone in it. I can still have a good time without the booze. Try it.
    I'm glad everyone is OK & I hope you stay that way.
    Have a save weekend.
     
  15. tomslik
    Joined: Mar 3, 2001
    Posts: 2,161

    tomslik
    Member



    and NO reason to stay.


    btw, do NOT sign off on any medical shit.
    you may have problems down the road....
     
  16. PoPo
    Joined: Jan 3, 2008
    Posts: 1,102

    PoPo
    Member

    an OWI, DUI, whatever your state calls it is a serious misdemeanor for the first offense in IA, then goes up after each conviction. So next is the Agg Misdemeanor then a D felony. You won't serve time till after that D felony conviction. I set a new precendent in IA after a supreme court ruling about one of my OWI cases. Guys 3rd OWI and he fights it (doesnt want time in the slammer), he said I didn't offer him a call to a Narc officer to give away a big drug bust so he could get out of this OWI. well now you are only allowed to call your family or attorney, not anyone you want.

    I know we have all driven when we were buzzed or even drunk, but it only takes 3-4 beers to be over the limit, remember that.

    Don't be a statistic, have a sober driver
     
  17. panic
    Joined: Jan 3, 2004
    Posts: 1,450

    panic

    The actual drunk is 2/3 of the problem.
    The other 1/3 is the cop that "gives a fellow officer a break", the state legislature that listens to the liquor lobby and won't pass any real punishment, and the judge that reduces the sentence "so he can drive to work".
    In New York there used to be a repeat DUI who got wasted, had an accident, and killed or injured someone every few years - and nothing happened to him. Why? Judge's son (here's one incident: http://www.time.com/time/magazine/article/0,9171,870385,00.html ).
    I've personally investigated a multiple vehicle accident (cars all over the place, broken glass, wheels torn off) on the Major Deegan (my rental company's car) where the original driver, when questioned, complained that the wreck was caused when "the damn car went into reverse when I downshifted to pass someone" - he was too drunk to realize how to use the floor shifter. He reeked of liquor, red face, slurred speech, staggering, vomiting - and was released and told "walk away and get someone to pick you up" as soon as he produced his shield: NYPD.
     
  18. RichardW
    Joined: Dec 9, 2007
    Posts: 84

    RichardW
    Member

    Had a friend a few years ago who was pregnant when she was hit by someone else. The case wasn't closed until after her baby was born and was checked out. Don't let him off the hook!
     
  19. DocWatson
    Joined: Mar 24, 2006
    Posts: 10,278

    DocWatson
    ALLIANCE MEMBER

    PoPo, thats a big call saying, 'We have all done it'. I have never even gotten on a bicycle drunk let alone drive a fucking car.
    I have however been in a fire fight while mildly intoxicated! (Dont ask!)
    But then again my drinking career lasted about 6 years and was nothing spectacular.
    There is no excuse. Ever.

    Panic, I'm on your side. No matter who you are, do the crime, pay the time as the saying goes.
     
  20. panic
    Joined: Jan 3, 2004
    Posts: 1,450

    panic

    Sorry, long post:
    There's a way to almost cure this problem, which I have made known to my State legislature, local District Attorney, M.A.D.D., Community Action groups, etc. - they're not interested. Whenever the people who really own this country (no, not the government - they're just who they pay to run it) want this little problem fixed, it can be fixed.
    Insurance (where required) has as it's purpose NOT to protect the guilty driver (the "tortfeasor"), but to offer recovery to the victim. Insurance companies HAVE to provide attorneys for DUI drivers to protect their own policyholders - they don't like these jerks either. What to change? Very simple - it just requires the will to do it.
    Where the accident is the result of an intentional criminal act (DUI), the insurance company only covers the loss AFTER recovery from the tortfeasor. The victim STILL gets the same amount of money, the insurance company does NOT immediately provide a lawyer (they probably still will). The 1st dollar comes from the driver, not the insurance company. When he's broke, the insurance kicks in, not before. Gee, I wonder - do you think that might lower insurance rates?? Premiums also lower if owner is financially responsible – mean ins co has less exposure.
    The difference is that a driver realizing that (if he does this) he'll lose his house, his car, his children's college money, and his pension may be somewhat more careful. And, if not, he'll be less of a risk, since he'll never have another dime again for the rest of his life. Think about it - do you think your home owners insurance will cover you if you're sued by someone you shot intentionally? Criminal acts preclude insurance coverage. Why this exception to all logic and statute? MONEY and LAWYERS

    Want it fixed? Tell your congressman.
    I have sought, in vain, for the problem to be addressed as "tort reform", to provide another incentive for responsible driving.
    The threat of criminal sanctions may have reached a point of diminishing returns, in that the remaining DUI offenders and potential offenders are less likely to alter their behavior than those originally targeted by your efforts. Therefore, there will continue to be a substantial number of offenders un-responsive to the imposition of stricter standards or harsher penalties.
    I have a suggestion for a possible legislative project, from the perspective of civil, rather than criminal, law.
    Motor vehicle liability insurance (where required, as in New York) has as it's purpose not to protect the guilty driver (the "tortfeasor") from economic loss, but to guarantee a source of recovery to the injured victim or next of kin. As a fiduciary responsibility to their own stockholders, insurance companies must provide attorneys for DUI defendants.
    Currently, despite the fact that litigation of damages frequently occurs after the criminal court has rendered a verdict as to the defendant's guilt, the defendant's insurance company still fully indemnifies the defendant against the injured plaintiff's financial recovery.
    I believe that this system, consistent with conventional tort law in New York, does not serve the public interest as well as intended. A legislative change, specifically directed at DUI cases, may have a profound impact on the behavior of defendants, the financial interests of insurance companies, and the public's welfare.
    As a matter of public policy, as well as common sense, intentional criminal acts preclude insurance coverage as financial protection for the defendant. Certainly, home owners insurance does not provide protection if you're sued by someone you shot intentionally. It is only to protect the DUI victim's financial interest that this exception is made.
    What I propose is a change in the order of recovery by the successful injured victim. Currently, the order of exposure to liability is as follows:
    1. insurance carrier (up to the limit of the policy).
    2. the DUI defendant's property.
    Legislation can reverse of this order, so that (where criminal guilt is already a matter of record) the defendant's assets are seized first. This need not be without limits; as a preliminary first step, safety factors in the current bankruptcy statutes still protect the defendant and their spouse.
    At the exhaustion of the defendant's assets, any remaining judgment is recovered from the defendant's insurance company. How does this change affect the interested parties?
    > The injured plaintiff is not adversely affected by this; they STILL get the same amount of money.
    > The plaintiff's attorney's fees will remain as they are - a percentage of the full recovery.
    > The defendant's insurance company will pay out less money in almost all cases, and no money in cases where the defendant's assets are sufficient to fully satisfy the judgment. This will have the secondary effect of a slight reduction in premiums, especially for motorists with assets (i.e., homeowners might pay lower premiums through a lien on the property favoring the insurance company, etc.).
    > Insurance companies will probably still provide an attorney for their defendant/client to protect their own interests, even if their financial exposure is secondary.
    > Motorists with previous DUI history will, in my opinion, be much more careful to avoid another violation, knowing that a conviction will result in the loss of his savings, his house, his car, and his pension.
    > If the defendant is married, the innocent spouse would still retain all of their own personal property, and (generally) 50% of the marital property (house, etc.) - similar to divorce law. A wife would not be bankrupt because her husband lost the case.
    In addition to the financial benefit, both to the insurance companies and the public (fewer accidents, fewer lives lost or ruined), there is also a moral victory which comes with forcing the convicted DUI defendant to fully accept the consequences of his act, rather than lay the financial burden on the driving public (as the current system does).
    This plan will, of course, require studies, adjustments, etc., but I believe it can be an effective tool for saving lives.
     
  21. I got hit in feb., I felt I was ok, then soreness came a day later. ends up, I have 5 totally blown discs in my back and neck.
    make sure you and yours get a full check out immediately.
     
  22. Mark H
    Joined: May 18, 2009
    Posts: 1,461

    Mark H
    Member
    from Scotland

    Glad you're all o.k.
    Had to deal with assholes like your drunk driver on a regular basis when I was a cop.They rarely get jail time over here,even repeat offenders.
    I would not suggest the following course of action,as it's illegal but I could understand if someone in your position was to find out where he lived,wait a few months,and pay him a visit with a balaclava and baseball bat,and break the fuckers legs.
    Like others have already said,get a thorough medical exam.Make sure every little ache and pain is noted,no matter how minor you think it is.
    Good luck,hope the bastard does time for this.
     
  23. panic
    Joined: Jan 3, 2004
    Posts: 1,450

    panic

    I heard of a conversation on the subject regarding penalties for DUI in Norway (a contry with a very high rate of alcoholism).

    What's the penalty for the 1st conviction?
    $1,000 fine, 30 days in jail, license revoked for 1 year.

    What's the penalty for the 2nd conviction?
    $10,000 fine, 1 year in jail, lifetime license bar.

    What's the penalty for the 3rd conviction?
    $100,000 fine, 5 years in jail.

    How about the 4th conviction?
    We've never had one.
     
  24. rc.grimes
    Joined: Aug 14, 2007
    Posts: 697

    rc.grimes
    Member
    from Edmond, OK

    Glad to hear you guys are okay. I was graced with being hit by a drunk driver in the fall of last year and still undergoing surgeries to repair the damage.
     
  25. pwschuh
    Joined: Oct 27, 2008
    Posts: 2,830

    pwschuh
    ALLIANCE MEMBER

    Get a lawyer. Own him. Own every thing he has.
     
  26. Kenneth S
    Joined: Dec 15, 2007
    Posts: 1,527

    Kenneth S
    Member


    What DocWatson said ^^^^^^^^^^^^^^^^^^^^^^^^^^^^

    Don't take any chances, get checked out.
     
  27. plywude
    Joined: Nov 3, 2008
    Posts: 699

    plywude
    Member Emeritus
    from manteca ca

    Man all you guys need to be checked out, to be hit that hard you could have damage to your spine that will bite you in the ass later I had a gal slam in the rear of my car I thought I was OK but an hour later at the CHP office ( required to fill out an accident report in Calif) my f--n arm went numb and I got a headache that felt like the top of my head was going to explode, 10 years later I still have neck pain, GO SEE THE DOCTOR...:D
     
  28. rayford
    Joined: Jul 3, 2008
    Posts: 1,238

    rayford
    Member
    from calhoun ga

    glad your all safe and were wearing your belts
     
  29. borndead327
    Joined: Feb 9, 2005
    Posts: 1,388

    borndead327
    Member

    it was just a black dude so drunk he couldnt even talk to the cops the cops thought he was a retard. who in the hell is driving drunk at 4pm?
     
  30. Yeah most of us have driven drunk a time or two, but times are a changin, and theres a big difference between the old days when you'd be lucky to hit something and today where any idiot can turn an automatic transmission into a cruise missle and have a better chance of hitting something or someone than not.
    Now if this guy is an ignorant repeat offender, (Let alone that he endanger'd you and your pregnant wife) and the laws have failed society, I would think the world would be a better place in the future if this piece of shit was not physicaly able to down a bottle of ripple and drive a car into his next victom ever again.
    In india Thieves have their hands cut off, Wouldn't it be great if here violent offenders like gangbangers and such didn't have fingers to pull gun triggers with?
    Personally I think government rules and laws should be re thought and restructured. For example: Welfare was meant to help and has saved my ass a time or too, but in reality what does it do other than breed ignorance and ignorant people in mass numbers. I think that people on welfare (chronicly dependant) should be sterelized. In other words, you should not be allowed to breed (have 14 fatherless children) if your not able to support and feed your own offspring. Seriously, how many of these people are gonna grow up to kill people through ignorance, accidents, or violence anyway? You see it everyday in the news, but the truth is the news only reports a small percentage of what really goes on.
    I'll stop here....no need to go on with these thoughts.....
     

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