The story is changing.

Instrument 41 · 08-24-2012, 04:12 AM

A week back I posted some pics of my sons head on accident. Today he's fine but now we are dealing with he said/she said. My son was ticketed at the scene for failure to maintain control. The other driver wasn't even interviewed by the state police, she went out on a stretcher. That evening my ex wife and I were standing next to our son at the truck window of the the state trooper as he's "doing his reports". He turns to us and tells us to leave he wants to talk to my son. Apparently he grills my 17 yr old and in his stupor mentions that he wasn't sure but he may have dozed off, but wasn't sure. I think he was confusing his reaction right after the accident. Anyway, was it legal for the state trooper to talk to my son, being a minor, with out one of his parents being there? I have also found out that the final decision for accident cause is left to the insurance company. Any legal eagles out there that can offer advice??

LakeCleElum · 08-24-2012, 05:49 AM

Rules regarding Police interviewing a minor w/o a parent vary in each state. There is also a difference between determining what happened in an accident and a criminal "in custody" questioning.

2) It should be easy to determine fault by examining the accident scene.....Which vehicle was over the centerline? Did you notice where the debris, skidmarks, or any fluids were located on the road. Any photo taken by you, your son or the investigating agency?

3) Usually, the police report will try to determine fault and cite for any alleged violations. What the insurance companies determine could be different.

Ideally, an independent witness is best. Photos and physical evidence next best. Like you see, driver statments are not always reliable. G'luck...

Joeaksa · 08-24-2012, 05:55 AM

Being a minor, I would have stood my ground and had one parent with him while being questioned.

As well would not be happy with him being questioned while possibly being groggy after an accident... anything he said could be inaccurate and now used against him when it shouldnt be...

syncroid · 08-24-2012, 07:11 AM

Quote:

Originally Posted by Instrument 41

That evening my ex wife and I were standing next to our son at the truck window of the the state trooper as he's "doing his reports". He turns to us and tells us to leave he wants to talk to my son. Apparently he grills my 17 yr old and in his stupor mentions that he wasn't sure but he may have dozed off, but wasn't sure. I think he was confusing his reaction right after the accident. ?

What a crock! I would have said "On what grounds?" or "Not without a lawyer"

speeder · speeder's Garage

Quote:

Originally Posted by syncroid

What a crock! I would have said "On what grounds?" or "Not without a lawyer"

Yep. It's a little late now but you could have refused to leave his side or even had him refuse to be interviewed. What was the trooper going to do? Arrest all of you for remaining silent?

That goes for you by yourself after an accident as well. If there is any possible question of fault or any way that that the truth could be twisted against you, let your lawyer do the talking. I hate that it's like this, but that's the reality of living in the USA these days. For civil as well as criminal concerns.

If he is found to be at fault for this collision, all I can say is that I hope you have some amazing insurance coverage.

Flieger · Flieger's Garage

"I take the 5th". Too late now, though.

Zeke · 08-24-2012, 11:11 AM

The police have the right to detain even if it requires a trip to the station. That can be intimidating and they know that. Sure, the people at the scene have the right to say nothing. The police will always take this as a sign of guilt in one way or another. This is also intimidating, but it's how it works.

I do believe the young man has the right to recant his statements at any time. He has to duty to tell the truth the best he knows it to be under oath in a court. In the meantime, STFU. The accident investigators will get to the bottom of this, you can count on that.

BK911 · BK911's Garage

Quote:

Originally Posted by Zeke

The accident investigators will get to the bottom of this, you can count on that.

Yea, what Milt said.
I lived a short life as a forensic engineer / expert witness.
A lot of my work was in accident reconstruction.
By crush on the vehicles, skid marks and gouges in the road surface, it was pretty easy to tell what happened.
Take pictures before the rain washes away any evidence.
Pretty neat stuff, except for crawing inside blood soaked vehicles that were left in the sun for days / weeks.

Tobra · Tobra's Garage

Anything he said at the accident scene will be distorted by the trauma of the event. He was stunned and not fully coherent.

A decent accident report will assign fault. If she crossed the line, it is on her.

Maybe the woman is married to a cop or something.

john70t · 08-24-2012, 06:39 PM

The police can easily manipulate any witness still in shock: "And then you caused everything and are completely at fault, ISN'T THAT RIGHT?"

But it's also possible your son's version may not have been accurate.

Since the shift in blame has now gone against your son (typical easy young male target who's usually at fault), it's now an uphill battle.

Ask officially for copies of all the evidence and all reports, now.
Contest anything that doesn't jibe.