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AugustRush

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About AugustRush

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  1. PayrollHRGuy, thanks for your concern. I'm definitely not doing anything before discussing it with my lawyer. From day one I have never admitted fault for anything (because I didn't do anything wrong). I know very little about the legal process, but I know that everything I say can be used against me. The lawyer has reviewed and agreed to take my case, we'll meet next week to go over everything. I've given up trying to talk to the trooper that investigated the accident, he obviously doesn't want to talk. 😥 When I think of the legal system, this video came to mind. (Please watch the link if you need a good laugh.) https://www.youtube.com/watch?gl=ID&feature=plcp&hl=id&v=ljhuDeuebak
  2. Thanks for responding, Victor. The whole situation is very complicated and the state trooper handling this accident/crash report was very difficult to deal with from the start. (I have great respect for law enforcement with all the crap they have to deal with.) I called the trooper station multiple times and left a message on September 30th in the afternoon. I was told by multiple people that since he was the only who investigated the accident and report, I would need to talk to him when he returned from scheduled training. The driver ahead of me (witness) also called a left a voicemail for him last weekend. I have yet to hear back from the trooper. After considering everything, I decided to hire a lawyer to represent me. When it comes to statements, if needed, I will write my own and request that the driver ahead write one. When I was rear-ended initially, the impact was so extensive that I blacked out immediately (for a few seconds) and I have no memory of the details. My last memory is driving down the road and I vaguely remember traffic slowing ahead of me. I have no memory of being hit or hitting another vehicle. When the driver of the truck in oncoming traffic thought I was texting and gave his statement (which he later took back), the police officer assumed I caused everything and wrote the crash report accordingly.
  3. Thanks everyone for your feedback, I really do appreciate it. 😀 I talked to a lawyer with a major firm in Harrisburg, PA today, he will be representing me. (Yes, I did review their firm and many others). We agreed to a fixed/set rate of $750.00 total for him representing me (I have to pay court fines, etc.). When it comes to the injury claim, we may pursue that after the traffic citations are taken care of. He agreed to represent me on a contingency agreement for the injury claim (I pay nothing unless they win). Having a lawyer does make things less stressful, now I can stay up late writing a paper for my MBA class in peace. 😅
  4. Thanks adjustjack, for replying back again.I appreciate your insight. I'm realizing more and more that I should probably just hire a lawyer, as your recommending. I live in the Harrisburg, PA area and am sure their are a lot of options. I've only lived here since April 2018, so I will ask my co-workers for some lawyer referrals to start with. Do you have an idea of what this would cost to have a lawyer represent me? (I've seen anywhere from $400 to a few thousand)
  5. adjusterjack, thanks for responding to my post with the limited tort information. It makes much more sense than what I read today 😀 I may consult a personal injury attorney in the near future. Overall, I'm fortunate that I didn't sustain more serious injuries and that my health insurance will pay almost all of it. My main goal right now is getting the crash report corrected, it is filled with errors. The trooper that wrote the report is on training and should be back soon. I will hopefully be speaking/meeting with him this week. I talked to the driver that was ahead of me this past week, i'm sure he would be willing to testify. They saw everything happen in their rearview mirror and saw the driver in back him me first, causing the accident. I'm not sure how valuable this is, but Statefarm is going to try an pull the black box (EDR). If they are able to get this, it would clear up any doubt.
  6. PayrollHRGuy, thanks for the reply. The police report listed "Careless Driving", "Using Texting Device", and "Not Driving at Safe Speed" as the violations. In the mail, I received 3 citations: (1) Failure to sign registration card, (2) Careless driving, and (3) Using texting device. I sent the citations in the mail today pleading "not guilty". I know that i'm not guilty or at fault in this accident, so i'm definitely not going to accept these charges. I would prefer to not get an attorney involved in this matter, but I will if I have to. I have what's known as "limited-tort" with State Farm, which I understand affects my ability to sue. I've never had a ticket or accident before, so i'm new to how paying for an attorney actually works. I know some attorneys only make you pay a percentage of the settlement if they win. If I knew that the limited tort wouldn't stop me from getting a lawyer and having my costs covered, I would hire an attorney tomorrow. I was also the only one injured in the accident, with a fractured L5 vertebrae (that hopefully doesn't need surgery).
  7. Thanks everybody for your responses, I appreciate it. For some reason, the police report didn't have any statements from the driver/passenger ahead of me. State Farm has been very helpful throughout this process, they actually called everybody involved (as they usually do I think) and they notified me of what the driver ahead said. I actually talked to the driver that was ahead of me, on Friday. He said he was happy to give a statement. I thanked him for talking to State Farm, but didn't want to be seen as "telling him what to say", so we didn't discuss the accident too much. He was very surprised and confused when I told him the trooper list me as partially at fault. Nobody else has the police report, I went onto Penn DOT's website and paid the $22.00 to download it. (I voluntarily sent the official crash report to State Farm, since PA takes a long time to supply it. Overall, I guess i'm just amazed how they can publish such an incorrect crash report. I know mistakes can happen, but it was very off.
  8. Background: I'm in my mid-20's. I've never gotten a speeding ticket or been in an accident. I don't text and drive- I don't even have a smart phone. A few weeks ago I was driving home and was involved in a car accident. There is only one lane of traffic going each way, I was following 2 cars and had one car behind me. The first car was stopped to make a left turn and I vaguely remember slowing down with the cars ahead. The next thing I remember is hearing glass smashing, feeling pain in my back, and being out of breath when my car came to it's final resting place in the middle of the road. After the accident, I collected my wallet and phone and got out of the car. I didn't know what happened, but only could see the rear damage of my car from where I was standing after the accident. Based on witness statements from the driver and passenger of the car head of me, the vehicle behind me rear-ended me and started the accident. They literally said they "saw everything unfold in their rearview mirror" and the driver behind me rear-ended me. After I was rear-ended initially, I was knocked unconscious for a few seconds (most likely due to the speed of the driver behind and the fact that my car was nearly stopped for traffic ahead). This initial impact probably caused the L5 vertebrae fracture in my back as well. Next, when I was rear-ended I hit the car ahead of me (and they hit the car ahead of them). I was then sent into oncoming traffic towards a large truck pulling a 5th wheel. (I was unconscious and don't remember any of this happening, its based on the truck driver's account. I actually found out that I hit the truck/camper a few days after the accident). My vehicle took out the trucks front axel and I then went airborne along the side of the camper and smashed the side window. The camper nearly landed on my car and it caused some of the 5th wheel mount bolts to break. This was the end of the accident, I was left in the center of the road. The car that rear-ended me was now ahead of me, when everything was finished. The state trooper interviewed me and asked what happened. I said I was unsure what just happened, but stated that I was not driving distracted by any means. The guy driving the truck initially though that I was texting, which I denied. I have my Verizon text/call records to prove this wrong (last call on my phone was 2 days before crash, last text was the night before texting my mom). I met the driver of the truck at the tow yard a few days after the accident. He explained that I hit his truck and camper, but also realized he incorrectly thought I was texting. He now knows it was the driver behind me that was distracted. Crash Report: (To be fair to the trooper, the whole accident scene was a mess. There was a lot of confusion as to what happened.) The crash report stated that I started the accident when I supposedly rear-ended the car ahead of me. It said I was driving carelessly and speeding. (?). The driver behind me was also listed a partially responsible. I was also cited for using a texting device, which means they didn't verify my records from Verizon. I was the only one injured in the accident, someone in the SUV ahead had minor whiplash. The trooper that was managing this accident report was on training and i'll be taking to him this week once he gets back. State Farm (my Insurance Company) has reviewed everything and has a recorded statement (from the driver ahead of me) and has put the driver behind me at fault for the accident. (I also asked them if my 2017 Nissan Sentra had a "black box" recording device, which may help explain what happened. The driver ahead of me called the trooper and left a message yesterday. He will be giving his account of what happened. I'm looking for advice on getting the police report corrected/amended. I appreciate the help!
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