Wife and Kids got in an accident

[trackdayz729]

The Wife and Kids got rear ended thursday morning . Jen (the wifie) was stoped at a 4 way and doing your normal look all ways before proceeding and right before she was going to go she noticed something in her rearview. She looked up just in time to tence up for impact. The lady never even hit the brakes, 40mph - slight vear to the left and pow right into the back of our '02 highlander with her little benz clk 230 convertable. Now here's my question for you officers out here, she was on her way to the Dr. office for her back and was admittedly on prescrip drugs - visably loopie to the point of looking drunk. Some of these drugs say don't operate heavy machinery ie: a car. The ins adjuster called my wife yesterday and said he talked to her husband yesterday because when he was talking to her he couldn't understand her so her husband had to " interpret for her", and that's just to speak. To my knowledge no ticket was given and no sobriety test was adminstered, why? My son is now not wanting to sleep or nap let alone go anywhere mommys car or even my truck.My daughter doesn't really know what happened and is fine. Luckily we spared no expence on the kids' car seats and bought Britax. I would highly recommend them, we have 2 in each vehicle and they are $240.00 a copy but well worh every penny. Ofcorse we now have to replace both of the car seats in her car as is recomended after an accident. The kids have an appointment on Monday at the Dr. office to get checked out but are just fine because of these car seats, unfortunately momma is having some bad neck pains form the impact. Probably because she saw it coming and tenced up. The car is going to need a rear quarter ,and ofcoarse the rear bumper. Even the exhaust is bent all the way up to the cat, and some of the rear suspension.The wife will have some neck problems but all will be ok though. Thanks for lettin me vent a little at least my family is ok.

[masameet]

Well, that sucks.

Glad to read that your family was in a big car and the other car was smaller, and they made it out of the wreck relatively unscathed.

The other driver's insurance ought to take car of your son's counseling needs, if you and your wife elect to go that route. He's going to need reassurance (and patience) from you two.

[L-2]

Originally posted by trackdayz729
Now here's my question for you officers out here, she was on her way to the Dr. office for her back and was admittedly on prescrip drugs - visably loopie to the point of looking drunk. Some of these drugs say don't operate heavy machinery ie: a car. The ins adjuster called my wife yesterday and said he talked to her husband yesterday because when he was talking to her he couldn't understand her so her husband had to " interpret for her", and that's just to speak. To my knowledge no ticket was given and no sobriety test was adminstered, why?
Officers can miss evidence and other signs or symptoms of more serious crimes in effect, instead of just seeing a traffic accident.

If it's ever me, feel free to let me know about these other crime indications, as I may not have noticed them. Of course, I can't answer for the responding officer(s) or for any witnesses, or your wife, as I wasn't there.

Hopefully, neither of you have to experience such a traffic accident again. I know it's a horrible experience, not to mention inconvenient for all involved.

I'm guessing, if the other driver was intoxicated while driving, and no means to gather evidence was performed, that driver got away with a serious DUI with injury-accident crime...a potential felony or at least a misdemeanor. Unfortunately, people do commit and get away with crimes every day, whether infractions, misdemeanors, or felonies.

And hopefully, your insurance has determined the other party at fault and will get the other driver's insurance to repair or total your car, as appropriate, at no cost to you.

[trackdayz729]

Yeah, got away with it I guess. CHP and Local Police were on scene and both were told and actually both said they noticed and would be "investigating" the situation but nothing was done. I have her business card and her husbands also, who had shown up to the scene, looks like he works for the state controlrs office and she has something to do whit so goverment job also. Who know, maybe that has something to do with it. I would hope not and doubt it but ya never know.

[motorman4life]

She should have been evaluated for impairment. That said, when people have been in a serious accident and are upset, they often display odd symptoms that can easily mask impairment or cause one to overlook the signs. If your wife was made aware that she was heavily medicated, she should have relayed this information to the officers on-scene.

I can tell you, when things aren't done right it is very frustraiting. I also know, it happens. Trying to find a "reason" is like chasing your tail. If you were ________ (insert minorioty status here) you could try blasming it on that. As for where the driver works or where her husband works, it is irrelevant. I think many people like to believe there are conspiracies and reciprocal favors among government employees going on all around us. When something doesn't work out the way we like, we start looking for causes or motivations and when we hit prejudice or favortisim, we stop there. It just isn't the way things operate nowadays. Really, it isn't. The fact is, Rx drug intoxication is a major problem and it is one of those things that slips through the cracks most of the time. It is a LEO training issue and it is a DA prosecution issue (as they are rarely prosecuted, even when there is a collision). Police don't take it seriously because DA's don't take it seriously because juries don't take it seriously. We have a system backed up with manslaughters and violent crimes and the same effort goes into prosecuting an Rx DUI and the end result will be minimal, if there is even a conviction. You are asking a jury of old ladies that are on Rx drugs to convict an old lady on Rx drugs. Shit, 1/2 tyhe jury probably drove to court under the influence of a Rx drug that says, "DON'T OPERATE HEAVY MACHINERY" ..I've seen jurors open their purses and read their pill bottles when it comes up in court!

What you need to be more concerned with it the end result. You can't undo the accident, you need to find a way to recover as quickly and completely as possible.

As to the degree of consequences she faces as a reult; yes, it will make a difference. As to whether it will make a difference in how much of a payout your wife receives and the insurance implications, it may well have worked out better. There is not a question of fault, either way. If she had been determined to be DUI (which apparently she wasn't), her insurance co. would have dropped her and often things become difficult (strained) for everyone involved. I'm not saying it is right, it is just something I have observed. I'm cvonfident, based upon the info you have provided that this woman was 100% at fault. Her insurance will be kissing your ass and you will be able to recover from this financially.

Consider yourself lucky there were no serious injuries. Yes, your son will need to deal with the emotional effects and he may need therapy, but ultimately, he may be stronger as a result.

Best of luck. :thumbup

[trackdayz729]

My wife and I told both the CHP and the Local about the visually apparent imparement and they agreed and said they would look into it but didn't while we were on scene. I watched her put her percrips back into her purse that had fallen all over the front seat of her car. I see your point about the jurors. I'm more worried about this happening again and some more serious injury coming out of it than anything else. I guess thats why I wish they had done something about it. I know that it will take some time for my son to recover and yes he will be stronger. As for my wife, well her injurys - well lets just say she'll recover too. The car is just a car no worries. Yeah, not going to persue any conspiracy theries here, I was just venting- sorry bout that. I have great respect for what you guys do, if I was 10 years younger I would consider a career change - Construction sucks

[Bad Kitty]

Massage therapy! I went through this identical situation in November and it was ugly. I don't think the boy was on drugs, but all other details match. Even the carseats. I took my son to the psychiatrist and it helped a lot. He subsided after a couple weeks and the nightmares went away. I still have some lingering pain, but my car was reapired completely after 3 trips to the shop! Get a good shop that will deal direct with the insurance, it is so much easier on you. I had over $3000 in massage therapy treatments and they didn't argue at all.

Psychochik and Rel are great helps and seem to accident experts so you might Pm them if you have a specific question. You can PM me if you want to know anything about my experience I will help as best I can. Good luck to you!