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Originally Posted by solidus I've done hundreds of accident investigations and unfortunately this one is the OP's fault. This incident is no different than hitting the back of a car
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This incident is not similar to hitting the back of a car at a red light. There were no flashing amber lights giving the driver notice of a traffic stop. There were no red brake lights. No flashing hazard lights. That statement alone makes me question the validity of your other comments.
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If I recall, he was seeking 30k in pain and suffering. BUT in the 3 days that the hearing lasted, he sat in his chair the whole time, not even trying to look uncomfortable. Only standing up when the jury and judge entered the room. Yes, the Dr. was at fault, but we as a jury didnt buy it for one second that the dude suffered the pain he claimed. We awarded him only part of the cost of the chiropractor..
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You guys kill me. Let me break it down for you. If you recieve an "on view" civil citation such as speed, violating traffic control device or equipment etc. , those are something an officer physically observed and can therefore can testify to what he or she saw. In 25 years I can say that maybe twice I can think of have I ever witnessed a crash in which I had to write the report. 99.9% of the time a crash happens, someone calls 911 and an officer is dispatched. When he gets there he "HEARs" what the people involved "SAY". He didn't actually see crap and in a court of law if you don't see something you are speculating unless you can prove it scientifically or otherwise. Precisely the same way that I can visually estimate speed and then confirm it with a laser speed measuring device. Then when I go to court I back it up with the certification of training and calibration of my equipment. So if you'd like to speculate on whether or not I've ever been in a court room why not put some money on it. That's about as third grade as I can put it .
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