Questions For Our LEOs About Traffic Accident Investigations

[Fargo]

Understood. I was thinking about the fact that the IC that Fargo mentioned states that any unconscious parties in the accident aren't required to submit to a chemical test. So some guy ODs and passes out causing an accident with serious bodily injury and he is the only one not required to give a blood sample. That can't be right.

As I recall, the exception is that they don't have to be read implied consent or offered a breath test while unconscious. As noted above, that code section is generally regarded to be unconstitutional as applied to people not showing impairment.

 

[Hop]

Bumping this thread because I got bumped again! What is it about the ass end of my BMW that makes people crash into it? It looked great after Langfords fixed it last year and it's all shredded up again. Since I rode in a bambalance to the hospital and my car got towed, I don't even know who hit me. It's not on BuyCrash.com yet. The report also wasn't available Monday morning @ the City Co building.

My trunk & driver door sometimes won't stay locked, I have few if any taillights on the driver side, the bumper cover is sticking out ~10". I really don't think I should be driving it. I could file a claim with my insurance but a rental car comes out of my pocket.

On top of all this, my S&W Shield was sent downtown for safe keeping. I got finger printed and filled out the form. I know it's safe down there but I want it back!

 

[Pancake]

I was involved in 3 vehicle traffic accident on 11/17 at about 0645. I was stopped at a traffic light and struck from the rear by a van that was stopped behind me. They were struck from the rear and pushed into me. The driver of the third vehicle apparently made no attempt to stop and struck the van. The driver of the third car left on a backboard. ISP was the responding agency.

My questions:

1) How long does it typically take for an accident report to be available. The trooper told me that I could get it within ten days. This is now day eleven and counting. The only response I can get from the ISP post is that the trooper hasn't finish it yet. Surprisingly though, He found the time to notify the DMV and they managed to get a letter to me even with a holiday and a weekend.

2) Is there a statutory time limit for them to be available?

3) When did the State start requiring you to purchase the report from a third party?

4) When did the law require that everyone involved in a traffic accident be given a Breathalyzer at the scene and also required to consent to a blood draw at the hospital, even though none of the other drivers showed any signs of impairment? ( we were both told to drive ourselves to the hospital by the trooper at the scene)

To answer your questions, it "typically" takes 7-10 business days for the report to make it through the system and get to where you can purchase it. This delay is due to the sheer volume of crash reports that are generated, they go through and internal audit to insure completeness, and it get distributed to the BMV before its posted to the third party website. I know in the metro area the website in, Buycrash.com. I am unaware of a statutory time limit for them to be available, or when the switch to a third party occurred. In regards to question number 4, you aren't required to consent to a blood draw or pbt, but there is an administrative penalty in not consenting. I believe that has been address prior to my post. Most of the time, the determination of an SBI crash is made by onscene medics. Sometimes its obvious, like if they get their arm cut off, lose consciousness, etc.

 

[Pancake]

As I recall, the exception is that they don't have to be read implied consent or offered a breath test while unconscious. As noted above, that code section is generally regarded to be unconstitutional as applied to people not showing impairment.

an unconscious person can't consent, but the officer can always get a warrant if they believe probable cause is met. If the unconscious person is the causation of the crash, that burden should be easily met.

 

[Hop]

I was hit on Feb 9th. buycrash.com emailed saying my report was available yesterday. What that means is you head over to pay.indy.gov to find it for half the cost, $6 vs $12.

Now, if I could only get my property back from impd.

 

[Frank_N_Stein]

I was hit on Feb 9th. buycrash.com emailed saying my report was available yesterday. What that means is you head over to pay.indy.gov to find it for half the cost, $6 vs $12.

Now, if I could only get my property back from impd.

Keep calling the Property Room.

 

[HoughMade]

I've had money within a week both times. Am I just especially lucky?

I depends upon what you are trying to get.

Property damage (your car) only? That happens pretty quick.

Medical bills for a temporary, obvious injury, say an ER visit and follow up at primary care? Several weeks to a few months.

Larger medical bills from a serious injury (real or claimed) with longer term care, lost wages, lost earning capacity and throw in "pain and suffering"? Several months to 4 years...sometimes even longer.

The more objectively observable an injury is, the faster things happen. Broken bones on a x-ray move fast. Soft tissue injuries that don't show up on any test and subjective pain- much, much longer.

 

[Hop]

I depends upon what you are trying to get.

Property damage (your car) only? That happens pretty quick.

Medical bills for a temporary, obvious injury, say an ER visit and follow up at primary care? Several weeks to a few months.

Larger medical bills from a serious injury (real or claimed) with longer term care, lost wages, lost earning capacity and throw in "pain and suffering"? Several months to 4 years...sometimes even longer.

The more objectively observable an injury is, the faster things happen. Broken bones on a x-ray wove fast. Soft tissue injuries that don't show up on any test and subjective pain- much, much longer.

This is what I'm pondering right now. Go see my specialist knee Doc. The sore neck, back, wrist seem to not be so bad with large doses of Advil (until it starts bothering my stomach) but my knee has really been bugging me. I haven't been able to jog since & I ran a 5 mile Run-N-Gun the week prior and my knee was fine. Feet were killing me @ that event but knee was fine.

 

[HoughMade]

This is what I'm pondering right now. Go see my specialist knee Doc. The sore neck, back, wrist seem to not be so bad with large doses of Advil (until it starts bothering my stomach) but my knee has really been bugging me. I haven't been able to jog since & I ran a 5 mile Run-N-Gun the week prior and my knee was fine. Feet were killing me @ that event but knee was fine.

I'm not giving legal advice to you, but if it were me, before I signed off on anything, I would want to know what all of the injuries are and what the treatment will be.

 

[Hop]

A little update on my S&W Shield that went downtown as I went in an ambulance ride... a nice lady answered the phone and told me the officers telling people they can get their property back in a couple weeks need to stop. They only have two people processing these 15,000+ requests. She said "safe keeping" weapon returns are running up to a couple months! Other weapons being held for whatever reason are taking 4-6 months!

My EDC has had to switch over to a Ruger LCR .327 and it's no where near as comfortable. I may need to buy another gun. Oh the horror!

So, if involved in an accident, it would be of great benefit to have someone meet you at the scene to take possession of your firearm instead of allowing it to go downtown.

 

[CountryBoy19]

I could file a claim with my insurance but a rental car comes out of my pocket.

Should only come out of pocket until your company recovers from the other party's company.

We recently dealt with this. 3-vehicle accident, my wife 0% at-fault, other 2 arguing over which percentage of fault they shared. I filed with my company, they covered $X/day on rental, I'm out-of-pocket my deductible & the difference in cost on the rental (couldn't get a like vehicle at the rate my company covered) but the adjuster for my company said I'll get it all back once the other 2 companies quit fighting and pay up.

 

[Brandon]

Bmw... Thats the problem. Got hit from the side in my 330ci msport. Totaled by the kid w no license or insurance. 530i was rear ended by the same lady a few times in a row. Bmws attract the idiots on the road.

 

[Pancake]

A little update on my S&W Shield that went downtown as I went in an ambulance ride... a nice lady answered the phone and told me the officers telling people they can get their property back in a couple weeks need to stop. They only have two people processing these 15,000+ requests. She said "safe keeping" weapon returns are running up to a couple months! Other weapons being held for whatever reason are taking 4-6 months!

My EDC has had to switch over to a Ruger LCR .327 and it's no where near as comfortable. I may need to buy another gun. Oh the horror!

So, if involved in an accident, it would be of great benefit to have someone meet you at the scene to take possession of your firearm instead of allowing it to go downtown.

were you transported to the hospital for you knee by ambulance or anything? If not, I don't see why a trooper wouldn't allow you to just take your possessions with you, including your firearm, if properly licensed and such. If you went by ambulance, IEMS won't allow you to take it. They even require police officers that are being transferred by ambulance to disarm (which I think is stupid), and the tow company isn't allowed to tow with a known firearm in the car. In that situation I understand the taking of the firearm for safekeeping.

 

[JettaKnight]

Bmw... Thats the problem. Got hit from the side in my 330ci msport. Totaled by the kid w no license or insurance. 530i was rear ended by the same lady a few times in a row. Bmws attract the idiots on the road.

Well, that's not exactly how it works...

 

[Brandon]

I know i know bmw drivers are the butt heads on the road. Funny when you are driving one how many will cut you off and leave you no room so you have to hit the brakes and pray the guy behind you is driving good.

 

[CampingJosh]

I know i know bmw drivers are the butt heads on the road. Funny when you are driving one how many will cut you off and leave you no room so you have to hit the brakes and pray the guy behind you is driving good.

Double that for riding a BMW. I ride very defensively, and yet some people think that it's a status symbol and that I'm showing off. Never mind that Beemers are markedly less expensive than Harley-Davidsons.

 

[brotherbill3]

A little update on my S&W Shield that went downtown as I went in an ambulance ride... a nice lady answered the phone and told me the officers telling people they can get their property back in a couple weeks need to stop. They only have two people processing these 15,000+ requests. She said "safe keeping" weapon returns are running up to a couple months! Other weapons being held for whatever reason are taking 4-6 months!

My EDC has had to switch over to a Ruger LCR .327 and it's no where near as comfortable. I may need to buy another gun. Oh the horror!

So, if involved in an accident, it would be of great benefit to have someone meet you at the scene to take possession of your firearm instead of allowing it to go downtown.

Just saw / following this - in 2010; BTDT ....
took me 5-6 trips to downtown (2 were complete waste of time) and about 3 months ...
Gun (revolver w/ removable cylinder) was returned separate from cylinder/ammo ... prints were required. twice.
There was banded packaging tape and industrial strength zip ties as well. ... and a police escort.

I'll look for the text, I have written it up somewhere. ... take notes - we all enjoy stories.