Some of you might have noticed my scarceness over the past week or so. I'm back.

Finally! After almost three years and a week in court it is over, and I was cleared of any contributory negligence in the accident I witnessed.

Almost three years ago my friends and I were coming home from the Streets of Willow Springs where we'd attended a track day on our bikes to practice. I was in my '98 F-150 and towing a 5x10 utility trailer with two bikes on it and one in the bed of the truck.

We were in the number 1 lane behind a tractor trailer rig passing a lower moving car up ahead in the number 2 lane when we were approached by a car coming at high speed. He attempted to pass on the right and then realized the way was blocked by the slower moving car. He braked and swerved back to the left but like a total spaz lost control and spun the car and wrapped it around a light standard. He was seriously injured and his wife was banged up a bit - but thankfully they had just dropped off their 3 month old daughter with a sitter and she wasn't with them at the time.

We stopped to render what aid we could as did a number of other parties. Not much we could do though until the emergency crews arrived. I gave a statement to the CHP as did my friends and a few other people.

A month later I received a letter from a local ambulance chasing attorney that they thought the accident was my fault and to provide all my insurance info. I couldn't believe it. I was able to obtain a copy of the accident report from the CHP and it was listed as a single vehicle accident caused by high speed and an unsafe turning movement. I was listed as a witness but not as an involved party. In inexplicably none of the other witnesses were listed.

I contacted my insurance company - Allstate - and they have been great throughout this whole thing and they refused to settle the $1,000,000 law suit that was being filed.

I contacted the CHP and requested that they amend the report to add the statements of the other witnesses and they did add one back in which helped.

The trial took a week and it was tough listening to outright lies by the Plaintiff and suffering through the dirty tricks and pointless delays of their lawyer.

PSD and SD owners beware, a very big deal was made by the Plaintiff's attorney of the fact that I was towing my trailer at 70 MPH when the vehicle code in California requires that truck and autos with trailers travel at only 55 MPH. The flow of traffic was 70 MPH and the Plaintiff was found by their own accident re-constructionist to be approaching at well over 80 MPH.

All the lies and dirty tricks didn't work and the jury returned their verdict - no contributory negligence. The verdict was unanimous and several of the jurors actually had joyful tears in their eyes for me as we talked after the trial - it was quite touching.

So while we PSD owners talk of being able to pull huge loads up hills at 65 or 70 MPH, be warned that if anything happens and you're in California, they will make a big deal of it even if the speed had nothing to do with anything. When they don't have a case they will grasp at any straw they can find.

Daryl

 

WB Daryl and congrats on being found not guity on such a preposterous charge.

 

Super...SUPER...major congrats!!! And in CA too! Exceptionally HUGE win.

 

That is excellent news! Sorry you had to endure it in the first place.

 

Welcome back !!!

Do u have a fraud and slander suit against the ambulance chaser and the liar ?

I think there should be a danger of filing a frivolous lawsuit !

 

I am appalled at what you and you family had to go thru. Someone not taking responsibility for his or her own actions and wanting to blame others for their behavior. That really boils me. I am glad to hear of your favorable outcome. Do you have any recourse for this outrageous action?

 

and Congrats!!!!!!!!!!!!!!
EJ

 

That is great to hear Daryl. Too many times the outcome is the other way, I'm proud of you and AllState for fighting this idiot.

 

Great news! I'm so happy for you and your family. It must have been a nightmare up until then.

So from now on we shouldn't stop if we see an accident for fear of the people we would like to help will turn around and sue us? It's very sad...

 

Wow - what a nightmare! Where I live that would have been a Careless and Imprudent Driving charge for the guy and we would laugh him out of court! Glad you are back.

 

Sadly, these people have no money at all and while there might be some satisfaction in winning a suit for malicious prosecution against them, in the end it's not worth the time and energy.

It would be nice to go after the lawyer but they are pretty protected - just doing their job as a hired gun you know . . . yeah right

 

The saying go's "If it wern't for good lawyers we wouldn't have bad criminals!"

 

Its a shame. Even though you won, you lost. You had to defend yourself, call police etc

 

Daryl, im glad that all turned out the way it should have, I beleave in honesty no matter the out come, and im glad to hear that honesty prevailed.
Jeff

 

Hey Daryl congrats!!!! I kind of agree with jdadmsjr, look inot how much it might cost to bring them up on slander. If it isn't all that much (time and money) it sure would put the sue happy idiots that don't want to earn money that way the rest of us do in there place. Sorry got a little carried away there for a moment. I guess I have a problem with people trying to lay the blame on someone else.

Toyman