04-17-2010, 02:52 AM
I just posted a question about my fiancee's bicycle accident, and the Austin police department took down NO WITNESS information, although he was on the ground being attended to by EMS. We have since discovered a bias against cyclists...and we've got it on VIDEO.
We started out with no witness information whatsoever. However, through a lot of phone calls and a little detective work, we now have three! I contacted the police department's record group, and asked for copies of the 911 calls, which are public domain in Texas. I also called and found out who the officers were, and had their sergeant have them check their journals for any notes. We found one witness! We were lucky on one more...the officers didn't offer him a ride, but another girl at the scene drove a black VW beetle, and was wearing an Army uniform, and we were able to track her down.
But the best witness we got came from the 911 call. The paper printed version of the call record had his information blanked out. However, the AUDIO recording they gave us had his phone number. We called him, and he is going to be a good witness.
We also obtained the in-car camera video from the officer's patrol car. That's where we catch him saying all sorts of terrible things about cyclists.
We are having to file on my fiancee's PIP coverage on HIS insurance to cover the out-of-pocket medical costs, and I believe that's also used for underinsured/uninsured motorist claims.
Even if you sue this person, if they have nothing, there's nothing that can be done. I had someone in Texas owe me money, and I was told even if I hired a lawyer and took him to court, that the court couldn't force him to pay. The amount to hire a lawyer is more than what he owes me. They said the only way they'll enforce a judgment is if it's child support.
Good luck...and keep us posted. Call your police department's records department and start asking questions...pester them!
We started out with no witness information whatsoever. However, through a lot of phone calls and a little detective work, we now have three! I contacted the police department's record group, and asked for copies of the 911 calls, which are public domain in Texas. I also called and found out who the officers were, and had their sergeant have them check their journals for any notes. We found one witness! We were lucky on one more...the officers didn't offer him a ride, but another girl at the scene drove a black VW beetle, and was wearing an Army uniform, and we were able to track her down.
But the best witness we got came from the 911 call. The paper printed version of the call record had his information blanked out. However, the AUDIO recording they gave us had his phone number. We called him, and he is going to be a good witness.
We also obtained the in-car camera video from the officer's patrol car. That's where we catch him saying all sorts of terrible things about cyclists.
We are having to file on my fiancee's PIP coverage on HIS insurance to cover the out-of-pocket medical costs, and I believe that's also used for underinsured/uninsured motorist claims.
Even if you sue this person, if they have nothing, there's nothing that can be done. I had someone in Texas owe me money, and I was told even if I hired a lawyer and took him to court, that the court couldn't force him to pay. The amount to hire a lawyer is more than what he owes me. They said the only way they'll enforce a judgment is if it's child support.
Good luck...and keep us posted. Call your police department's records department and start asking questions...pester them!