My sister and niece got ran off the road and our car got wrecked

With everyone carrying firearms today it is best to just back off but I know that advice doesn’t help now. My guess is there are going to be multiple citations given with his being much more serious.

I think next time my sister encounters someone driving somewhat crazily, she'll back off.

She's smart enough to learn from her mistakes, although I think she handled the incident very well compared to the other party.

She cannot see into the future.

Lawyer up, press criminal charges, sue the F out of them, after win carry through with garnishing of wages, liens etc.

This is all wrong, you should not be interacting with the Police, without a lawyer. You should not be posting in this thread.

Get a Lawyer. As soon as you do that, the Police are obligated to stop contacting you directly. And your lawyer will advise you to stop posting in this thread or anywhere else.

Very sorry for your sister and Niece being injured, I hope they heal well.

GET A LAWYER!

There’s a very helpful lecture on Youtube that I’ll link later if I can find again. It aligns with what jon_slider is recommending. One of the presenters is a lawyer and the other is a police officer IIRC. The short version is that you should never EVER talk to the cops about an infraction even if you know for 100% certain that you did not commit any wrongdoing. You should also never admit to anything since even the smallest thing phrased the wrong way can hurt you in court.

Edit: I think the video is just called, “Don’t Talk to the Police.” The posting channel is Regent University School of Law

In the words of Yoda…“Yes!, to John_slider you listen!” At this point you are an uninvolved party who has become involved so it is best to stay as incognito as possible. As one who works with insurance companies all way, I will tell you that insurance companies are bean-counting miser penny pinchers who do all they can to pay the least amount t while nearly always finding you at fault until they finish their investigation then you may be exonerated. Your sister needs an attorney since there may be possible criminal al charges. Hunker down and be prepared for a long legal procession…

I disagree.

At the time his sister passed the other vehicle, the other driver was also committing a moving violation: He was driving on the wrong side of the road.

Also, why did the crash occur? It occurred because the other driver intentionally drove into his sister. There’s no mention of the other driver being forced to do that (such as an incoming traffic coming from the opposite direction). From the fact pattern presented, the other driver simply chose to ram his sister off the road in an unprovoked attack. Just the fact that she may have been performing an illegal pass at the time does not absolve him of fault.

If I were the judge I would find the other driver 100% at fault. That said, it is possible that his sister might have some minor criminal liability for illegal passing. I’m not sure what her liability could be… probably just a traffic citation (traffic ticket). While his could be misdemeanor and felony charges for reckless driving, assault and battery, child endangerment, even attempted murder.

That said, Jon_Slider does have the best advice: Do it right by consulting an attorney asap.

After hearing your description, I am of the opinion that if the speed limit was not broken by your sister, the ford pickup was attempting to detain her progress. I dont believe anybody should have to “back off” or “back down” when someone tries to restict your forward movement with agressive tactics. To me, doing so is the same as trying to restrict ones retreat, which is akin to kidnapping or unlawful detainment. When trying to flee or avoid aggressive behavior, the direction of travel should not matter- and in the case of road rage on a two lane road, it can be more dangerous, for a number of reasons, to try to turn around than to continue in the same direction of travel. To me, after a certain amount of aggresion, it becomes about surviving rather than traffic law minutiae.

The video may (or may mot) show there was an obvious threat from the other party. One can’t be expected to not attempt to go around/bypass any other dangerous obstscle in the road such as a tree, a car on fire, or an overly agressive driver intent on blocking your lawful movement, in order to continue to your desired destination.

One does not give up their freedom to move about at will just because another driver decides to restrict it with force or aggresion.

Just my 2 cents, which may only be 1.5 at this point.

A man from the California Highway Patrol came to our house.

He watched the video and talked to us.

He thinks that the incident is not an accident and that it was done on purpose.

He contacted the Sheriff's Department.

A man from the Sheriff's Department came to our house.

He watched the video and talked to us.

He did not decide if the incident was an accident or if it was done on purpose.

I gave him a flash drive with the video files one it.

He then left to talk to the other party to try to determine if it was an accident or if it was done on purpose.

The two men that came to our house were very friendly.

We didn't say anything stupid to them.

Neither of them mentioned anything about passing the other party illegally, though that doesn't mean it didn't happen, but it's still a good sign.

The whole process that I have described took several hours.

We'll see how this plays out.

Best of luck & keep us posted as you can. Very glad there were apparently no serious injuries.

100% this, close this thread and protect yourself. Bad outcomes come from good faith interactions with the police. If you have the financial means, get a lawyer involved as early as possible. Glad your sister and her child are OK, I hope they don’t have any lingering complications.

When it comes to making a statement to the police, the "other party" has more to worry about than you do. Deliberately crashing a vehicle into another could result in being charged with assault with a deadly weapon. I'm no lawyer, but when a major crash occurs, I think the charge can be elevated to aggravated assault with a deadly weapon, making the penalty even higher.

Most people who are trying to hide something will lie when talking to the cops, but that gives the cops an opportunity to trip you up. Better is to make no statement, and invoke all of your constitutional protections.

As the lawyers in the videos above make clear, even the innocent can lose when they cooperate with the police.

Nevertheless I think you were right to turn over your video evidence.

ALL of us are armchair-lawyering, etc., so just take the advice to keep statements to yourself. Best would’ve been to not even mention any dashcam footage even at the scene of the accident. Let the schlub hang himself with lies. “She tried running me off the road first!”, etc. Then when everyone’s circling you (her) for the kill, drop the v-boemb… “I gots video!”.

Then screw him to the wall.

You still need to contact a lawyer today.

Don’t wait to see what happens, lay the groundwork and get legal advice now because dotting your i’s and crossing your t’s makes your life easier later.

You can bet your ass the perp will have a sleazy lawyer coming after you.

I'm not much of a suer so i wouldn't be out to make more of this than exists . involving lawyers who want to get paid is probably unnecessary unless you think there are real or serious injuries to the girls . I kind of like lightbringers idea of let him lie and hang himself when video shows something different .

For reasons discussed here not bringing up the fact there was a dash cam taping everything until later that day might be smart . in case someone in the car actually says something like "Oh no ..Why did I do that "? or " It's all my fault " I shouldn't have tried to pass ! etc.

Did you view the footage before the police got there ?

I'm wondering what the legal ramifications are if you don't reveal that there is a dash cam .If no one knows or asks do you need to offer it up as evidence ?

I'd want to know two things . how wildly was he driving ? was his intent clear? Secondly If he hit the car and how hard .Again...was there intent ? forcing someone off the road is one thing but hitting the car is another .Also how far up along side was your sisters car when contact was made.

Since individual states laws are so different than one another's ,taking any advice off the internet is like asking what kind of light to EDC .

You can always get an attorney later or sue anyone for anything at anytime .

I disagree, if the guy tried to commit murder you can bet he will have a lawyer.
RC’s family should not bring a knife to a gun fight.

RC - big thing is it sounds like everyone will be physically fine in the end. Secondly, good luck in the legal world.

Quickest and easiest way to torpedo the putz’s credibility. Comes in handy if/when things get to court.

It could potentially rise to some level of assault. I’m going to speculate because that’s what everybody in this thread is doing. The Toyota comes up behind a “slow” moving truck. “Slow” relative to the car. Probably at or just under the speed limit. The Toyota follows too closely for some distance and then decides to pass. The cussing may have already started before the first pass attempt. The Toyota moves left with or without a turn signal and the truck does also. Plenty of cussing commences. The Toyota continues following way too closely. Likely left of center trying to see around the truck to make another attempt at passing. The driver in the truck moves left of center to block the view of the Toyota. Serious cussing ensues in both vehicles. The truck driver intends to signal to the Toyota that he is not going to be passed on the left. He does this by moving well left of center of an unmarked road. After an unknown time the Toyota driver hits the gas and attempts to pass on the right. The driver of the truck sees this and moves right to block. The driver in the truck was not expecting somebody to attempt to pass on the right. The driver in the Toyota was not aware that passing on the right was illegal. And at this point in time wouldn’t care even if it was known. More cussing ensues in both both vehicles. I kind of doubt that the driver in the truck intended to force the Toyota off the road. He was likely simply trying to keep the Toyota behind him. It happened fast. The driver in the Toyota figured if she could get a nose up beyond the rear bumper the truck would not move over. Regardless of what the police charge either party with, it would still require a prosecutor to take it further. The video likely shows erratic aggressive moves by the driver of the truck. But it also shows somewhat aggressive driving by the driver of the Toyota. And as we already know without seeing or hearing it plenty of cussing. I don’t think it ends up with assault charges brought by the prosecutor. In the end you have two aggressive drivers that miscalculated the other drivers moves.