Head on collison with County employee--the blame was wrongly placed on me.

[Mrs C]

My kids and I were involved in a head on collison to which the other driver was a county employee IN a county van (in Illinois). I received injuries that required emergency surgery and several days in ICU(my son was treated and released--my daughter spent three days in the hospital). The other driver was released from the ER with a broken bone in his foot. The COUNTY police officer on the sceen who took the accident report took my statement the next day. I couldn't remember what had happened (I was on morphine and vicodin). He told my husband (my sister overheard) that he had three eye-witnesess at the sceen who saw me turn in front of the van. Therefore, I was ticketed with failure to yield. Me--not being able to remember what happned--heard this being talked about later. SO...I assumed that I was the one to blame. When I was released from the hospital eight days after the accident--we obtained a copy of the police report. No where on the report was my statement to be found. And, the witnesses he interviewed had all turned their heads prior to the collison and therefore did NOT see what happened. The other driver gave two statements. One was at the sceen where he stated that he thought I was going to turn in front of him. The other was in the ER where he said that he thought I was going straight, but that he really didn't remember much about the accident. Since the accident--my insurance co. has paid for his medical bills and his workman's comp. I got 5,000 paid on my bills (and the same for my kids--which they did not use up the 5,000)which will not begin to cover. I am scheduled for bench trial in July and I'm scared to death. I really do need a lawyer--but am really not able to afford it. Can I do this myself? I'm petrified that if I am found guilty--I'll be sued by the other driver. The funny thing is--a few days ago I was driving (for the first time since the accident) past the same intersection--and was able to recall the details of the accident. The other driver crossed the center line to pass a car that was in front of him. He struck me head on.

 

[Janrm]

You need to talk to those witnesses and you need to talk to any business employees near the scene that may have observed your side of the story when they were working that day. It is not unusual to forget an accident until a later time. If this accident was in a busy business district someone probably saw it that works in the area. Best wishes.

 

[Mrs C]

More info.....

Thank you for responding....
The collison was at a rural intersection. There are only two homes nearby. As far as I know--no one has come forward with information. As far as the two other cars that were at the intersection(one just so happened to be my brother-in-law)--both had turned their heads, heard the crash and then turned back to see me and the other driver AFTER the impact.
Should I go to those two homes--and ask if anyone there had seen anything?
Also--can I "defend" myself at the bench trial or do I really need a laywer?
Thanks for your help.

 

[Janrm]

Yes, you should go to those two home before the other party gets their statements and/or support. No, you should not represent yourself with this case; because of two reasons. 1) It involves a suit against a county employee. You need to find the most respected lawyer in town to represent you. I live in a small city and I know the importance of having representation in such a case as yours. Especially when hiring the right lawyer, (who knows the judge personally usually and socializes with them/attends their church) can make or break your case. 2)Your suit isn't cut and dried with your original statement (or lack thereof) conflicting now with your memory. Hang in there! You can win but you will have to get the right legal representation. It will cost a little up front, but you can get your money back when you win. The county will not just settle unless you make it clear that you will sue. Another thing, it is a possibility that a lawyer can negotiate a settlement out of court for you. The county will NOT want the public to know of this potential suit. Do you know anyone at your local paper? One phone call from the press seeking info. about a "county lawsuit" could really help your case get settled "quietly."