Q: I was hit by a forest cop on one lane FS road blind curve. Please help, the damage is extensive.
I was coming up he was coming down the blind curve. Cliff on my side. One lane road. I swerved to avoid hitting him and he never even hit the brakes. My insurance lapses by a few weeks due to covid related financial issues. I have court coming up to contest the traffic ticket they gave me which was bogus, but I want them to pay for the damage. I have typed documents from my insurance company saying I have been was o time with my payments up til then and that they tried to reach the Forest service multiple times with no reply. I did as well. I got a damage estimate done by west coast auto body Nd it comes out to around $3,100 in damages. I also have take pictures of the accident site to show the judge.
-this took place in Florence, OR sorry not Antioch, CA
A: Since you were hit by a cop in the state of Oregon, tort claim notice will need to be received by the employer and/or city/county/state attorney of the cop who hit you within 180 days. The hearing for the ticket will be important, as the judge will be determining weather or not you were at fault for the accident. You should prepare for trial. If there is a hearing on the merits regarding liability, I expect this to be binding in relation to any civil case. Be sure to bring photos of the accident scene and vehicle damage and mark these as exhibits for your trial. You may want to hire an attorney to represent you for the ticket.
Virgil Royer agrees with this answer
A: I would add to the previous response a little. You did not say what your ticket was for. If the ticket was related to arguments revolving around why you think the Forest /Park Ranger ("Cop") should pay--then you will need to defend the ticket and prevail on the merits; otherwise, it will be nearly impossible to prevail in a civil action against the driver of the park vehicle. It will make a difference why you were cited. Was it "failure to yield right of way" or "Violation of the Basic Speed Rule (VBR)" or "Expired Tags on your License Plate"? Also, as important here, if you want to seek damages, you must timely file a tort claim notice for damages with agency. You should request information about where and with whom to file the notice within that agency. You should seek the consultation of an attorney who could hear your story and ask you the necessary questions to properly advise you in this matter. I am sorry for the damage to your vehicle and the issues you are dealing with due to the COVID-19 pandemic, which has truly caused many to suffer.
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