Value in rebutting a VCR?

[Cincinnatus]

LEOs,

The vehicle collision report on my collision of 13 Aug has what I would consider two significant issues.

1) An impartial witness, adult female, who parked her car behind me and put on her flashers to keep me from being run over by other drivers, was not interviewed or personal information taken down.

2) I was concussed and not particularly coherent, and the statements taken down by the officer reflect that, and were used to hang the main responsibility on me, rather than the unlicensed Indian resident.

The fact that I was cleared by the EMTs to ride my motorcycle home is a shock. I was NOT competent to ride another 18 miles on NB I880, yet the EMTs failed to recognize that, nor did the CHP officer (yes, not his lane, but I'd hope he would have had enough experience to recognize it and notify the EMTs that my refusal to transport was invalid).

All that being said, is it worth my putting together and submitting a rebuttal?

 

[jmhamilton68]

If you are oriented and can answer questions appropriately EMTs can't force you to go to the hospital otherwise that would be kidnapping. Did you sign an AMA?

 

[NorCalBusa]

If you are oriented and can answer questions appropriately EMTs can't force you to go to the hospital otherwise that would be kidnapping. Did you sign an AMA?

I read his comments to mean he didn't have mental capacity at the time to sign a release or form a qualified opinion.

 

[jmhamilton68]

If you can answer who you are, where you are, time and what happened you are considered oriented and you can sign an against medical advise refusal. So if he was able to answer all the questions and stated he didn't want to go by ambulance the crew couldn't just force him to be transported by ambulance.

 

[NorCalBusa]

I'd hate to be the lawyer for the ambulance company with that as all I had when he crashed soon after. But that's just my thinking... I get they can't hold him/take him against his will, but if the Px is altered, the Glaskow scoring is a bit more involved that that.

 

[tfkrocks]

Mechanism of injury would play a factor. If it's significant enough, it should require a hospital visit regardless of how a patient might be acting because there could be an unseen major injury.

 

[Cincinnatus]

My last pre-impact memory is being in the #2 lane with the vehicle I evidently hit being approximately 50' ahead of me in the #1 lane. My memory returns when the EMTs were moving my right leg forward so they could get my bike off my left leg. They put the side-stand down and helped me get up and my helmet, gloves, & coat off before getting me in the van and seeing how bad I was hurt. I don't know when the CHP officer showed up, and I don't know how long I was laying on the highway.

 

[Cincinnatus]

Again, my basic question - is it worth contesting/rebutting the CHP report?

 

[9integra2]

Depends what your rebutting

Was this witness really a witness, as in, did they see what happened from a-z? Just coming upon an accident and helping protect a rider doesnt mean she saw it. How did you conclude this person was a witness because from your own statements, you were in no condition to continue to ride and you had a memory lapse? My guess is that this person most likely left as soon as the first responder arrived because she didnt really see what happened or she was asked if she saw what happened and her answer was no and then told to move along.

And what everyone already said is correct, if you answered all the paramedics questions and show no signs of disorientation, then they have no right to transport if you declined. they have to articulate why they transported someone against their will and in your case, they probably found no justification.

 

[bojangle]

Was this witness really a witness, as in, did they see what happened from a-z? Just coming upon an accident and helping protect a rider doesnt mean she saw it. How did you conclude this person was a witness because from your own statements, you were in no condition to continue to ride and you had a memory lapse? My guess is that this person most likely left as soon as the first responder arrived because she didnt really see what happened or she was asked if she saw what happened and her answer was no and then told to move along.

And what everyone already said is correct, if you answered all the paramedics questions and show no signs of disorientation, then they have no right to transport if you declined. they have to articulate why they transported someone against their will and in your case, they probably found no justification.

Pretty much this.

However, if you need to add to or change your statement because you now remember more than you did when you have your initial statement, then just contact chp. What is it you are trying to rebut?

 

[danate]

Mechanism of injury would play a factor. If it's significant enough, it should require a hospital visit regardless of how a patient might be acting because there could be an unseen major injury.

Still can't force someone to go unless they are of an altered mentation. They can be standing there bleeding out in front of you and refusing and you can't do anything (until they become altered or pass out).

A simple loss of consciousness doesn't constitute altered mentation, that's why standard assessments such as the A&O x 4 and GCS aren't everything in assessing someone's mental status.

 

[Cincinnatus]

Pretty much this.

However, if you need to add to or change your statement because you now remember more than you did when you have your initial statement, then just contact chp. What is it you are trying to rebut?

When I fell, I was perpendicular to the direction of travel, pinned under the motorcycle on my left side. On arrival, the EMTs (Paramedics Plus) had to move my right leg forward and up to get my bike off my left leg. The CHP report states "... he fell off his bike and hit the roadway. After hitting the ground he got up and walked his motorcycle to the right shoulder and awaited CHP arrival."

Do I need to get the detailed report from the paramedics on what they did for/to me before the CHP arrived?

 

[9integra2]

If thats the only disagreement with the report, you can submit your claim for change, but it wont change who is at fault...which is the most important part. Personally, i wouldnt care if the report claimed martians from venus were walking on the freeway as long as they find them at fault and not me. Unfortunately, the rebuttal to your rebuttal will only state that after the collision you claim this happened, but it does not change the outcome of who is at fault.

 

[Cincinnatus]

I've got other stuff I'm putting into the rebuttal. I'm not just a one-trick pony. :x :teeth

 

[RightCoastBias]

Don't you use a camera, Cin?

Does that help your cause at all?

 

[tfkrocks]

Still can't force someone to go unless they are of an altered mentation. They can be standing there bleeding out in front of you and refusing and you can't do anything (until they become altered or pass out).

A simple loss of consciousness doesn't constitute altered mentation, that's why standard assessments such as the A&O x 4 and GCS aren't everything in assessing someone's mental status.

I didn't mean forcing a patient to go, but properly assessing the mental state of a patient based on mechanism of injury and not just being AOx4.
The question is if he was actually mentally competent enough to comprehend the risk of refusing transport at the time. Based on his own assessment after the fact, he probably wasn't. I'm sure there would be more of a case if he crashed again due to being mentally incompetent after refusing transport but isn't exactly a better outcome. However, if the paperwork was really done correctly, then that would protect the paramedics well.

Is there any documented proof of head injury?

 

[JimE]

Interesting question. I would like to know the answer.

Threads a little focused on the medical aspects.

So from what I understand from OP (correct me if I'm wrong);
-Accident report puts OP at fault.
-OP has eye witness, reliable testimony that refutes this.
-OP has no personal recollection of accident.
-Police report has erroneous, inaccurate and missing information that is pertinent to weight of decision.

So yes I'm interested in how one goes about fixing such things and what process it takes. Mistakes are made how do we address them?

 

[SLOWREX03]

I've got other stuff I'm putting into the rebuttal. I'm not just a one-trick pony. :x :teeth

if you want a real answer here you should stop being so cryptic. :rolleyes

none of us can give you an accurate opinion if you wont tell us how you plan to show that the other party was at fault.