The law stinks here.

[megax11]

Ok first of all I need everyone's prayers (for those who believe.)

The reason?

Last night, a lady goes to the carwash to wash her car. she goes to the side of her car, only for a truck to slam her from behind, but hard enough to hit her, knock her back.

This lady is in critical condition, with bleeding in the brain, broken hip, collar bone, arm, wrist, and hip.

This lady is 72 years old, and she is my hero... My grandmother. An angel among grandmothers who is a strong believer in god.

Here is where it gets funky.

The people who ran her over aren't in any trouble at all. They're the ones who called the cops, and got to go home to nice food and a good bed, while my grandmother lies in a hospital bed, hanging on to life.

GET THIS!!! It was a dad and his daughter who were occupying the truck. The dad decided to let his TWELVE YEAR OLD DAUGHTER drive. She gets gas happy, while pops teaches her how to drive, and my grandmother gets to lay in a hospital bed for it.

Bad dad in my eyes.

Seems the cops say that since it happened on private property, no criminal charges can be filed. Yep... They get off scot free.

Dad probably traumatized his daughter, since its her first time trying and she nearly kills someone. That's even if she feels bad.

I am closer to my grandmother, than anyone else in my entire family, and I feel without everyone's prayers, she won't make it.

I always promised her I would walk her down the red carpet when I go to a movie premier of a film I made sometime down the line.

Now I can only rely on God to help pull her through this.

The laws here are stupid, and aparently I can let my 7 year old son drive in a parking lot if I wanted to. Sad to say, if I held a grudge against someone in the lot, I could freely run them over, or have my son do it, and guess what? Wouldn't be in trouble.

Not that I would, but still. This is idiotic. A driving lesson for someone who won't drive for 4 more years, lands a blow to the most important lady in my life.

Pray for my grandmother if you would please. Her name is Peggy. Thank you.

[Midtowner]

You should really talk to a lawyer about this. I won't say any more than that, but you do need an attorney.

As for the lack of criminal charges, I wouldn't say 'case closed' on that either.

You have every right to be angry.

[kevinpate]

For what it is worth, I believe there are indeed options open for your relative, and I don't believe these are limited to just civil action options.

If you have not already done so, consult an attorney. If you do not know an attorney, and do not wish to pick one out of the phone book, you can ask friends and other relatives or folks you respect from your church for a recommendation.

Again, for what's it's worth, if it were me and my granny, I wouldn't piddle paddle around on the matter, or accept the legal conclusions of a non attorney as to what options exist.

Luck to you and blessings for your granny.

[mireaux]

just one of many reasons why car washes should be equipped with survelliance cameras...maybe then i could find the bastard who stole my floormats when i accidentally clipped them to the brickwall to wash and hang dry.

[megax11]

Yeah, according to the cops, if you are in a parking lot it is considered private property and anything goes.

I mean if I get a lawyer, what should I sue for?

I'm not one of the sue happy people who think money compensates for someone.

I mean I would like justice to be served at least on the bad father who let his 12 year old drive a truck.

What should I have an attorney do?

[PennyQuilts]

So sorry about your grandma. Even if criminal charges end up being filed, it doesn't surprise me that no one was arrested. Oklahoma's law is probably pretty similar to anywhere else. Criminal negligence is often difficult to prove and the DA would probably want to study on it. Again, prayers for your grandma.

[Mydalmationis8]

"I mean if I get a lawyer, what should I sue for?"


There is a concept in the law called "Negligent Entrustment" which covers situations such as this. It's the dad, not the girl, who gets sued. If he has insurance, you may have a source of funds to collect from (even if dad is otherwise a pauper).

Call an attorney.

[Curt]

Yeah, according to the cops, if you are in a parking lot it is considered private property and anything goes.

I mean if I get a lawyer, what should I sue for?

I'm not one of the sue happy people who think money compensates for someone.

I mean I would like justice to be served at least on the bad father who let his 12 year old drive a truck.

What should I have an attorney do?

Yah but I bet if you were driving your vehicle through a parking lot without your seatbelt on they'd be more than happy to write you a ticket...why?

Revenue that benefits them...

So I guess if your gonna sell drugs or have public sex you are ok doing it in a parking lot..good to know..

Thats the law working for you...sorry for your grandmother I hope she fully recovers and I hope you get a lawyer and sue the crap out of the dad and the lazy, useless cops.

[Karried]

eeek.. that is horrible!

But, the good news is that there was a police report so that gives you an advantage of actually knowing who the perpetrator is and who you can actually go after for damages.

I have to agree with the others, Seek the advice of an attorney asap.

I hope your Grandmother gets better soon! Sorry to hear this happened.

I do believe someone needs to be held accountable and although criminal charges might not be able to be filed, that doesn't mean you don't have a civil case.... I'm no expert but I still say, call an attorney.

Best of luck to your grandmother.

[kevinpate]

I could be mistaken, would not be my first time. However, I'm of the opinion that although an officer elected to not press a citation on an event he did not witness, a citation might still be a possibility based on your own lodged complaint, provided of course you elect to do so.

[twinkles]

Would any of this need to be handled by the grandmother's next of kin, or could it be anyone?

[ronronnie1]

Get a lawyer. They'll know what to do. That's why they (usually) get paid big bucks.

[dismayed]

I'm not a lawyer, but you should be able to sue to recover all of her medical costs and costs related to ongoing therapy she might need. If you can convince a jury that the dad's actions of letting a 12 year old drive and plow into your grandpa were especially reckless, then you can possibly be awarded punitive damages as well, which is basically take the grand total of all your grandma's expenses and then multiply it by some large number just to punish the crap out of the defendant.

In a civil case you only need 51% of the jury to agree with you.... Because the odds are probably in your favor it is very likely it would never go to trial and the defendant would settle for a large sum out of court.... Find a good lawyer and he probably won't charge you a dime up front and will only charge you if you win (taking some % of the judgment).

Again I'm not a lawyer, but I've seen how these things go. I'd definitely talk to one if it were my grandma.

[mireaux]

What should I have an attorney do?

if you get the right kind of atty,.they will KNOW what to do automatically.

[mireaux]

I'm not a lawyer, but you should be able to sue to recover all of her medical costs and costs related to ongoing therapy she might need. If you can convince a jury that the dad's actions of letting a 12 year old drive and plow into your grandpa were especially reckless, then you can possibly be awarded punitive damages as well, which is basically take the grand total of all your grandma's expenses and then multiply it by some large number just to punish the crap out of the defendant.

In a civil case you only need 51% of the jury to agree with you.... Because the odds are probably in your favor it is very likely it would never go to trial and the defendant would settle for a large sum out of court.... Find a good lawyer and he probably won't charge you a dime up front and will only charge you if you win (taking some % of the judgment).

Again I'm not a lawyer, but I've seen how these things go. I'd definitely talk to one if it were my grandma.

wow...and they said watching daytime court tv doesnt teach anyone anything....yeeeaaaah...rrrriiiiiiiiighhhht

[possumfritter]

I am sorry to hear about your Grandmother, and do hope she recovers soon.

Did you by chance get the Dad's info...driver's license, registration, insurance, tag number, etc?

Someone backed into my car at a local restaraunt some years back, and I called the police because of the damage done to my car. I was able to get a report and then my insurance company went after his insurance company.

[megax11]

They have their names on the police report, which my parents are getting a copy of. I don't recall what all the cop got, but since they admitted to hitting my grandmother to the cop, I'm sure this cop got lots of other info.

I am almost ready to go to the news with this. Blow this thing wide open so Oklahomans know how safe they are in parking lots, against idiocy.

If my grandmother gets well, I might just let everything go, pending her insurance covers everything. Then I will let her decide what to do.

If my grandmother dies, then I might not be so nice, and then I will go after he dad with a lawyer, and hope I can get manslaughter charges filed. Something will happen.

I just want my grandmother to live. I don't anything more in the world.

[FritterGirl]

It's still worth investigating a personal claim. Even people who generally are not "sue happy" have to deal with these issues from time to time. In the least, if you file a personal claim, his insurance company will have to cover the costs of medical care (reimburse you for the things your grandmother's coverage does not take care of).

Find a lawyer - they don't have to go after millions - and see what can be done.

My guess is that you'd need a personal injury attorney. There are several that advertise a great deal. I know they all have terrible reputations as "ambulance chasers," and some are exactly that, but there are also some highly reputable ones. It should at least be worth a phone call and a consult.

[Thunder]

Okay, so the parking lot is private property? If she died on the scene, the police won't consider it some sort of manslaughter homicide? Private property?! That's a bit odd...

Okay, so homes are private property. A person can cause bodily harm and not be charged? It doesn't make sense.

I think the police is stupid?

[DaveSkater]

I'm so sorry to hear that Megax11! I hope your grandmother pulls thru!!!

+1 prayers

[gmwise]

I'm getting really pissed about the wrong kind of OLE (Oklahoma Law Enforcement) officers we seem to be stuck with.
read this:::
http://newsok.com/oklahoma-city-woma...ad_story_title
I want this dumbass cop, or dirty cop...not sure which he is,OUT.
Then let Frito Lay knows they need to fire this "john".
Justice needs to be everyone, not for a cop who sees this as not so bad.

[Thunder]

Smith was arrested on complaints of prostitution and suspicion of driving with a suspended license. The man was not arrested.

A police spokesman said the man was not arrested based on "officer discretion."

I'm gonna guess that the officer is a male and he felt whatever it was toward the man. Pretty much explains why the man wasn't arrested.

[bbhill]

So you're saying if someone was drunk driving in a private parking lot and killed someone, there would be no charges filed since it was private property?
You definitely need an attorney asap... good luck

[metro]

That is sad to hear about your grandmother, I hope she pulls through. As others said get an attorney ASAP. One good one I know locally that handles cases like this is:

Accident Victims Legal Rights Center
4549 NW 36th St
Oklahoma City, OK 73122-2430
(405) 232-3842
http://www.kanelopouloslaw.com/

[megax11]

Thanks Metro, I will look into it.

By the way, the cop was a female, and still a female in training I assume.

Now then, an update on my grandmother.

We have all been worried about the hip surgery, as that is the worst of her surgeries to go through. She went under yesterday at 11:45 AM to get it fixed.

SHE PULLED THROUGH!!!

I have been super happy since yesterday, they said she's been fighting hard.

I have always called her super grams, and now I see why. She is a warrior who won't take a beating easily.

They are even going to try and get her walking today. The only surgeries left are for her shattered elbow (which I don't see as bad going as a hip surgery being 72 years old.)

Just keep up those prayers, and I bet she pulls through. I couldn't be more proud of her.