NEED ADVICE ON DRUNK DRIVER RUNNING INTO ME AT GLAMIS

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tm1987
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NEED ADVICE ON DRUNK DRIVER RUNNING INTO ME AT GLAMIS

Post by tm1987 » Tue Jan 08, 2013 9:22 pm

I was driving my sandrail down the washes with 5 other cars in our group, we were traveling in a straight line headed back to camp. Suddenly a dirtbike came out of no where and smashed into the passenger side of my rail. I immediatley jumped out the kid riding the dirtbike was injured pretty bad, he was immediatley apoligizing to me and my passenger and said he was trying to catch up to his friend and didnt see us. I called 911, the entire time we were waiting on the officers the kid kept requesting drugs or alchohol from us. Then when BLM arrived the first thing they asked him obviously for medical resasons was if he had used drugs or alcohol, he admitted he had been drinking shots and beer all day long and smoked pot, the helicopter showed up and they took him for medical treatment. I asked BLM officers if I could have a report of the incident and they said no that they did not take reports and that the recreation area is a open course for riding and everthing is considered no fault. They wouldn't even give me his name or anything. I loaded my destroyed car up and left the next day. Well a year later I recieve a call from a private investigator, which I have no idea how he got my information, and then was served with lawsuit paperwork in the mail. I'm beside myself that this person would even have the option to sue me after he was driving drunk and broad sided me. It wasn't his motor cycle supposidly it was owned by his friend. I live in Arizona so I had to retain an attorney in California to respond to the lawsuit which cost me all of my savings, the kid admitted in the responses in the lawsuit that he was drunk and on drugs but trying to say I was the wreckless driver. I'm out of money and have no idea what to do because obviously I cant ignore this or he will get a judgment for whatever he wants. I just dont even see where he has grounds to sue me. I'm wondering if anyone has experienced this type of situation or could provide some legal advice to steer me in the right direction? I have the information of the owner of the dirtbike I was considering filing a counter suit for damages to my sand rail, I'm just lost out of money and not sure what to do at this point. It just blows my mind people can sue for something that's not your fault and try to take everything you have. any help would be greatly appreciated thanks!

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LoBuck
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Re: NEED ADVICE ON DRUNK DRIVER RUNNING INTO ME AT GLAMIS

Post by LoBuck » Tue Jan 08, 2013 11:55 pm

If you haven't already, you should check directly with the BLM El Centro Field Office. You will need to provide them with as much info as you can so they can research the incident. BLM keeps records of every medical call they roll on. If there was law enforcement there then they should have records of that as well. Don't get your hopes up for info that will give you a slam dunk defense. You probably won't be able to get a lot of details from the BLM due to privacy issues, but you never know what might be able to help you. Good luck.
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