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Simple question asked may solve all of your problems in a jiffy, eh?

...is that a haiku?

 
Yea, if the bag did not deploy, I think it would put the scenario where Howie hit the Lexus first on thin ice. I'm no expert but I do know that several parameters have to be met before deployment occurs. Obviously all parameters are met in a panic brake/impact, but maybe not when pushed into an object after coming to a stop.

 
Also keep in mind that the PO has the "burden of proof". He has to PROVE that is what happened. Subpoena all of his training certifications and find out what training he has in traffic reconstruction (not much I'll bet). I'm fairly confident that with a little prep you can tear him apart on the stand JUST by attacking his method. If you can show that he made a decision based off of something he doesn't FULLY understand then how can that decision be "beyond a shadow of a doubt"? Just my 2 cents, but if you're going to get measurements of cars, etc, have a reconstructionist do it. Your training is even less then the PO's. Make sure you don't present something that you don't understand. With the liability involved an attorney would be a great idea.

Good luck, and as HRZ said, we're not all jackasses...

 
Some really good advice here from our New Mexico pigs. ;)

Sorry you had to be in an accident, Howie, and then got insult added to the injury. :(

At least your Feejer is safe at home. :)

 
I had a similar incident where I stopped behind a car and then got rear ended and pushed into the car in front of me. When the cops showed up, he asked me to sign a ticket for following too closely. I insisted I was pushed into the car in front. He later checked with the driver of the front car and asked her how many impacts she felt. Her reply was only one. The clown behind me got the only ticket that day. ( I assume this meant if I hit her first, and then I get rear ended, the front car should feel both impacts)

If you got the info from the Lexus driver, call and see if they saw what actually occurred.

 
Get a lawyer. In addition to fighting the ticket make sure you sue the driver of the car that hit you. In the suit make sure you want to claim all damages and lawyer fees.

 
All good advice, guys, and Pauls927 hit on a point that I also thought about

When the cops showed up, he asked me to sign a ticket for following too closely. I insisted I was pushed into the car in front. He later checked with the driver of the front car and asked her how many impacts she felt. Her reply was only one.
The good news is, my boss is gonna get a lawyer for me to fight this sucker. I spend too much time behind the wheel of company vehicles to allow a moving violation to endanger my ability to operate company cars/trucks.

Thanks for playing the home version of "Howie Gets A Ticket"

 
Also any traffic video of the area?
In Minnesota, the traffic cameras are only used for traffic control.

Big Brother might not release the recordings to determine guilt in a fender bender.

Also keep in mind that the PO has the "burden of proof". He has to PROVE that is what happened. Subpoena all of his training certifications and find out what training he has in traffic reconstruction (not much I'll bet). I'm fairly confident that with a little prep you can tear him apart on the stand JUST by attacking his method. If you can show that he made a decision based off of something he doesn't FULLY understand then how can that decision be "beyond a shadow of a doubt"? Just my 2 cents, but if you're going to get measurements of cars, etc, have a reconstructionist do it. Your training is even less then the PO's. Make sure you don't present something that you don't understand. With the liability involved an attorney would be a great idea.
Good advice, but I'm not sure 'beyond a reasonable doubt' is the standard of evidence in this case.

Good luck, and as HRZ said, we're not all jackasses...
You've got the burden of proof on that one. Can you PROVE you're not all jackasses? ;)

Thanks for playing the home version of "Howie Gets A Ticket"
Good luck Howie. Hopefully the Lexus driver was paying attention, but the cop probably would have asked... right?

 
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The Ford hitting you means he had insufficient stopping distance. That's an almost guaranteed citation around here and the only question becomes who else had insufficient distance. The cop assumed that you did.

A few other ideas and I see some others have suggested similar, all of which are perishable and will need to be done fast:

See if there are skid marks on the pavement that you can photo. Skids from a stop begin differently than those of braking. Don't be surprised if there are none, as many folks so lightly rest their foot on the brake at a light, but you saw the truck coming so maybe tensed and will be lucky.

Get a statement from the Lexus owner about HOW LONG they had been sitting still and whether there were two thunks. Unless he/she wants to totally back up that you were at a full stop and pushed forward, nothing else matters from them, as they are the hittee.

Then hit the gas stations and other stores on all 4 sides of the intersection to see if there is a security camera.

Align the heights of where the initial contact marks are on that Ford's bumber and back of your car AND measure the heights while sitting stil. Do this fast, because insurance companies promise fast repairs these days. The point is that during braking the nose will go down and tail goes up. Showing the heights ought to show the Ford braking hard and you at a dead stop when he hit. Be careful on using ONLY initial contact point of the aft most vehicles in the que, as the truck probably forced your nose down when you went into the Lexus.
Just came upon this thread after my afternoon nap.

Checkswrecks just said everything I was going to post. Plus talk to the prosecutor before the court date with your information. He/she may see the charge won't fly before a judge and dismiss it.

 
Some really good advice here from our New Mexico pigs. ;)

Sorry you had to be in an accident, Howie, and then got insult added to the injury. :(

At least your Feejer is safe at home. :)
Hey you asshole...That hurt my feeling.
HEY -- That's "professional asshole", . . . please! After all, I believe I properly referenced your and your brother's profession.

 
If you get an Atty, get one that used to be an Ex-DA or Judge. They can usually negotiate a ridiculous case with the Prosecutor before it gets to Trial and have it dismissed.

Good Luck and sorry to hear about you being involved in an accident and hope you are recovering well.

 
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So, nobody asked how you're feeling Howie. How is the back, etc.?
No they didn't....and you're mensch for thinking of it.

A bit sore...feel like the day after a backyard tackle football game (that you lost). :)
Yeah...at a certain age it doesn't matter if one wins or loses...it FEELS like one lost!

Do the ice-heat-ice thing the doctor should have mentioned. You're going to be sore for awhile. This is part of getting older that nobody prepared you for.....

 
Didn't read the whole thread but were there any traffic cams about or store cams? If there were get a copy of the tapes.

 
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