Aggravated Assault By Semi In Florida

Topic 23870 | Page 1

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Big White's Comment
member avatar

Hi,

I no longer drive due to my neuropathy, but as a former driver, I am sort of aware of laws, regs, etc. However, never being a victim, I am not sure of the approach I need to make. Last night, heading south bound 75, just north of Ocala, two CRAZY semis were doing well over 85mph, not exaggerating. Traffic was medium to heavy. Normal traffic speeds were around 75. First semi came out from nowhere and was swerving in and out of traffic passing, and almost caused 3 cars to collide at one time. So most of us 4 wheelers decided to move over to the far left lane, to avoid this idiot. Upon my doing the same, I looked in left mirror and noticed another very fast approach by another semi. This is not a "no left lane" area for trucks, that I am aware of anyway. This oncoming truck has probably 30-40 car lengths behind me, so I proceeded to far left lane. Then he gets right on my bumper LITERALLY about a foot off my bumper and blew his train horn. There was nowhere to go to the right at the time. Then this driver behind me finds an opening on the right and floors it, comes up to my right side and forces me off the road, nearly missing a bridge pylon by 6 inches! It was obvious that these two trucks were buddies, as they both had the HIGH speed capability, and were acting the exact same by endangering others.

So I called 911, no on site response. This was about 2200 hours on 11-19. I called again, and overall 3 times, still no fhp, sheriff! So now we are at the Fla turnpike, where I was actually supposed to go. The first truck took the turnpike, the second truck who ran me off the road, tried to fake his turn, as if he was going to take the turnpike, but at the last moment he swerved violently back onto 75 south. So I followed, as he was the one that ran me off the road. I did not want him getting away, and I was willing to drive to the keys to get this driver apprehended. This driver knew I was following him, so I stayed roughly 1 mile behind him, WAITING for FHP to respond! We are talking nearly 100 miles to get a response on scene! So because FHP or Sheriff were not responding to my calls, I decided to move in closer to get a video of the Trailer plates, DOT#, etc. So I got up close to him on the right, because I knew his vision would not be able to easily see my vehicle from this angle. I made my video, and then as I got a few feet ahead of him, I waved my camera out the window, like "I got you now". His train horn went off again. Then he quickly got right on my bumper yet again (on video). So I decided to speed up rapidly and move to the far left lane, and then brake to get behind him once again. Well, that didn't work, as he was prepared. His engine damn sure has the power! So now he swerves over and runs me off the road again, this time on video.

So now, two more calls to FHP this time, and finally just before I-4, fhp arrived. While the FHP was riding his tail, I was on the phone with dispatch at the same time. I told the dispatch that I had video evidence of this nut running me off the road, but the FHP decided to let him go, and instead pull off the side to meet with me. I have a report from FHP, and the officer said it was aggravated assault. So my question, what the heck do I do? I already called Morgan and Morgan, which is a large lawyer firm in Florida, but they declined. According to the law, and other articles about this type in crime in Florida, they say that Florida vigorously enforces this behavior. So I am thinking that this guy will just get off the hook, but I definitely do not want this to happen. Listen, if I were to have instigated this in some way, then that's on me, but there are other 911 calls that were made, besides my own about this. So there is plenty of evidence to show that these guys were in the wrong. Any ideas on how I should proceed? Don't worry, I will not hold anyone liable for acting like an attorney or otherwise, just trying to see what I should do. Thanks!

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

OWI:

Operating While Intoxicated

Steve L.'s Comment
member avatar

Respectfully, if Morgan won’t take the case, why? Were there any company names/numbers on the trailers? If so, call the company. But, if you’ve got a police report, saying this truck driver committed aggravated assault, I don’t see how a lawyer would turn that down.

Also, that police report should have information about the driver and possibly the company he drives fo.

You may want to ask which municipalities have jurisdiction. I’m no lawyer, but I think aggravated assault is a criminal offense.

Big White's Comment
member avatar

Thanks Steve, and yes your question makes complete sense. I called Morgan Law firm, and they transferred me to the consultation person, and I described everything, including FHP report and video evidence, coupled with other 911 callers, and she said that I would probably need to call the fla bar, as they would not be interested in pursuing. Crazy right? Yes, Aggravated assault is a crime, and punishable up to 5 years if I am not mistaken. I thought about calling the company, but didn't want to have cover ups, as most enjoy the protectionism. Yes, the FHP report has the company name, dot# etc., as this was taken from my video footage, scary footage at that. It happened in Florida, so Florida should be apprehending this driver. Court should be in Florida. I am not letting this go, I mean the guy tried killing me twice. I just go off the phone with another 911 caller, as she was in the FHP report, and she saw all of it. So we have plenty of evidence, it's just that I looking for the right direction to take. Appreciate your feedback however, stay safe out there!

Respectfully, if Morgan won’t take the case, why? Were there any company names/numbers on the trailers? If so, call the company. But, if you’ve got a police report, saying this truck driver committed aggravated assault, I don’t see how a lawyer would turn that down.

Also, that police report should have information about the driver and possibly the company he drives fo.

You may want to ask which municipalities have jurisdiction. I’m no lawyer, but I think aggravated assault is a criminal offense.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

TWIC:

Transportation Worker Identification Credential

Truck drivers who regularly pick up from or deliver to the shipping ports will often be required to carry a TWIC card.

Your TWIC is a tamper-resistant biometric card which acts as both your identification in secure areas, as well as an indicator of you having passed the necessary security clearance. TWIC cards are valid for five years. The issuance of TWIC cards is overseen by the Transportation Security Administration and the Department of Homeland Security.

Rainy D.'s Comment
member avatar

Morgan and morgan in my guess wouldnt take a civil suit case for a criminal offense. you have to prove in criminal court that the driver was guilty of assault, then take him to civil court for damages. that makes you a witness for the prosecution. simply filing a police report is not the same as pressing charges, it is a documentation of an incident. you may have to go to the police station and file charges. you will also habe to talk to a prosecutor as a witness.

Do you have damages to your vehicle? it doesnt sound like you do if you chased him down. or just submit the estimate to both yours and his insurance as a claimant.

either way, what do you want out of this? people who call lawyers want money. Do you have evidence of damages to justify punitive damages? if you say emotiinal distress be prepared to combat his attorney who will say if you were so distraught the why did you chase him down and instigate a second assault?

BMI:

Body mass index (BMI)

BMI is a formula that uses weight and height to estimate body fat. For most people, BMI provides a reasonable estimate of body fat. The BMI's biggest weakness is that it doesn't consider individual factors such as bone or muscle mass. BMI may:

  • Underestimate body fat for older adults or other people with low muscle mass
  • Overestimate body fat for people who are very muscular and physically fit

It's quite common, especially for men, to fall into the "overweight" category if you happen to be stronger than average. If you're pretty strong but in good shape then pay no attention.

Rainy D.'s Comment
member avatar

Also think about this... you admitted to leaving the scene of.an accident. yes, he did also and i get that, but you are admitting to a high speed chase over 100 miles...that sounds like some smokey and the bandit, dukes of hazard stuff that could be used against you.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
G-Town's Comment
member avatar

In the future?

Don’t tangle with idiots like this. Back-off and let them go. You should know better then to escalate a situation like this. Glad you didn’t get hurt.

Big White's Comment
member avatar

Oh my, it seems easy to assume things of others. No, I am not an ambulance chaser. No, I did not leave the scene of an accident. 911 calls were made by numerous people at the same time. Yes, I FOLLOWED this driver by keeping at least a mile behind him. Yes, traffic was light in this area, so one mile was easy. What do I want out of it? Criminal charges. Yes, driver committed aggravated assault. Evidence? Yes. By more than one witness? Yes. Were they also ran off the road? Yes. Sorry, protecting truck drivers, when they are in the wrong, isn't going to happen on my watch. You play with fire, well, they get burned. That's what this driver did. So, just let him go, so he can kill someone out there? Sounds like it

Also think about this... you admitted to leaving the scene of.an accident. yes, he did also and i get that, but you are admitting to a high speed chase over 100 miles...that sounds like some smokey and the bandit, dukes of hazard stuff that could be used against you.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Steve L.'s Comment
member avatar

Big White, please know the people here aren’t looking to protect drivers. We can’t stand these types of morons either. Rainy is just trying to point out the difference between criminal and civil. And she’s trying to be realistic. She has experience on the insurance side.

Also, most reputable trucking companies want to be notified of a driver, such as you described, BEFORE they kill someone. So call them. That driver will likely be out of a job before Thanksgiving.

G-Town is just passing along something we all have had to realize; it usually does no good to stay in a road battle AND it can be deadly. He genuinely (as are we all) is glad no one was physically injured.

I hope you get a resolution.

EPU:

Electric Auxiliary Power Units

Electric APUs have started gaining acceptance. These electric APUs use battery packs instead of the diesel engine on traditional APUs as a source of power. The APU's battery pack is charged when the truck is in motion. When the truck is idle, the stored energy in the battery pack is then used to power an air conditioner, heater, and other devices

G-Town's Comment
member avatar

Big White your focus and persistence needs to be directed at FHP. Take your story to them in-person including your evidence.

To be clear, you risked your life confronting these drivers. Back-off.

Big White's Comment
member avatar

I risked my life for others. I am a retired Marine, former Law Enforcement in Florida, and 3 wars, so I guess you could say that I was trying to protect those who (could have) been later killed by this idiot. Actually, if you were there, I literally did not risk my life as you stated. Following someone by staying one mile behind them is not actually risky. The filming part was risky, but I had to get an id of this company, period. So for that, maybe. I did a good deed last night, so no need to patronize or educate on safety, respectfully. Have a great day and stay safe out there. By all means know that there are hundreds of these idiots out there, and they do it for fun. So do be safe, but if and when you can obtain evidence, do so, because you are actually helping out someone else.

Big White your focus and persistence needs to be directed at FHP. Take your story to them in-person including your evidence.

To be clear, you risked your life confronting these drivers. Back-off.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

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