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JasonMalice Feb 5, 2010

If only it really existed. 
I've been private about my private life till now; till I got injured:
Yeah, terribly horribly injured.  Statistically,  I should have died.  I made a medical scenario of it:  “a 26 year old runner is out on the shoulder of his communal neighborhood country road.  This 26 yr old male is hit from the behind by a 4 door sedan traveling at 50mph. the bumper of the car rips the skin right down to the muscle on the back of the knee-bend, and the victim slides up the front of the car only cracking the front of his skull and nose, breaking bones, last with the car still driving, the passenger side mirror is caught in the left armpit of the victim, and because the car is still moving, the mirror gets ripped from the car, causing a complete laceration of the back of the victim’s arm, right down to the muscle. the teenage driver of this vehicle drives on, on then to stop and reverse closer to the scene of the crime. Severable neighbors come to the scene and call 911, as the patient is bleeding profusely from the back of his knee. his head begins to swell with blood and edema so much that you could not even see his ears. none of the bystanders step in to offer life support, not even the teenage driver. An off duty firefighter got the 911 call and shows up with his gear.  He assesses the pt, and finds him struggling to breath so he intubates him and the proceeds to radio in the mercy flight helicopter.  As he waits for mercy flight, more fire department show, and quickly tend to the profusely bleeding wounds.  Loose tourniquets are place on the knee and arm to stop the blood loss.  But this causes other swelling in the body. The helicopter arrives, and he is taken to hospital.”

I came home this summer to take my med license boards, and this happens.  I was jogging at 9am and some f---ing teenager hits me at 50mph.  I was Mercy-Flighted to ECMC hospital, 60 miles away, with 2 weeks in intensive care, and 2 weeks in physical rehab.  Right after accident, I was in a 12 day coma too!

The Niagara County Sheriffs Department responded to this accident, and they did not check the person who hit me, Victor Henley, 20,  for drugs nor alcohol.  He was not searched for a cell phone to rule out that he was text messaging while driving either.  They did not even charge this individual with anything whatsoever.  Because I was unconscious and bleeding massively, I could not give a statement at the scene of the crime.  But Henley told Sheriffs that I ran in front of his car.  The incident report, which follows Henley's false statement, does not make sense considering the direction I was running  versus the direction his car was travelling.  The damage to the car and my injuries' locations on my body conflict with the report and Henley's statement.  The report states that we were heading in opposite directions, and Henley states that I ran in front of his car, attempting to cross the street (which I wouldn't have done anyway since I was jogging home, already on the same side of the road as my parent's house.)  This is inaccurate seeing as my injuries are directly to the back of my knee, and back of my shoulder, because as his car drifted onto the shoulder of the road, he clipped me from behind. And the photos online at
(http://www.1strespondernews.com/webpages/news/displaynews.aspx?ID=677298b7-5980-4e21-b1fa-c142915fd8f5
) clearly show that what hit me from behind was the car's bumper to the leg tearing my skin and muscle, windshield which hit my skull, and as I was thrust from the moving car, my left shoulder was clipped by and tore off his right side mirror, leaving the shards of glass in the back of my arm and tearing off a considerable amount of skin, requiring the skin graft.  This trauma caused my neurology problems I have now, leaving me unable to use my left arm. Had I been hit from any other angle, the injuries would be to my front/side, not rear.  Plus, he hit a mailbox, which isn't even on the shoulder of the road, but on the grass, before he hit me.  There is a witness that can confirm this, a woman who lives on the street as well.

.  The Niagara County Sheriff's Department has told me there is nothing that they can do to Victor Henley-a person with a prior criminal record, along with his family members, who have a prior criminal record for drug and alcohol abuse and even hitting pedestrians with their car.
A prior record!  And the Sheriffs Department did not check Henley for drugs nor alcohol.  So now at this point, I am disabled, while my aggressor does not get charged with anything, much less a slap on the wrist, due to a botched investigation from the Niagara County Sheriff's Department.  It just bothers me that I spent 6 years in the military, living overseas in places from Guam to Germany to the Middle East, and attend medical school in Poland--and the place where I do get hurt and injured is right back home in Western New York.  And to top that off, the Niagara County Sheriff's Department tells me there is nothing they can do to help me, while the person who hit and disabled me, changing my life forever, gets to walk free with no penalty whatsoever.

I cannot feel or use my entire left arm, and haven’t since the accident.  So I type with one hand now; do everything with one hand.  Going to have some surgery on that soon, since the nerves were literally pulled from my spinal cord, they will have to graft nerves from another location back to my upper spine, but that doesn’t guarantee complete restoration of function.   And last, cuz the car hit me at first with the impact at the point where my knee bends, behind the knee, I now have what is called a ‘drop foot’, and I cant flex my foot upward, or even feel it, which makes me limp and my foot slap across the ground when I walk. 

    This last month, I had sinus surgery.  Since my nose and bones broke in my face, there has been tear duct obstruction and subsequent infection.  My tears couldn’t drain so bacteria breed there.  So they went in and cleaned up for proper drainage pathway. I also had an orbital fracture, so my left eye sank in a few centimeters, and I need surgery on that soon to lift the eye back up.  Cant have my eye surgery to lift my eyeball up for a few more months tho, due to the fact that my blood vessels behind my eye bled a lot during the accident and aren’t fully healed. . 

Had leg surgery 14 days ago, on my nerves.  Was laid up for dem 13 days.  Stitches out yesterday.  Next surgery is this coming Monday.  On my spine and upper arm (brachial plexus.) hopefully I can use my arm again.  Otherwise.  I'm fucked.

I’m still in NY at my parents place.  Have missed all of this year of med school.  not to mention my apartment in Poland has all my stuff, paid in full, and its just sitting there,, making me the fool. 

I’ve been all around in the world in my 8 years of military service, even Iraq lived in Poland for the last 2 years cuz of medical school--- and the place I get injured at is right at home, and I find it hard to believe that someone can hit and injure, and leave a pedestrian permanently disabled, and face no consequence—at all. 

Thats how fucked up our society is.

The Chop Shop would have fixed me by now.

JasonMalice Feb 5, 2010

had no idea cursing was blocked. 
so much for emphasizing the key points.

absuplendous Feb 5, 2010

I know it must be incredibly outrageous and I do sympathize with and share your injustice, but I would be happy just to be alive. Your account was very vivid, so much so that I didn't want to view the photos of your injuries. I'm very sorry for your hardship, but I'm also glad you're alive and, relatively speaking, well.

Carl Feb 6, 2010

I suppose a Negligence lawsuit could be a possible course of action.

Ashley Winchester Feb 6, 2010

Carl wrote:

I suppose a Negligence lawsuit could be a possible course of action.

Is it worth suing someone that obviously doesn't have anything? The guy and his family sound like a bunch of road scholars. Some people will choose to live in squallier before they will pay their victim any kind of restitution - court ordered or not. Additionally, if the guy had accidents before I very doubt he even had car insurance - how could he possibly afford it? 1-800-Safe-Auto?

Boco Feb 6, 2010

Terribly sorry to hear about your accident. I can't even imagine how much that must suck. Here's to hoping that the bastard responsible gets what he deserves... one way or another. Maybe someday he'll hit the wrong person and end up getting some street justice.

JasonMalice wrote:

Thats how fucked up our society is.

Quoted for truth. I've been in the court system a couple of times and my experience wasn't all that different. Our justice system is filled with lazy, incompetent slobs. Getting them to do their job or even to take you seriously is a complete pain in the ass. Getting "justice" isn't even an option.

longhairmike Feb 6, 2010 (edited Feb 6, 2010)

dude, im really sorry about what happened..

my suggestion, there should be a good enough injury attorney who would probably be willing to work on contingency.
Dont just name the driver in the suit, include the police department for botching the investigation.
It looks like they didn't follow through with all accident investigative procedures, and just let the driver go.
The attorney will be able to subpoena everyone and their mother that lives on that block.
Plus medical testimony will show that the injuries were consistent with getting nailed from behind.
You know that some people were out there snapping accident pics with their cell phone cameras.

get a LOCAL attorney, one who knows where that street is. if you grab the phonebook, chances are that the back cover is an ad for a high profile injury attorney

Adol Feb 6, 2010

I don't know how it works in common-law system, but you can sue and get some money for damages: it doesn't matter if they don't have money right now, if they have at some point of their lives, they'll owe you.

Tim JC Feb 6, 2010

My heart goes out to you man. I can only imagine how I would feel in your situation. I know I'd be thinking how unfair it all is and it would be so hard not to let that hang over me the rest of my life. I'm shocked that the driver was let go after all the evidence you listed. That is such a sorry reflection on the whole system of things. On people, really. I hope your surgeries go well and you have some good, skilled doctors involved. Reminds me once again not to take my health for granted.

Jodo Kast Feb 6, 2010

Your story illuminates one of the problems associated with granting everyone 'rights', regardless of their manifest behaviors. The guy that hit you should no longer have the right to drive, since he showed he is unable to control his vehicle in broad daylight. At the very least, he should be required to pay all of your medical bills and cover any lost income. But our society views that person as an 'equal', a person that should have 'rights'. I don't think rights should be given to people, freely. They are things to be earned and if necessary, lost. We do have a primitive means of dealing with such people, known as 'prison'. However, that doesn't solve any problems, because it removes all of their 'rights'. When someone is sent to prison, then it hurts law-abiding citizens, because they have to pay to support that person. If someone really needs to be in prison, if they act in such a manner that they are too dangerous to have around any other human, then they should be put to sleep, like when veterinarians deal with rabid dogs.

If Roman methods of punishment were still in style, then I'd suggest putting the guy that hit you on a Nascar racetrack, tell him to start jogging, and see how long he lasts...

Zorbfish Feb 8, 2010

I echo what others have said about filing a suit. If the police won't do their job they should be willing to defend themselves in court as well. Of course from what I've seen the cops will always win even in the face of contradictory evidence. You can at least make the 20yr old and his family suffer as well.

In the other thread you mentioned that this happened last summer so I would encourage you and your family to you put together a case quickly before any statute of limitations kicks in.

Lastly I realize I'm going to get called out as an asshole for mentioning this, but why were you running with traffic? I know you said you were on the side of the road your parents' home was on, but you should always treat vehicles like it was this psycho behind the wheel and run/bike against traffic.

JasonMalice Feb 13, 2010

thanks guys.  unfortunately, as i am pursuing legal action, this punk and his family of carnival extras, have no liquid assets.  they have a history of bankruptcy, perscription drug abuse, and driving while intoxicated.
not that i want money.  but it would be at least nice to pay off my $400,000.00 in medical bills, not to mention afford more surgeries, so i can eventually use my arm again, even if but minimal function, as its better than none.  oh, and pay off my $100,000.00 in med school loans, and finish med school.

as far as running with traffic, anyone who was in the military knows you run with traffic, not away from, because this way they are supposed to clearly see you in front of them.  supposed to...

longhairmike Feb 14, 2010

name the police in the lawsuit as well for failing to follow investigative protocol. if both the police dept and the driver are named as defendants then they'll each be trying to implicate each other, making yours and and your attorney's job a lot easier

Ramza Feb 14, 2010

longhairmike wrote:

name the police in the lawsuit as well for failing to follow investigative protocol. if both the police dept and the driver are named as defendants then they'll each be trying to implicate each other, making yours and and your attorney's job a lot easier

I can't emphasize this enough. The police fucked you over, and they have money from the state. If douchebag mcdouche is a piece of shit with no liquid assets (...what about that van he was driving...?), then you should at least be able to cover some cost from the local police. They failed to follow through, they believed some asshole's testimony over yours. You need to take on the local PD. Definitely. Stick it to the man. You're better than that whole dept.

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