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Towing Accident Could Cost Police

Towing vehiclesAntigua St John's - A traffic accident on Upper Newgate Street on Monday could cost the police force.

On Monday, a traffic warden reportedly called in the police tow truck to remove an illegally parked car outside the Law Office of AG Justin Simone ,. But in the process, the wrecker caused an accident.

Reports are that the vehicle being towed hit another parking car, causing considerable damage to both vehicles.

“This is a different case,” police spokesman Holder told Caribarena.com when asked about the liability aspect of the case.



He explained that the force’s policy is that if a vehicle is damaged while being hauled, the police would not accept fault.

“But if an accident occurred, then an investigation would take place, and then wherever the blame lies, even if it is for police, they would have to accept the responsibility,” he said. "It is expected that police would honour that."

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12 Comments In This Article   

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#12 Kwa » 2012-08-22 08:42

If a vandal enters my property and I beat him and he dies I could face murder charges in court. After he entered MY PROPERTY and cause DANGER to ME AND MY FAMILY. How is it if the police tow my car and they damage it they are not liable because I was wrong to park illegally? Wasnt the vandal wrong to enter MY PROPERTY as well?
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Kwa

RE: Towing Accident Could Cost Police

#11 SPEED BUMP » 2012-05-15 22:01

The police need to have some form of insurance to cover situations like this.
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SPEED BUMP

taxis

#10 justin » 2012-05-15 21:49

smoke n mirrors, you should know that police pickup drops someones maid every morning in Piggots and shortly after ambulance comes to collect bread!!
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justin

DUTY OF CARE

#9 RAWLSTON POMPEY » 2012-05-15 17:25

Since the fundamental duty of Law enforcement is to "...Help mankind; ...To PROTECT life and ...SAFEGUARD property, there is a duty to exercise "...EXTREME CARE" in the discharge of duties involving these matters.

Recklessness may not only result in harm or loss to citizens, but consequences to those who execute their duties with "...RECKLESS ABANDON."

The TODI THOMAS incident bears testimony to the "....ADJUDGED" reckless discharge of duties. The same principle and "...DUTY OF CARE" applies to property of any description.

There has never been "...IMMUNITY" for recklessness or negligence, whether in criminal or Civil proceedings.
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RAWLSTON POMPEY

SANITY AND LOGIC

#8 RAWLSTON POMPEY » 2012-05-15 15:32

These comments reflect two fundamentals- Commentators are "...SANE and their thoughts are full of "...LOGIC."

There had never been, and will never be a "...POLICY" on "...Accepting or Rejecting LIABILITY." When motorists use the "...PUBLIC ROADS," be they Law enforcement or the general public, it has always been about "...ROAD SAFETY; ...RESPONSIBLE, CONSIDERATE AND SAFE DRIVING." Where there was "...LIABILITY," this is followed by "...CONSEQUENCE S," either for "...Speed; ...Careless; ...Dangerous and ...Reckless Driving."

Hence, the status, occupation or position of a driver has nothing to do with the "...MANNER MOTORISTS DRIVE." Thus, the "...Recklessnes s, Dangerous or Careless manner of driving or "...Exceeding the Speed Limit" are among the "...CRITICAL FACTORS" to prosecution.

Most certainly a motorist, including Law enforcement personnel, may be prosecuted for "...CARELESS DRIVING" if such was the nature.

These are not policies;...the se are requisites based on law, discharge of duties, guided by professional ethics.

Compensation for damages or loss may come from "...LITIGATION" through the Courts.
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RAWLSTON POMPEY

Take the police to Court

#7 Tobi » 2012-05-15 13:59

The only way to smarten up the police for their own good is to take them to Court if they damage your towed vehicle, and then report results in the Press. And they wonder why they have poor relations with the general public.
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Tobi

RE: Towing Accident Could Cost Police

#6 Concern Antiguan » 2012-05-15 13:10

Clearly, the police do not understand their function. Reckless execution of duty by the police, make their employer the government liable.
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Concern Antiguan

say what?

#5 fnpsr » 2012-05-15 11:59

Holder explainedQuote:
"that the force’s policy is that if a vehicle is damaged while being hauled, the police would not accept fault."
Give me a break!!!

This is so ridiculous that it does not even warrant a response. However, with that said, I have to agree with My Way of Helping. The damage to the towed vehicle would be due to negligence. The police tow truck driver has a duty to exercise due care when mounting a car on its truck for towing and in transporting the car and dismounting the car in a storage area. Further, they have a duty to insure that the car and its contents are secure from vandals. This is the duty and any breach of this duty would subject the police to damages. So if they damage the car while it is in their possession they will have to pay.

"Let's fix the little things before we attempt to fix the big things."
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fnpsr

sad

#4 Ljkfinch » 2012-05-15 11:38

our rental car was towed last week from out in front of Cyber Wiz. No ticket....towed away before our very eyes. No idea how to get to impound site....no warning of any kind other than a gentleman who spotted us in Shouls....and asked if the rental was ours. We pleaded with the PO,ice to please not take it. How were to now get it back. No clue. No ticket.....no mercy. A wonderful woman named Hazel came to our rescue. She apologized for the incident on behalf of her country and took us around for two and a half hours in her car settling the matter. Glad the rental was not damaged enroute as in the above story. We continue to be perplexed as to why we were not given a warning....or a ticket. Just a tow! Shame.
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Ljkfinch

RE: Towing Accident Could Cost Police

#3 Smoke n Mirrors » 2012-05-15 09:48

Speaking of vehicles. There is a GOV'T vehicle that p** me on the road every morning. It is a black KIA car (not sure of the model) but the plate # is "GV 63"
The driver of the vehicle usually has two school children with him. I would like to know if it is legal to use gov't vehicles for personal means. After all, I am paying taxes and I do not own a vehicle nor do I have the privilege of being chauffeured to places in a GOV'T vehicle by a relative. So Mr. Drive of " GV 63" how can I arrange to have you meet my personal transportation needs like you are doing with the 2 school kids every morning?
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Smoke n Mirrors

My reasoning

#2 my way of helping » 2012-05-15 08:40

The police is hauling my vehicle because i illegally parked, they damage my vehicle in the process, and now they would say they are not liable for damaging the vehicle while towing it because it is being towed? This would be so unconstitutiona l; the punishment is having my car towed and getting a fine, however, the damage to the vehicle would be not proportionate and definitely not certain (accidents are not planned).

When the government is penalizing an individual, it is our right and their legal obligation, that they apply it properly/fairly /safely (Certainly, swiftly and proportionately).

It is not like the vehicle is in a situation that would cause death (imminent danger), so they must remove the vehicle at any cost. Wherefore, I recommend the owner of the vehicle being towed to be compensated for the additional damage or the not proportionate punishment received in violation of the statute and the constitution.

"Justice is a precise and careful machine system, anything less or more would not be justice (Francis, 2012)".
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my way of helping

good to read

#1 Interesting » 2012-05-15 08:36

It would look good on the part of the Police if they did honour repairs to the parked vehicle. I dont see them paying for the vehicle that was towed, since it was the root cause of the problem which would not have happened if they was not parked illegally.
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Interesting

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