I was run off the road by an on duty police officer that was not paying attention, now they are putting the blame on me
3 attorney answers
You are entitled to have your story incorporated into the police report.
Further, and especially if the cops refuse to or give you a hard time about taking your statement (which should have been done contemporaneous with the accident), you can file an internal affairs complaint against both the responsible officer and any that ref use to, or give you a hard time about, both taking and incorporating your statement about the cause of the accident into the traffic crash report.
If you get bullied and feel strongly enough then you are free to hire a criminal defense lawyer to assist you. I cannot speak for my 516 area professional brothers and sisters but I for one would relish the opportunity to serve as a "victim's rights advocate" in a fact pattern such as yours.
I hope that I have been helpful in answering your question.
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I agree with the other posters. It sounds like the insurance company is putting all or part of the blame on you. That is a different issue with a much lower standard to prove. The insurance companies will work it out and you will be left with paying your deductible. Should you feel that you need to reimbursed for that, then you can sue in small claims court, but to see a state entity you would need to provide notice prior to that. Contact a local personal injury attorney to see if they can help you out.
I am not sure I see a question in your post. If you are being charged with a crime get a lawyer and fight it. If it is a traffic ticket the hearing officers and judges believe the police officer 99% of the time. You need more proof than your word against the officer. You have an absolute right to demand a police report be taken. If the investigating officer refuses to take a statement call his or her supervisor. If that doesn't work go to internal affairs. The officer is not obligated to talk to any witnesses though. You need to get the witness testimony yourself if the officer didn't. If you were in an accident because of this your insurance company is most likely obligated to defend you. But more likely than not the insurance company would settle. I would speak to a lawyer before I talked to an insurance company or the police. But I am not sure what kind of lawyer you need based on the facts you have told us.