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Question
My mother was killed in a motorcycle accident 1.5 years ago. She was a passenger. The driver said she popped off and hit her head. Instead of calling the police immediately he waited 5 hours.  Supposedly they called friends to come over to help. Long story short she died and everyone thought foul play. We have not gotten anything from the police after this entire time. When we ask we get the run around. He said she said. State patrol is handling it. State patrol says sheriff is handling it. We are lost. Is their anything we can do legally because of the time frame. We have not gotten anything not even the autopsy results.

Answer
Chris-

If the motorcycle was "moving" on a public roadway or even a dirt bike trail at the time of the incident, that would be considered a motor vehicle accident. That report by the Sheriff or the State Police is a matter of public record. Your mother's autopsy is a matter of public record. If the driver was insured and for how much is a matter of public record. Therefore, all of the records should be made available to you upon request.

The statute of limitations on a civil suit against the driver is either 2 or 3 years depending on the state. We suggest you get a civil lawyer in the jurisdiction where the "accident" occurred and have him look into your behalf.

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Kevin M. Tamez

Expertise

Kevin M. Tamez serves as one of the most senior and experienced consultants at The MPM Group, Inc. During more than 27 years of both state and federal law enforcement experience, Mr. Tamez held supervisory roles with state law enforcement as well as senior management positions with the U.S. Department of Justice - serving in both domestic as well as foreign posts. In addition to his extensive foreign operational experience, Mr. Tamez is a court adjudicated expert in most Title 18 and Title 21 complex criminal, undercover, and electronic (Title III) intercept investigations. As a senior manager, he is also an authority in most government administrative matters to include Human Resource and Workers’ Compensation issues. Mr. Tamez has broadened his already considerable expertise by authoring various legal reference and inmate advocacy manuals. Mr. Tamez is frequently sought after for his expertise in counseling and preparing convicted law enforcement personnel, politicians, and other “celebrities” for reporting to a federal penal facility.

Experience

More than 27-years of both state and federal law enforcement. Uniform patrol, Tactical Operations, SWAT, Detective Bureau (Narcotics), and Uniform Supervision. U.S. Federal Agent (Series-1811), all facets of complex domestic investigations, Special Operations, Paramilitary operations overseas, senior management, strategic planning, etc.

Publications
Mr. Tamez has authored several formal "Position Papers" as well as several legal reference manuals to include “The Pre-Release/Post-Release Process for Federal Inmates," “Medical Issues for Federal Inmates,” and “The Administrative Remedy Process for Federal Inmates,” thereby establishing himself as one of this industry’s foremost authorities in BOP procedural and administrative matters as well. In addition to his recent legal reference manuals and other professional publications, Mr. Tamez recently authored the critically acclaimed “The BOP’s Failure to Properly Implement the 2nd Chance Act of 2007” as well as the educational website www.FederalPrisonCampTour.com.

Education/Credentials
Mr. Tamez holds a Bachelor's of Arts Degree and has done graduate work at George Washington University in Washington, D.C. Mr. Tamez is a graduate of the Northern Virginia Criminal Justice Academy and both the Basic & Advanced Special Agent courses in Quantico Virginia.

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