Legal Question in Personal Injury in California

My 18 yr old daughter was in a accident in my full size truck, she was more then half way through an uncontrolled intersection when she was struck on the passenger rear door and truck bed by a local police officer (complicating fact). The officer hit her so hard it spun the truck almost 180 degrees. For the sake of argument if it really was the cops fault or even a % her fault how do these things usually play out when law enforcement is involved?


Asked on 6/13/12, 3:31 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

I'm sorry to hear about this, and I hope your daughter is all right.

If the two sides disagree about what happened, the other driver's account may get more credence because of his job and his (likely) driving expertise. That will probably not be a very big advantage.

That he is a cop should otherwise have little if any effect on the case -- unless, perhaps, he was in his cruiser and on duty at the time.

Your concerns would be more realistic in a criminal case. Civil cases like this are usually settled out of court by insurance companies. Credibility issues aside, there will probably never even be an opportunity for the other driver's status to play any part.

Even so, I urge you to get a lawyer. The insurance companies will likely try to take advantage of your unfamiliarity with the law and with the claims process by making lowball offers and, ultimately, paying you less than they should. A little work by a lawyer might make a very big difference.

Good luck.

Read more
Answered on 6/13/12, 7:23 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California