Legal Question in Legal Malpractice in Washington

I was a victim of a hit and run. The driver was later, aprox one hour, found and taken to the station for questioning. She was later charged with the crime. A jury trial followed and she was found not guilty. The jury reported that the police failed to perform proper investigation. Pre trial almost ended in mis trial because the defense attorney argued the police dis not impound the vehicle, the police did not take my dna from the vehicle, the police released my clothing without performing tests, no finger prints were obtained and I don't remember what else. The driver reported being intoxicated but no testing was performed. The judge agreed with the defense attorney that the police did a poor job with investigation however did not dismiss the case because the bad police work did not influence guilt or innocence of his client. So now she is off Scott free, my family continues to suffer, I have life long issues from injures sustained from accident and no restitution from the driver to help with bills etc. Can I sue the police department for not doing there job properly, that is why she got off not because she did not run me over with a car and leave me for dead.


Asked on 7/26/11, 9:04 pm

1 Answer from Attorneys

Jonathan Baner Baner & Baner

You can try, but it doesn't sound like you'd get anywhere against the police. You can sue the driver though. The driver might not have any money, but maybe he has a car?

By the way it's not "legal malpractice" that term refers to attorney shortcomings.

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Answered on 8/23/11, 1:47 pm


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