Asked in Car Accidents, Personal Injury and Wrongful Death for California

Q: Drunk driver crosses intersection on red light, hits a motorcycle teen thief on green light with stolen guitar ?

A theoretical question: A teenage boy steals a guitar, the store owner calls the police. The teenage boy takes off on his motorcycle and is followed by an LAPD officer on duty. The thief enters an intersection that he crosses on a green light, but then is hit by a drunk driver who crossed a red light. He goes flying into the air, and is in a critical condition. Post paralysis. The drunk driver suffers mild injuries. The cop who followed the kid accidentally hits another driver in the intersection, who dies on impact. What are the charges for the drunk driver ? What happens to the police officer ? What happens to the boy ? Charges, court case ? How does this play out... ?

Your help would very much be appreciated.

3 Lawyer Answers
Thomas A. Grossman
Thomas A. Grossman
Answered
  • Personal Injury Lawyer
  • Palm Springs, CA
  • Licensed in California

A: The Boy gets arrested. The drunk driver gets arrested. The police officer probably gets suspended or simply reprimanded, depending on the circumstances. Since the boy/thief initiated the chain of events, he may have a claim against the drunk driver, but since he was committing a crime, he might be barred from collecting any damages.

1 user found this answer helpful

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: I agree with Mr. Grossman except I believe the boy would have a claim against the drunk as he crossed on a green, and while attempting flight that had nothing to do with the hit as you have related the facts.

The estate of the person hit by the officer may have a claim or not, depending on the circumstances--was the officer in "hot pursuit"? Did he have siren and lights going? Should the deceased have been able to see this?Where was the cop and where was the deceased at the time? Bottom line--if you think you have a claim contact a member of CAOC for the county where it happened ; they give free consults.

1 user found this answer helpful

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: You should probably do your own homework. This board is for people with real problems.

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