Sacramento, CA asked in Car Accidents and Personal Injury for California

Q: I want to file a lawsuit against the CHP. Do I have a case and if so what type of lawyer would I need? Contingency?

Back in October of 2021, my Mother and Aunt were ran over and killed by an 18 y/o girl. On the scene of the accident the first agency to respond was the CHP. The officer that conducted the questioning and such, opted to not conduct a sobriety test, nor in field or blood test. The 'girl' admitted to speeding, whilst attempting to make a right hand turn going thru a yellow light. The officer released the girl that day at the scene of the crime and she was allowed to go home and has been free ever since. The CHP report FINALLY was released to us just about a month ago and it states that the girl did/does not even have a drivers license at the time of the accident. AND on the day of the accident the officer got the witness statements yet still allowed the girl to go home. There is SO MUCH more to my situation and I only can type 'so many' characters in this box. I am happy to divulge more info if needed. This incident took place in Sacramento CA. Thank you to anyone that helps.

3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: initially i would think you would want to talk to a LOCAL Personal Injury Lawyer.

a far as suing CHP, that is always an uphill battle.

They may still be able to file and you can contact the local DA's office.

the CHP arrest and the DA files on criminal matters.

the criminal aspect is the girl's driving without a license.

However, to collect money you would want to present a claim against the other party and if necessary the UM portion of the auto policy the deceased had.

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

A: You have no case against CHP. You do not have a right to a competent investigation. The police frequently make mistakes and omissions, in almost every traffic collision report.

You have a claim against the girl, and the owner of the other vehicle. If she did not carry sufficient liability insurance, you have a claim against your own UM/UIM policy, if you carried that coverage and it exceeded the limits of the girl.

Frederick J. Sette
Frederick J. Sette
Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: There are two avenues you can pursue here; one is civil, the other is criminal. Law enforcement takes the report to capture the facts and then may submit the report to the district attorneys office to consider filing criminal charges. You have very little to no influence on whether or not the DA will file charges. What you do have control over is filing a civil complaint against the driver and registered owner of the vehicle. The only result coming from a civil action is compensation. No other penalites are available through the civil system.

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