Q: Is there any legal action I can take against my local police for how they handled my crash?
A 15 year old was driving 40mph westbound unlicensed, uninsured, and alone down an eastbound road and hit me head on. I was rushed to the hospital with injuries, while the police gave the 15 year old a citation for “driving down the wrong way” ONLY and then proceeded to take her back to school.
There are some discrepancies in the report along with the fact the 15 year old didn’t get cited for driving 100% illegally (no insurance no license and by herself). I’m speaking with a personal injury lawyer for compensation but in the case there’s nothing they can do because they’re uninsured, can I go after the police for the way they “handled” this crash that resulted in injuries and a totaled vehicle
A: No, you cannot sue the police for these actions.
Dimitrios Makridis and Jami S. Oliver agree with this answer
A: Police have discretion on how they handle citations as do prosecutors in driving who to prosecute and who to let go. However, if you believe the police officer violated a departmental policy, you can always file a complaint with the department and internal affairs: generally, however, you cannot sue the police for those types of choices.
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