Q: My sister and my parents were in a car accident. My my father died instantly. Can the police keep my sister from him?
She was there for hours but they would not let her near my father. She was with him then went to my mother who was still alive but was unresponsive she was DOA as well. My question is to the point that my sister was prohibited from my fathers body. Why?
Then they told my sister the wrong hospital and my mother died 10 minutes before my sister found her, Is that legal?
A:
Under California law, the police may restrict access to a deceased person's body at the accident scene for investigative purposes, especially in fatal accidents. This is to preserve the integrity of the scene and gather evidence.
If the police provided inaccurate information about the hospital where your mother was taken, it could raise concerns, but whether it is legal or not would depend on the circumstances and intent behind the misinformation. It would be essential to thoroughly investigate the matter to determine any potential legal implications.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
A:
Your post is unclear.
It is unknown if your father was suspected of a crime, or whether he was at the scene of the collision or at a hospital when your sister was not allowed to see him.
As to why your sister was kept from your father's body, that is a question better answered by the police or the hospital. In any event, whether there was a good reason for that decision or not, that would not appear to be the basis for a lawsuit. Your sister suffered no legal damages.
Being told your mother was in the wrong hospital is probably not a lawsuit. The mistake could have been innocent. It is hard to imagine a circumstance in which the police would have motivation to intentionally mislead about where your mother was taken.
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