Q: My parents and i were in a tragic accident it was the other drivers fault. They did not test him for drugs or alcohol.
Isn't it mandatory when people are killed. They also did not give us any info on the driver. And how long can they wait to give us the police report ? Its been 2 months is there a time limit?
A: With a death, especially under suspicious circumstances, they are, most likely, investigating. Hopefully they will do a very thorough job and eventually prepare a final report that will be made available. If there are charges to be brought, it may be some time before they voluntarily give it up. You may have to file a case and subpoena the report.
A:
I am sorry for your loss.
There is no law requiring drug/alcohol tests. There is no law requiring a police report.
I have never seen a fatal collision where a report was not prepared. Complicated collisions require complicated reports, which take longer.
I suggest you speak to one of us on Justia about the collision and any rights you may have.
If there is any issue involving the road/signage.a tort Claim has to be filled within 6 months of the collision, so don’t delay.
Gerald Barry Dorfman agrees with this answer
A:
I'm truly sorry to hear about your tragic accident.
In California, it's not universally mandatory for law enforcement to test drivers for drugs or alcohol in every accident, though they typically will if there's reason to suspect impairment.
Regarding information about the other driver, while you have a right to know their identity and insurance information, law enforcement might withhold certain details during an ongoing investigation.
As for the police report, the timeline can vary based on the severity and complexity of the accident, but typically, reports for significant accidents are available within a few weeks to a couple of months. If it's been two months, you have the right to inquire about the status of the report. In the interim, and especially given the serious nature of the accident, I would recommend seeking legal counsel to guide you through the process and protect your rights, especially if you're considering a civil claim against the at-fault driver.
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