How do we pursue a case against CHP in the San Bernardino mountains?

Question

We were hit by a drunk driver but CHP did not perform a sobriety test. Instead the officer let him smoke a cigarette. The officer was told by locals that the man who hit us was “just weird” so he was let go. When we went to check our car at the tow yard his was there and filled with alcohol which I have videos and pictures of. The CHP also filled out the report wrong and admitted to being a brand new officer. I informed the officer about the alcohol and he said there was nothing that could be done now. We are in a lawsuit with the driver who hit us but CHP is at fault for letting a drunk driver go.

Joel Gary Selik · Answer

You would not have a lawsuit against CHP in this circumstances.  In your civil case you can still pursue the defendant for drunk driving.

William John Light · Answer

You don't have a case against CHP.

Maurice Mandel II · Answer

Your circumstances are irritating, most certainly, however, you are missing a point, that is, "Who caused you damage?"  By the time the CHP got there, the accident had already occurred and the damages were already imposed on you, even if you had continuing treatment for PI damage.  As a citizen, you are not entitled to compel the Government to Criminally prosecute anyone.  That is the job of the district attorney. Certainly, it would have been favorable for you to have a police report with a BAC on this driver, and undoubtedly the CHP officer didn't handle it in the best manner, but as several colleagues have noted, there really isn't a claim against the CHP for damages. Officers have a lot of discretion about the actions they take in the field. Finally, please note that any claim you want to make against a government agency requires a GOVERNMENTAL ADMINISTRATIVE CLAIM to be filed against the agency. You should contact the local CHP office in San Bernardino to see if they have forms for this or contact an attorney to file such a form. Thanks for using Justia Ask a Lawyer.

James L. Arrasmith · Answer

To pursue a case against the California Highway Patrol (CHP) for negligence or misconduct, you would typically start by filing a government tort claim with the State of California, which is a prerequisite to suing a state government entity. This claim must be filed within six months from the date of the incident. If the claim is denied or if you do not receive a response within 45 days, you then have the option to file a lawsuit in court.  
 
Given the complexities of pursuing legal action against a state entity and the potential for sovereign immunity issues, it is recommended that you consult with an attorney experienced in personal injury and government tort liability. They can evaluate the specifics of your case, the officer’s conduct, and guide you on the best course of action, including whether you have a viable claim for negligence against the CHP. Documentation such as videos, pictures, and the incorrect report could be vital evidence in your case.

Q: How do we pursue a case against CHP in the San Bernardino mountains?