Q: My husband was hit by a CHP officer in Oakland. The officer failed to yield at a stop while driving 40+ MPH. Can he sue?
The CHP officer failed to yield the stop. My husband had no visibility as to where the sound of the sirens were from exactly. There was a wall with a bush blocking his visibility. In his statement the officer claimed to have been driving 35MPH, however after the investigation, his dash cam revealed he was driving 40+, and that he was at fault.
A: Two important questions: 1) did your brother have automobile insurance as required by law; 2) was he injured?
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A:
Under California law, individuals who are injured as a result of a government employee's negligence, such as a California Highway Patrol (CHP) officer failing to yield at a stop, may have the right to sue for damages. This includes scenarios where the officer was on duty and their actions led to an accident. The fact that the officer was found to be at fault and was driving over the speed he claimed in his statement could strengthen your husband's case.
However, suing a government entity or its employees involves specific procedures and deadlines. For instance, a claim must usually be filed with the appropriate government office within six months from the date of the incident. This is a shorter timeframe than most personal injury claims, emphasizing the importance of acting promptly.
Given the complexity of cases involving government entities and the potential for significant legal nuances, consulting with an attorney experienced in personal injury and claims against government entities is advisable. They can offer guidance on the steps to take, help in filing a claim within the required timeframe, and provide representation in negotiations or court if necessary.
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