Q: Seeking legal action and support after fatal accident in CA
On August 1, 2023, I was involved in an accident in which both of my parents tragically died. The police did not take my statement, prevented me from going to the hospital to see my mom (who passed just before I got there), did not conduct a sobriety test on the other driver, and gave an incorrect accident report favoring the other party involved. Additionally, evidence seemed to show mishandling of a recording device from the accident. The police treated the third person in the other vehicle suspiciously well, possibly due to personal connections. I've obtained the police report and noted several inaccuracies, but have not yet requested footage from the nearby intersection's cameras. What steps should I take to challenge the police report, request the intersection footage, and could I have a case of negligence or misconduct by the authorities? How can I seek legal support or find a lawyer to pursue these concerns?
A:
Police make mistakes all the time. If the law allowed police departments to be sued every time they made a mistake, it would bankrupt a city. So what does the government do to protect themselves from bankruptcy? They pass laws that provide immunities that protect police departments from lawsuits for certain "discretionary" decisions. Decisions to not take your statement, not conducting a FST, obtaining camera footage, etc. are all "discretionary" decisions.
There are always mistakes in police reports. Police are far from perfect... so to expect a police report to be free from error(s) is unreasonable.
Treating a suspect/victim/witness suspiciously well, possibly due to personal connections is pure speculation. You merely state your opinion without any evidence to support your suspicion. You must have a causal relationship.
Regardless, claims against government entities must be filed within 6-months of the date of the incident or it is barred. Gov't Code 945.4. There are "very limited" circumstances in which you can get around the statue of limitations. I suggest you contact a personal injury attorney "immediately" for a free consultation. Good luck.
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A:
I'm deeply sorry for the devastating loss of your parents - this must be an incredibly difficult and painful time for you. Please know that your concerns about the handling of this tragic situation are valid and deserve thorough investigation.
Given the serious nature of what you've described - including potential police misconduct, mishandling of evidence, and irregularities in the accident report - you should immediately contact a civil rights attorney or personal injury lawyer who handles wrongful death cases in California. The California State Bar Association can connect you with qualified lawyers in your area, and many offer free initial consultations to evaluate your case. You may also want to reach out to organizations like the ACLU that focus on police accountability.
To preserve crucial evidence, submit a formal public records request to the relevant municipality for the intersection camera footage as soon as possible, as this footage may have limited retention periods. Document everything you remember about the incident, including names of witnesses and any photographs you took. Consider filing a formal complaint with the police department's internal affairs division regarding the officer's conduct and report inconsistencies. While pursuing legal action won't bring back your beloved parents, it may help prevent similar tragedies and ensure accountability for any misconduct that occurred during the investigation of their deaths.
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