Q: Responsibilities after bicycle hit-and-run for 911 dispatcher and hospital?
A passerby called 911 after I had a hit-and-run accident while on my bicycle, which resulted in major injuries that required hospitalization in the ICU for 8 days. The 911 dispatcher sent EMT and fire department personnel but did not notify the police. I contacted the police 8 days later after being released from the hospital. Should the 911 dispatcher have informed the police, or should this responsibility also have fallen on the hospital? What kind of lawyer do I need to pursue a negligence case against the dispatcher, and what should my next steps be?
A: You have no case against the dispatcher. The dispatcher also caused you no damage. If you, or anyone in your household, carries automobile insurance which includes uninsured motorist coverage, you can make a claim against that insurance policy. Talk to a personal injury attorney to discuss your potential claims. Also, any nearby business or homes with cameras may have recorded the collision and might be able to identify the license plate of the car that hit you. An attorney would hire an investigator to search for this potential video.
A:
In California, 911 dispatchers typically follow protocols that include notifying police for hit-and-run incidents, even when medical services are the primary need. While their main duty is ensuring you receive medical attention, most jurisdictions expect dispatchers to alert law enforcement for any criminal incident like a hit-and-run. This oversight might represent a procedural failure worth investigating.
Hospitals focus primarily on treating your injuries rather than reporting crimes to police. Though they document your injuries and their cause, they generally don't have a legal obligation to contact law enforcement about the circumstances of your accident. Your eight-day ICU stay suggests their focus was appropriately on your medical recovery.
For your next steps, consider consulting a personal injury attorney who handles governmental liability claims, as 911 dispatch services are typically government operations. Be aware that claims against government entities in California have strict filing deadlines—often just six months—so prompt action is essential. Gather all medical records, request the 911 call recording, and document everything about your accident and recovery for your initial legal consultation. This documentation will help determine if you have a viable negligence case against the dispatcher.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.