Legal Question in Civil Litigation in California

Liability for a traffic accident - Is it the Gov't agency, the employee or both?
I was involved in a vehicular collision with a Riverside County undercover sheriff in Orange County. Though the accident was clearly his fault, the Anaheim PD officers who took the report sympathized with him and faulted me for a violation of the CA vehicle code. The collision report was a total work of fiction which is supported by neither the physical evidence nor my passengers, who were never even interviewed by the responding officers. When I received the collision report I disputed it, filed a supplemental and requested that I be cited for the violation so I could get my day in court. They refused.

I then filed a demand for payment with the County. It was denied. I believe I can prove my case and plan to file a small claims lawsuit. I just need to know who to name in the lawsuit - the County, the officer, or both. Thank you.

Asked on 12/10/03, 11:11 am

Robert F. Cohen Law Office of Robert F. Cohen

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Re: Liability for a traffic accident - Is it the Gov't agency, the employee or b

Name both in the lawsuit. However, if you plead guilty or are convicted of a driving infraction, your small claims case might be in jeopardy.

Answered on 12/10/03, 11:43 am

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