Legal Question in Civil Litigation in California

Traffic

Traffic accident. Police respond. Car causing accident leaves scene. Police ask remaining driver (who's car is totally wiped out), if he's o.k. Responds "yes." Police leave the scene of the accident. Driver has to wait two hours for a tow truck. Did police have a duty to make sure the driver was o.k. (he had a concussion), and stay with the car?


Asked on 8/19/00, 12:33 pm

1 Answer from Attorneys

John Hayes The John Hayes Law Offices

Re: Traffic

The police have a duty to take a police report which includes getting the information of the drivers involved including name, address, telephone number, insurance company and policy number and any statements from witnesses. As far as their duty to remain with you that depends. If they asked if you were okay and you said yes they really didn't have a reason to stay at the scene unless they had a reason to think you weren't okay. They probably should have called an ambulance, but they went on your statement that you were okay. Is there any other reason you think they should have stayed with you? Was it obvious to any other witnesses that you had a concussion? How do you know you had a concussion? Did you go to the hospital following the accident? Unless there are other details you failed to mention I don't think the police were negligent. They might not have been very helpful but that is the case most of the time with police officers.

Now, as far as your accident goes are you being provided with a rental car while your car is fixed or is being evaluated for a total loss? Have you been in contact with the other driver's insurance company to file a claim? If you are not sure where to start in getting things taken care of I would be happy to help. I have specialized in these kinds of cases for over 12 years. If you need help working with the insurance companies please feel free to contact my office toll free at 877-546-9918. I offer free, no obligation consultations and I work on these kind of cases with no money up front. Basically I get paid when the case is settled with the insurance company. My job is to get things back to the way they were before the accident, your job is to get treatment for your injuries and get your life back on track without worrying about having a car or paying your medical bills.

I wish you the best of luck if I don't hear from you.

Sincerely,

John Hayes, Esq.

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Answered on 9/26/00, 5:56 am


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