Legal Question in Personal Injury in California

If collision report says who caused accident...
I am a pedestrian who was injured in an accident when struck by vehicle...I was unconscious part of the time after and could not remember my name at first...in collision report it says I was at fault and the person that struck me has a viable ''story'' supported by 2 other ''witnesses'' and it is not at all what I remember. Also when CHP arrived at scene we were 1 block from the site that driver says collision occurred...I had fractures which would have made it practically impossible to walk that distance....if driver fabricated the story do I have a chance of contesting this?

Asked on 11/04/03, 6:20 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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Re: If collision report says who caused accident...

A police report is not the final word on what happened, and if you think you have rights based upon different facts then you can sue and try to prove your case. Keep in mind that you will have to overcome the expert opinions of the officers who wrote the report, and that you will likely need to hire an accident reconstuction expert in order to do this. If you plan to rely on your own memory of events then you will have a further problem, since your memory was evidently affected by the accident. You may need a medical expert to show that your memory is indeed reliable. These experts can be expensive.

Answered on 11/17/03, 5:17 pm

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Mitchell Roth MW Roth, Professional Law Corporation

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Re: If collision report says who caused accident...

Sure. You need to have a good personal injury lawyer look into it for you.

Answered on 11/17/03, 5:52 pm

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