Legal Question in Personal Injury in California

my son was hit by a truck driver while he was riding his bike. my son was with my other son who is 13 and his friend 13yrs old as well. there were two adults at the scene of the accident who saw everything. when the driver hit my son he drove away and came back to ask "are you okay". while my 6yr old son was thrown off of his bike on the ground unresponsive, my 13 yr old son said yes. He then drove away without leaving any info on himself. However the couple that witnessed the whole thing drove behind the truck driver and followed him to his address and took his plate #. they came back to the scene to give statements to the officers. they also took pictures of his bike with their phone. I left in the ambulance with my son and my 13 yr old stayed behind to finish talking to the officers. when obtained a copy of the report the officer did not include the adult witness' statements and the statement that the truck driver gave was a lie according to all other witnesses saying that my son hit his truck with his bike(my son's bike was damaged in the back tire area). I spoke with the officer and sgt says that this is not criminal behavior and will not add any witness statement to report because he came back and said are you ok but did not leave any info at the scene. They say that they cannot assist me any further. Is this lawful what the cops are doing? Is it lawful what the driver did?

Asked on 10/04/10, 6:20 pm

4 Answers from Attorneys

Ben Glen Law Offices of Ben Glen, PC

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I need more information about what happened at the scene and whether the driver knew your 6 year old was unconscious and involved in the collision. The police should have followed up on this, particularly when a young child (or anyone) is seriously injured--and being unconscious can be a sign of a serious injury, such as brain damage or other traumatically induced injuries. The police were told of your son's condition and should have made further inquiries.

Did your 13 year old know about your 6 year old's condition?

Was your 13 year old only speaking about himself in response to the driver's inquiry to him?

What is your son's condition? What was the diagnosis at the hospital?

Feel free to contact me 7 days a week, until 10 pm, to speak about this matter. I can be reached at 1-(877)-236-4536.

Answered on 10/09/10, 6:45 pm

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Steven Kuhn Steven Kuhn

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It is not lawful to lie. Also, a police report is not conclusive as to is at fault. The witnesses whose version was not included in the police report are important. Retain an experienced personal injury attorney who can retain private investigator to obtain their statements.

For more information or a free consultation, visit our web site at www.lawkuhn.com or call our toll free number listed on the website.

Answered on 10/09/10, 8:52 pm

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BRUCE NELSON BRUCE E. NELSON ATTORNEY AT LAW

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The comments made by the other two attorneys are correct.I see from your zip code that you are in the Sacramento area and if you would like to discuss this further I can be reached at 916-448-8831 for a no charge consultation.

Answered on 10/09/10, 11:51 pm

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