Legal Question in Personal Injury in California
Underage drinkers were allowed to leave a location by the sheriffs dept and were subsequently involved in an accident in which everyone was injured. The sheriffs were aware they were all underage and knew that they had all been drinking. No sobriety tests were given to anyone, six people left in a vehicle that contained only five seat belts and there are several other factors. I would like to know if there are any grounds for a 1983 action or a tort lawsuit?
Thank You
1prtypissedmom
1 Answer from Attorneys
I do not see any cause of action for violation of civil rights, which is what that section is for. You are stating that there may be a suit for negligence. The actions by the sheriff deputies probably comes within the discretion they are allowed to use; did you want all the kids to be arrested and taken to jail and the car impounded [they do not have to call the parents]. Was the accident caused by the driver being impaired by alcohol; tha will be very difficult to prove as no one knows what the drier's blood alcohol reading was and if the driver argues he/she was clearly too drunk to drive then the major degree of negligence is on the part of the all the occupants of the vehicle. Do you think a jury is going to award much to a group of kids who got drunk and then complain the sheriffs failed to act like good parents and send them to their rooms [in this case jail?]. Normally, law enforcement officers will not allow someone clearly under the influence to drive because they are such a danger. The jury will also wonder why the parents did not exhibit more control over their kids. The fact that one child did not have a seat belt explains the degree of their injuries, but the seated belted kids all were injured also, so how much of the injury was from a lack of a seat belt. In these tough times for public entities, it is unlike the county will offer anything to settle or a jury would award much if anything. For your peace of mind you could contact local attorneys who handle suits against public entities, but you have a very weak case. Any claim you do have must be filed against the public entity within 180 days of the accident. But it is the children who were so irresponsible that you should be angry at and might have a lawsuit against, if your child was not the driver.
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