Legal Question in Personal Injury in Louisiana

My brother was a pedestrian killed while struck by a SUV. The police officer stated, "the driver didn't appear to be intoxicated or speeding." and the driver was not given a citation. The family is not able to obtain a copy of the police report and we are getting conflicting stories as to what really happened. The speed limit was 45mph and the amount of injuries sustained in the autopsy report makes it hard to believe the driver wasn't speeding. Is there anything we can do or is this a closed case?


Asked on 4/03/10, 10:37 am

2 Answers from Attorneys

Peirce Hammond Hammond Law Firm LLC

There are two possible cases here - criminal case and a civil case. As for the Criminal Case, that is for the police to investigate and the DA's office to prosecute. As for a Civil Case, you need to hire your own attorney to investigate and pursue any potential case. If there is no criminal case that does not mean you don't have a civil case. You can supply the police and DA's office with any evidence of a criminal violation you may have or that your attorney may develop. The police should release the initial police report. They typically don't release the subsequent criminal investigation reports but your attorney may be able to obtain them. We would be happy to give you a free consultation on this matter. Please give call me, Peirce A.Hammond, at 504-299-3458 if you would like to discuss this further.

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Answered on 4/08/10, 10:54 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

From your zip code, I am not sure where the accident happened. If in Louisiana, you can get the accident report......if you are being stonewalled, then that is something an attorney can take care of. I live in SW Louisiana, but if the accident occured anywhere in Louisiana, I would be happy to spek with you about this. Not promising anything however.

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Answered on 4/08/10, 6:34 pm


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