Legal Question in Civil Litigation in New York

In August of 2008, I was hit by a drunk retired cop while passing through an intersection while the traffic signal was yellow. Unfortunately, I was on a motorcycle. I was critically injured and am just now recovering. My attorney is filing for a summary judgement because the evidence is so overwhelming. Believe it or not, the drunk hit and killed a pedestrian 2 hrs later!

My question concerns the actions of the officers who responded to the accident and whether or not I have a civil claim against the police department/city. The retired cop repeatedly identified himself as a "cop" verbally and also flashed his badge repeatedly. The responding officers at the scene ignored the lone eye witness' account of the accident and made up their own cause. They attributed the accident to excessive speed while the eye witness insisted speed had nothing to do with it. The retired cop failed to yield the right of way, turning left in front of me as I attempted to pass through the intersection heading in the opposite direction. The eye witness also told the police that the retired cop smelled of alcohol and was pretty certain he had been drinking. The police completed the accident report with a fictional information and even made up the existence of another witness. Three days after the accident, 2 officers questioned the eye witness again because of the death of the pedestrian 2 hrs after my accident.. The eye witness again stated that he was pretty sure the retired cop had been drinking. The eye witness explained to the officers that he couldn't afford to miss work for a court case. The officers assured him that it would never get that far. Again, the police ignored the information from the witness regarding the smell of alcohol on the retired cop.

I believe the actions of the officers from the scene nearly denied me my right to due process (procedural?). By conspiring to fault me for the accident, by ignoring the witness' account, and by filing a false instrument (accident report), the officers nearly denied me my right to a fair civil suit against the retired trooper.

Wasn't my right to a fair, honest and unbiased investigation violated? Do I have a case for a civil suit against the city/police department?


Asked on 12/13/09, 9:25 pm

1 Answer from Attorneys
Elizabeth Karnazes New York Offices of Elizabeth Karnazes

You should be asking your attorney these questions. If you do not trust your attorney's advice, get a new attorney. The summary judgment motion sounds like a huge long shot based on the limited information in your question. Good luck!

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Answered on 12/18/09, 10:26 pm


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