Can a person sue a police officer who made very bad mistakes in his traffic report that caused my husband's eventual death

My husband was hit from behind by a man admittingly speeding and preoccupied. He says that as he was coming over a hill,he didn't have time to hit the brakes and slammed into my husband causing his van to nearly hit another vehicle. That distance was 3/10's of a mile. The report says 1 injury, yet my husband also went to the same ER. The report says my husbands van was driven from the scene, IT WAS TOTALLED. Charles Pinneo, who caused the accident was never even given a speeding ticket. 2 witness gave the same story, but the officer paid no attention to that. My husband suffered a TBI & died after 7 years of hell. That pathetic report hurt our case against our Insurance co. we had a million dollar underinsured policy to protect our 7 kids should this ever happen.but they only paid $350,000

Hooksett, NH -

Attorney Answers (3)

Christian K. Lassen II

Christian K. Lassen II

Car / Auto Accident Lawyer - Philadelphia, PA

No, but a good lawyer should have gotten you the full policy, unless you tried to do it without a lawyer.

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Manuel Alzamora Juarez

Manuel Alzamora Juarez

Car / Auto Accident Lawyer - Berkeley, CA

I agree with attorney Lassen. If the policeman was mistaken and made serious errors in reporting the case, in the end if the case goes to trial, It really does not matter what the police report says because it is hearsay. You do not mention whether you had an attorney or not. If you have had a good PI attorney, your case would have been different. Oh I forgot, I do not think you can sue the policeman for writing the bad accident report. Sorry for your loss.

This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more
Jeffrey Bruce Gold

Jeffrey Bruce Gold

Car / Auto Accident Lawyer - Bellmore, NY

You can't sue the police for failing to create a better report. I can't see why a TBI is worth only $350k when you had a million dollar policy. It doesn't sound like you were well represented.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more

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