Noticed as I was underneath the light it had turned yellow and I was struck by another driver. I had my children as well as my cousin and her children and thank goodness no one was hurt, but one child did have a bruise on her face and was checked out at the hospital. There were several thrid party witnesses for it was a busy road and they were standing wtih us helping with the children, but the officers did not take statements from anyone. THe officer in charge never talked to me ( I was the driver), but put a statement in stating I had. When I asked him he swore he had talked to me. When asked why he did not question the witnesses he stated "It was choas at the time." I have asked the for witnesses to call the police by placing it in the paper, but no such luck. Do I have a case?
Personal Injury Lawyer
I don’t know what you mean when you ask if you have a case… if you are asking if you have a case because the police did not modify the report- then no you don’t have a case. If you are asking if you have a case for personal and/or property damage, then you may have a case. Talk with a personal injury lawyer.
This response is not intended to act as legal advice. I am not licensed to practice law in any state other than the State of Illinois. No attorney-client relationship is formed until you sign an attorney-client agreement with my office.
Personal Injury Lawyer
The police report is inadmissible hearsay. Hire an attorney to interview the witnesses and get the information to support your claim.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
Criminal Defense Attorney
Do you have a case against the police? NO. Do you have a case against hte other driver? MAYBE. In NY, a person suing in a motor vehicle accident has to prove they suffered "serious injury" as defined by the Insurance Law and I doubt a bruise will qualify. The statements attributed to you by the police officer in the police report could be admissible in a motion during the case and the officer could testify to what he says you stated at trial. If you have collission insurance, let you carrier deal with repairing the car; if you don't you can sue the other driver for the property damage if you can't resolve it with his carrier.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.