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When a cop shows up to a accident and a victim is still in a totaled car, should the cop be on the radio to get help?

York, PA |

I was in a 3 car accident on a 3 lane highway, still sitting in the totaled car having a seizure when the police showed up, No ambulance at all to the accident scene the whole time

The cop thought I was under the influance of a drug. My emergency card in my wallet has a contact, the contact didn't know about anything til I called her when the cop finished with me

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Attorney answers 3


First responders must reasonably assess the situation. That being said, they are acting during an emergency situation and do make mistakes. If the police mistook your seizure for illicit drug use and that delay in treatment did not cause you any harm, beyond what you would already go through due to the crash, there is no claim. Regardless, without knowing more, your eyes should be fixated on the person that caused the crash. Go see a personal injury attorney and they can evaluation who may be an appropriate party to a claim.

I hope you get better soon.

Legal Disclaimer: Mr. Habberfield is licensed to practice law in the States of New York and Pennsylvania. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Habberfield strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.


A police officer is trained to assess the situation and prioritize their actions. Mistakes are sometimes made, but overall they do an excellent job.


Sounds like the officer used poor judgment. If the collision was very severe an ambulance should have been called. Even so, I don't think you have a legal claim against the officer.

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