concord california.daughter driving on road 9:00pm @55mph (limit).comes over blind hill and police officer has traffic stopped to talk to women walking on side of road.she is car number 5 with no room to stop and hits car in front which causes a chain reaction.officer did not mark top of hill with a flare or flasher and stop was not an emergency situation.does he not have a higher level of responability to think about the possible situation he is setting up.daughter is being blamed with catch-all law about driving too fast for roadway conditions.of course everybody has back pains and wants more money than insurance policy provides for.any help would be great.
2006-07-21 06:10:14 · 5 answers · asked by Roger D 1 in Politics & Government ➔ Law & Ethics
Unfortunately, they'll expect your daughter to be a mind reader and psychic to know that traffic is stopped, so your daughter will be screwed by this mess. I agree that if traffic is going to be stopped by police there should be warnings at the top of the hill.
She may need to consult an attorney.
2006-07-21 06:23:21 · answer #1 · answered by JMC 2 · 0⤊ 0⤋
Yes, the police officer has a legal duty taht whenever he has traffic stopped for whatever reason, he must make sure that this does pose any type of risk to traffic flow to prevent exactly what happened above. Unless, the police dept can actually show that your daughter was speeding via skid marks, under safe conditions, then she is not at fault, because the officer should not have had traffic stopped in the traffic lane unless there was a wreck and he didnt have time yet to set up emergency flares. True one should drive with the possibility that anything could happen at any time but should also reasonably expect a police officer to take extra care in doing traffic stops over a blind hill. Id get an atty and fight this one hard. Unfortunately in todays society a rear end collision is an easy excuse for people to sue and back injuries are the hardest to disprove so this should be expected. Your atty should be able to subpanoe as hostile witnesses the cars ahead of you in proving the police set up,as unintentional as it is, a very dangerous situation and are therefore at fault, not your daughter. Good Luck
2006-07-21 06:36:31 · answer #2 · answered by Arthur W 7 · 0⤊ 0⤋
You might need to get a lawyer. It sounds like you have a good case to be able to put all the blame on the police officer. Im pretty sure that it is standard policy for them to put warning devices around blind hills/curves. If the officer did not act according to policy then he is liable. Your daughter shouldnt be able to be blamed for driving to fast for roadway conditions if she was going the limit. You will probably have to get a lawyer though, cause the police department doesnt want to pay for all those peoples injuries, so they will most likely provide their officer with a good lawyer.
2006-07-21 06:32:18 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Sorry. I can see where your daughter had no chance to avoid accident etc. but there are no circumstances where you can legally drive your vehicle into someone else's or a person on or off the roadway. You can file a claim against the police officer who was stopped in the front to try to offset the claim somewhat but the 4 cars in between appear from your description to not have any fault.
2006-07-21 06:26:01 · answer #4 · answered by frankie59 4 · 0⤊ 0⤋
thats easily genuine it wa son the information quizz very last 3 hundred and sixty 5 days i imagine, i replaced into crackin up for days and easily the gadget exploded in there hand using signal the airoplane despatched bak
2016-12-10 13:04:20 · answer #5 · answered by Anonymous · 0⤊ 0⤋