Can I bring a suit against the police and highway departments regarding an accident?
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Can I bring a suit against the police and highway departments regarding an accident?
I was blamed 100% by the officer investigating my accident. I found out from another police force officer that this police agency is scared to give out tickets. I have gotten evidence through talking to the highway engineer where the accident happened that the truck driver should not have make a turn like he did. I maybe 50% at fault but not 100%. If this truck driver had not made the turn as he did there would be no accident. My insurance company is useless an only looks into the accident if you are hurt bad all killed. If possible I want to file a civil suit. This truck driver should have gotten a ticket.
Asked on December 15, 2018 under Accident Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, you can't sue the police and highway department: they did not cause the accident; they did not hit or damage your car. You can only sue the at fault persons who caused the damage. You also cannot sue them for not ticketing the other driver, since they have no duty or obligation to you to ticket others; i.e. you have no basis for suing over this.
What you can do is sue the truck driver and/or truck's owner (if not the same person, you can sue both) for any damages or losses you suffered. It doesn't matter if your insurer does not take you side--you still have the right to sue.
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