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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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My wife was struck by a county patrol car that was being operated

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My wife was struck by a county patrol car that was being operated by a fully uniformed officer, This officer was suppose to be on administrative leave while under indictment for and accident she had while on duty that resulted in a 17yr old death of. there was no ticket issued even with a witness signed statement that it was the officer who was at fault. The report was fudged and the officers name was entered in the pedestrians block. The total damage to my car was $1500. So why would it warrant the Chief of police the Sheriff and 7 other city and county law enforcement officers on scene and the officer was allowed to leave the accident scene. No ticket was issued and my wife was brutalized verbally by 3 to 4 officers telling here it was her fault ( a witness testimony). clearly a cover up to block the press from seeing this officer was involved in another accident. My wife has been traumatized by this incident and is under emotional counseling yet today over the trauma and I was denied my claim for damages.
This officer was now reinstated do I have any recourse
Dear Customer, thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

I am very sorry to learn of this terrible treatment of your wife in this incident. Unfortunately, your ability to make a claim against the municipality itself is governed by the tort claims act, meaning you must go through the pre-litigation process you have described, and if your claim is denied, you are without recourse against the city.

The officer is still liable for her own conduct, and may be subject to a lawsuit directly against her (I would highly encourage you to find your own legal counsel before pursuing this course of litigation as the defenses and opportunities for representation from the municipality by the individual officer create a complex area of litigation). I would recommend counsel that can more thoroughly review the earlier proceedings in your case and better understand why you were not permitted to pursue a claim under these circumstances.

However, you do not have any right or recourse regarding this officer's career, advancement, or other issues.

I do wish both you and your wife the very best in this matter, and I hope that you are each able to make a recovery following this traumatic incident.

I hope the above is helpful, if you have any questions please do not hesitate to let me know and I will follow up quickly.

Thank you for using our service, please do not forget to rate my answer when you are satisfied. I do wish you the best of luck in this matter.
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