Welcome to the 1st Aid Site!
Everything First Aid Related...

Can I sue the FHP for improper investigation of car crash?

After being on the highway for less then a minute,I was up to maybe 83 mph. there was noone behind me,I chose to let off the gas to slowly slow down.I was at about 80 mph when I saw in my rearview mirror that a truck was 4 car lengths behind me, I still wanted to drop about 5/7 more mph.it was still dark out,I chose to gently press my brakes to reduce speed this time and let the driver behind me be aware. Then the driver became so close to me that I couldn’t see the headlights,My speed at that time was around 78 mph,which I maintained.In my passenger side mirror I saw the trucks headlights(no blinker) peering out from behind me.I saw light out of the corner of my eye which forced me to look in its direction. realized the light was from headlights coming toward me at an angle.I tried to push the brakes & veer left but I was hit in the front right of my vehicle before completing either.Rolled,ejected, trapped under my own vehicle. flighted & in the hospital for 18 days.

The other driver was fine and my passenger had a broken collar bone. The other driver and my passenger were spoken to at the scene - my passenger in the back of an ambulance with oxygen on and apparently told the trooper I tapped my brakes..just as the driver said...

I was not contacted by the FHP until about a month after the accident, however the police report was made prior to ever speaking to me.It said I would be cited when released from (from wrong hospital name), said neither of us were speeding when we both were - says first point of impact on both vechiles is exactly how I said the accident happened but the driver says he never hit me. After leaving 2 messages, I was contacted by the trooper and was not cited instead the other driver was and my passenger had now told the trooper that he didnt remember *rolls eyes*

For the other drivers traffic court date: trooper was late, infact forgot the court was that day and had to get dressed, etc and get there so had to wait until the end. My passenger didnt show up.Trooper had no pictures,no proof, a diagram that didnt make sense, etc so the judge ruled conflicting evidence, ticket didnt stick.

Now adjuster isnt budging because of the road rage claim and this guy is completly guilty and is totally winning this all because of what he says and because there is no evidence to support either claim. The trooper should have taken pictures, treated it like a crime scene (i was flighted out right away with my breathing at 18 when normal is 98), made sure all the information - names of hospital,speeds, etc were correct, contacted me immeditaly prior to making report, etc Can I sue the FHP for doing such a crappy job that is basically causing me my claim?!?!

Sarasota county Florida - Venice, FL FHP

------------------------------------------------------------------------------------------------------------------------------------------------
FLORIDA HIGHWAY PATROL POLICY MANUAL:TRAFFIC CRASH INVESTIGATIONS
POLICY 17.04 (pages 6,7,8)

2. The primary responsibility of the first officer responding to the scene of a motor vehicle collision is to care for injured persons and to protect the crash scene. Consequently, members shall:

a. Position the patrol vehicle to protect victims or warn other motorists of roadway obstructions or hazards that cannot be moved from the roadway. (Members are cautioned not to rely on the presence of the patrol car to divert traffic around crash scenes. Other warning measures should be employed as well and vehicles should be removed from the roadway once the need to protect victims or warn other motorists no longer exists.)

b. Utilize vehicle emergency lighting to maximize visibility/warning. Augment with safe, proper placement of fuses if appropriate.

c. Assess injuries, provide immediate aid to victims and initiate requests for first responder services (i.e.; fire equipment, hazardous material response units, ambulances/paramedics, power companies, tow trucks, etc.)

(1) Members are responsible for caring for victims until professional medical assistance becomes available.

(2) Treatment of victims will be turned over to qualified medical personnel upon their arrival.

3. Subsequent to arranging for treatment of the injured, the investigating officer should initiate measures to neutralize any remaining hazards and perform secondary duties prior to commencing an investigation, including:

a. Hazardous material spills/incidents

(1) Procedures for dealing with such incidents are outlined in US Department of Transportation publication entitled "Emergency Response Guidebook."

(2) Member's responses to such incidents shall be in accordance with the provisions of the Emergency Response Guidebook" and Chapter 16 of the Florida Highway Patrol Policy Manual and will not exceed the scope of the member's training.

b. Maintaining order.

c. Establishing a safe traffic pattern around the crash scene. Cones, flares or
Ive had my attorney for a year now and have mentioned this (but justnow found the manual) and he has done nothing and wasnt even interested....in the process of getting a new attorney....was just curious what some other educated opinions were =)
The Qualified Immunity Defense

Defense attorneys representing a police officer for any of these claims will raise a defense of qualified immunity. This defense exists to prevent the fear of legal prosecution from inhibiting a police officer from enforcing the law. The defense will defeat a claim against the officer if the officer's conduct did not violate a clearly established constitutional or statutory right. In other words, the specific acts the officer prevented the individual from engaging in must be legally protected, otherwise there is no civil rights violation. In order to win a civil rights claim, an individual bringing a police misconduct claim must prove that the actions of the police exceeded reasonable bounds, infringed the victim's constitutional rights, and produced some injury or damages to the victim.

Public Comments

1. Your question is a PERFECT question, but you are asking strangers online to give you best guesses. And you have no idea what qualifies any of us to provide accurate answers.

Ask your attorney. If you sue the State of Florida without an attorney, you can be absolutely sure of only one thing...YOU WILL LOSE.

Consult your attorney. If you do not have an attorney, use the lawyer referral service in your city or at the state's bar association website.

2. While I strongly suggest you consult your attorney I think he will explain to you that police officer and other have what is know as "Qualified Immunity" in situations like this.