Car accident victim suffered concussion and loss of memory. Police used statement from other party to determine fault. Help!!!

Personal Injury 4 views 2 answers
My husband was in a T-bone car accident in an intersection, he was hit in his driver's door. She was heading straight through an intersection, and he was turning left at a left turn signal in the intersection. He received a concussion from his injuries and today has no memory of the day. I saw my husband's car in the accident and called to see if it was him, He said "Yes, someone ran a red light and hit me, but I'm ok." When I called a second time, he sounded sick and said that he thought he was going to throw up and pass out. There are NO third party witnesses. At the scene, the police took a statement from the other party who said my husband ran a red light. The officer tried to get a statement from my husband who was "out of it" from his head trama and his response was that he "didn't remember" and that he "didn't know where he was going." From that, the police report found my husband at fault. But gave NO citation. The officer said that based on statements made by the two parties involved he found my husband at fault. When I asked the officer about this, he said that all he had was the other parties statement to work with since my husband didn't know anything. When I asked about the other cars speed, and that there were no skid marks (even though she said she braked), and that the light sequence matches her running a red light as he entered the intersection on his green light. He said that he couldn't determine speed and that even though the sequence of lights match my husbands story, it doesn't prove anything. He said that in every accident, someone is at fault, and he determined my husband to be at fault since all he had was the other parties statement saying that my husband ran the red light. No physical evidence was used to determine fault. Now when my husband was in the hospital right after the accident, after his CAT scan, he left a recorded message on his bosses voice mail stating that he wouldn't be in work today since someone ran a red light and hit him. This matches what he told me on the phone right after the accident occured, before he felt like he was going to pass out. Unfortuantely, since my husband has lost his memory for the entire day, he doesn't even remember the phone call to his boss, he is unable to provide "his side of the story". And the insurance company, after hearing the recorded message left with his boss said that they can't use this recording as a statement since it doesn't have all the details of what happened, it only states that someone ran a red light and hit him. And since the police report says he is at fault, they can't dispute the claim of the other party. My questions are: 1. Can police determine fault based on only one person's statement? Doesn't the fact that he suffered a head trama and was confused show that he is unable to give a statement. And so the report should show that fault can't be deteremined since the physical evidence doesn't show who was at fault, and there are no third party witnesses? 2. Shouldn't insurance companies, under these circumstances, take into account his recorded message stating his side of what happened? At least accept it as evidence that her statement may be incorrect. 3. Can't insurance companies investigate what happened based on physical evidence. For example. The sequence of the lights. no skid marks (was she not attentive) (she also said that she hit her brakes) (or did anti-lock cause this) Speed. She said she was going 30-35 miles, & hit her brakes before hitting my husband. She hit his car so hard it spun 90 degrees to her direction. Is this possible at the braking speed she claims? Also, the sun rises into the eyes of drivers headed in the direction of the other driver. The sun is so bright, and right at the level of the street lights, that I have seen drivers putting their hands up by their eyes to shield the sun light. The insurance doesn't want to dispute her claim. What should we do now?

Attorney Answers

2
David McDonald RingPersonal Injury LawyerLos Angeles, CA ·
You have two choices: (1) let your insurance company settle the claim brought by the other driver, which will be in her favor and against you; or (2) hire an attorney to dispute fault in the case and to bring a lawsuit against the other driver. The other driver will also then counter-claim against you, and then it will be a matter of who can prove what in the case. Your husband's lack of memory is a problem, but is not fatal to his case. A good investigator can still possibly find evidence or even witnesses that could assist your husband's version. You should absolutely save the messages your husband left - it is possible they could be admissible evidence down the road. The police report is NOT binding on the issue of fault at trial. The police officer's opinion of fault is INadmissible at trial. Bottom line: it sounds like your insurance company is not going to put up a fight on your husband's behalf, but if you consult with a plaintiff personal injury attorney, and they take on the case, they will put up a fight on your behalf irrespective of the insurance company. Good Luck.
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Norman Gregory FernandezCar / Auto Accident LawyerHuntington Beach, CA ·
If you husband made the statement that the other person ran a red light just after the accident his statement can be used as evidence because it is a hearsay exception. The police report putting your husband at fault is certainly going to be a problem, especially if there are no other witnesses besides the two that made a statement against him. I handle car accident cases all over the State of California. You may call me for a free consultation on your case at 800-816-1529 ext. 1 to discuss this further. Norm
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