. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.

ARTICLE ID 195698

$________ – POLICE LIABILITY – DECEDENT'S VEHICLE IS STRUCK AT 80 MILES PER HOUR BY POLICE CAR WITHOUT LIGHTS OR SIREN ACTIVATED – WRONGFUL DEATH OF 34-YEAR OLD MOTHER OF THREE.

Los Angeles County, CA

In this negligence matter, the plaintiff alleged that the defendant police officer was negligent in the operation of his vehicle in a reckless and negligent matter at speeds in excess of 80 miles per hour without lights or siren, which collided into the plaintiff’s vehicle. As a result of the collision, the plaintiff’s decedent was suffered fatal injuries. The defendant denied any wrongdoing, and maintained that the decedent was liable for the collision.

On July 24, ________, the 34-year-old female decedent was exiting her driveway and entering the roadway where the incident occurred at approximately 2 a.m. to pick up her common law husband from work when she was struck broadside by the defendant’s police cruiser. The cruiser was traveling at a speed in excess of 80 miles per hour without any emergency lights or siren activated. The impact so great that it split the plaintiff’s vehicle in half, and she was taken by ambulance to the hospital where she died as a result of the injuries sustained. Investigation disclosed that the officer who was driving the cruiser at the time of the collision was involved in other automobile collisions, and was in the process of responding – along with other officers – to a report of an automobile/pedestrian collision. The other officers responding to the incident were code 3, meaning forward facing emergency lights and sirens were activated. The defendant’s officer, who was about a half mile behind the other vehicles, made a conscious decision not to operate code 3. The investigation confirmed that he was operating his vehicle at speeds in excess of 80 miles per hour and collided into the decedent’s vehicle at approximately 70 miles per hour. This evidence was concluded by: California Highway Patrol, MAIT, the dash cameras of the defendant’s vehicle, as well as other officer’s vehicles and video surveillance from several businesses along the path of travel, including an interview with the officer himself. The plaintiff brought suit against the defendant alleging negligence and recklessness by its officer in the operation of his vehicle, which directly resulted in the death of the decedent.

The defendant contested liability and alleged that the decedent was the cause of the collision for entering the roadway when it was not safe to do so. The defendant also alleged that the decedent was not wearing a seat belt, and her injuries and damages were as a result of her own negligence.The parties mediated the claim and it was resolved for the sum of $________.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.