Many times a traffic collision report in a death case is not complete or available for months after the collision. Generally the investigating agency wants to fully complete their investigation before issuing a report. This is especially true in cases of a death or serious injury when the facts, causes and/or fault are not clear.
Have you not received a report because it isn't finished or because the agency doesn't believe you meet the requirements for obtaining a copy of the report?
Per California Vehicle Code Section 20012, traffic collision reports are for the confidential use of the DMV and CHP. However, the agency making the report shall disclose the entire report to:
A party involved in the incident (driver, passenger, non-motorist, witness or owner of damaged property including a damaged vehicle)
The legal guardian or conservator of a party involved in the incident, or a parent if the party is a minor
Legal representation for a party involved in the incident
The owners of vehicles or property damaged thereby
Persons who may incur civil liability
The insurance provider for a party involved in the incident
The police department that investigated this incident or their technical staff
Consider (1) Asking the defective to give you as much information as he/she knows at this time, pending your receipt of the full report; and/or (2) Retaining an attorney to represent your family.
Most skilled and experienced traffic collision/wrongful death law firm's will provide your family a free consultation, obtain the traffic collision report for your family, analyze the repot with you and advise you of your options...without any cost or obligation in a circumstance like you have described. This is normal procedure in our law firm as well.
John Bisnar
Bisnar|Chase, California Car Accident Attorneys
800-956-0123
Answered on Apr 15th, 2012 at 9:01 PM