Quote:
Originally Posted by Seahawk
My sister was a DA in South Carolina and we had to chat today concerning the house I just bought, which is 1/4 mile or so from hers.
So I asked her a few minutes ago.
Predictably, she said California is different than SC, but she would have had an assistant take the case and prosecute if asked.
She also mentioned going after his insurance carrier as well as civil suit to recover damages, medical, etc.
She recommended starting with the DA so the facts can be gathered, witnesses talked to, etc. at no cost to your friend. Then engage with an attorney to gauge the benefit of a civil suit.
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Thanks very much for asking re. this.
At this point we are trying to find out how the police report can be viewed/discussed before it goes to the DA. We think there are three potential charges:
- hit and run, this applies to bicycle vs bicycle in CA? (didn't slow down and left the scene)
- misdemeanor or felony battery (a bone was broken because he went down after being hit)
- road rage
Our take on this is that the police report will be key for if the DA decides to file charges. Any ideas on how to "work" with the police as they work on the report are appreciated.
Not engaging a lawyer for getting the civil damages at this point. Probably will use small claims court if the DA gets a conviction.