Question about police report / drunk driving

[brightblack]

What is the name of your state (only U.S. law)?
New York.



I have a question:

On the 4th of July at 3 in the morning, my ex girlfriend and her friend were crossing a street and were brutally hit by a car. They were knocked out (thrown half a block, apparently) and taken to the emergency room. She suffered a fractured pelvis/other injuries.

She just recieved the police report and we found this confusing:
It was 3 am and the driver was not asked to take a sobriety test.
The only accound of the accident is by the driver who stated the light was green and he didn't see anyone crossing the street.

A woman came to the hospital, who said she witnessed the accident, told my ex 'the car was going really fast and came out of nowhere. you were not jaywalking. we all thought you were dead.'

my questions are:
Since the witness was not questioned at the scene, is there a way to add her account to the police report?

also: Considering it was the 4th of July at 3 am in Manhattan and a man and his roomate hit two pedestrians -- wouldn't it be assumed driving under the influence was to blame? Is it mandatory for the police to check this?

Furthermore, will this effect her insurance compensation?


Sorry for the long winded post. Thank you in advance for any responses this might get.

Michael

[Ajosin]

Originally Posted by brightblack

What is the name of your state (only U.S. law)?
New York.


my questions are:
Since the witness was not questioned at the scene, is there a way to add her account to the police report?

also: Considering it was the 4th of July at 3 am in Manhattan and a man and his roomate hit two pedestrians -- wouldn't it be assumed driving under the influence was to blame? Is it mandatory for the police to check this?


Michael

A witness is allways a witness so you can use the testimony if you still have the contact info. Not sure how much help it will t be though since the testimony does not condratict the drivers account; No mention that the car ran a red light. She also mentioned that the car came out of nowhere which may help the driver's case since, on the flipside, there was no way he could have seen your friends. The estimate of the car's speed is of little consquence that it is not quantifiable and the cops should be able to estimate the car's speed from the break marks.

If the driver was under the influence he would be automatically at fault even if your friends were J-walking in the dark of the night and the driver was crossing a green light. However, if there is no evidence that he was driving drunk everyone is on a fair playing field and the actual circumstances of the accident will be investigated to asign blame.

[BigMistakeFl]

I'd recommend speaking with a Personal Injury lawyer right away. That means taking civil action against the driver. It is possible that you can find the witness, and accident reconstruction experts can determine the speed of the car that hit your friend, or very close to it.