The Los Angeles Times recently reported that a settlement was reached in a case involving a horrific 2009 car crash between the LAPD and a young woman. The woman, who died a few days later, was 25-year-old Devin Petelski. Petelski was driving home from her job as a counselor for troubled children. She suffered traumatic chest and head injuries. Following the accident her family filed a California wrongful death lawsuit against the city police, claiming that the patrol cop was driving at excessive speeds and failed to turn on the car's emergency lights and siren.
Despite the settlement, each side has provided drastically different accounts of the accident. The police officers involved were responding to the scene of a burglary in process. They claim that Petelski came flying out from a side street, causing them to slam into the driver's side of her BMW sedan. Both officers suffered minor injuries after swerving onto the sidewalk and hitting a tree. The first officer who arrived on the scene performed CPR on the young woman and stated he detected the smell of alcohol on Petelski's breath, a claim that was resoundingly dismissed when blood tests were done at the hospital shortly after the crash.
When a car or other type of accident causes a death in California, San Francisco accident lawyers know that many types of evidence can affect the outcome of a case. For example, eyewitness testimony can be extremely important in persuading a jury. In Petelski's case, witnesses provided varying accounts, with some saying the police were driving as fast as 80 mph. The officers claimed they were going approximately 50 mph.
Accident reconstruction can also serve as powerful evidence in a wrongful death case. According to the LAPD's Specialized Collision Investigation Detail, the officers were traveling at approximately 49 mph at the moment the brakes were applied. Members of the Detail measured the length and direction of the skid marks left by the tires, weighed the two cars, and determined where the cars ultimately ended up after the accident. However, when an independent expert completed tests on the police car's powertrain control module (a device similar to a black box on an airplane) they concluded that the police car slowed nearly to a stop and then rapidly accelerated less than 20 seconds before colliding with Petelski. After this evidence came to light, the LAPD and Petelski's parents reached a settlement.
As a San Francisco personal injury attorney, I have handled many accident cases involving public entities over the years. Public entities could include BART, Muni, or school buses. Such accidents have specific claims-filing requirements that are different from the general two-year filing requirements for standard personal injury cases, including wrongful death cases. Typically, if you become involved in an accident with a government entity, your claim must be filed with that entity within six months. Talking with a lawyer before that six-month period ends is crucial in cases where a public entity may be a defendant. Otherwise, your legal claims could be time-barred, which means that you may not be able to recover any form of financial compensation to cover medical expenses, lost wages, or other injuries.
Sadly, Petelski's death probably could have been prevented. When accidents happen, Bay Area accident lawyers know it can be reassuring to have a dedicated advocate on your side. The lawyers at Callaway & Wolf will give your case the professional, personalized attention you deserve.
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