Can I bring a suit against the police and highway departments regarding an accident?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I bring a suit against the police and highway departments regarding an accident?

I was blamed 100% by the officer investigating my accident. I found out from another police force officer that this police agency is scared to give out tickets. I have gotten evidence through talking to the highway engineer where the accident happened that the truck driver should not have make a turn like he did. I maybe 50% at fault but not 100%. If this truck driver had not made the turn as he did there would be no accident. My insurance company is useless an only looks into the accident if you are hurt bad all killed. If possible I want to file a civil suit. This truck driver should have gotten a ticket.

Asked on December 15, 2018 under Accident Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you can't sue the police and highway department: they did not cause the accident; they did not hit or damage your car. You can only sue the at fault persons who caused the damage. You also cannot sue them for not ticketing the  other driver, since they have no duty or obligation to you to ticket others; i.e. you have no basis for suing over this.
What you can do is sue the truck driver and/or truck's owner (if not the same person, you can sue both) for any damages or losses you suffered. It doesn't matter if your insurer does not take you side--you still have the right to sue.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption