What can I do if my daughter was involved in an accident that wasn’t her fault?

My 17 year-old was in a car accident in which she collided (rear-ended) with a car that had just rear-ended the car in front of it. My child has always stated that the car she hit was moving backward toward her as she was hitting the brakes. The air bags deployed causing minor injuries to my daughter and her passenger. After the impact, the other car drove up the street approximately 60-70 yards and turned into the neighborhood. We believed the accident to be a hit and run until over two weeks later when we were able to buy the accident report online because my child wasn't able to exchange insurance information with the other driver, and the police officer did not provide any helpful information (including ANY information about the other driver) when I arrived at the scene. In fact, the officer just kept saying "I have to go, " each time I asked a question. My child's injuries were friction burns on both hands from the airbag and her passenger received a broken wrist when the airbag hit it upon deployment. We have a statement from my child's passenger that verifies that my child was totally focused on the road and that the other vehicle was coming toward them as they tried to stop. The burns on my child's hands show that her hands were exactly where they both should have been: the steering wheel. I have photos documenting this. My child is not reckless. She is an AP & Honors student, high GPA, academic and music awards and accomplishments, maintains a job. This was documented as a two-car accident between my child and the other driver. The car and the other driver hit first is not included as part of this accident. The officer cited my child for careless driving resulting in injury. The accident report is riddled with errors. The violation number is incorrect and it does not even exist in the CO Revised Statuates. The license plate number of the other vehicle is incorrect, our insurance information was incorrect (whited-out and handwritten on the typed report after the officer called and threatened to suspend my child's license if she didn't immediately provide the correct information), the name of the insurance company is still incorrect, the other driver is listed as both male and female on the report, the age of the other driver is incorrect and so forth. The statements included are confusing and largely illegible, and there are no statements from my child, her passenger or the driver of the other vehicle involved included in the accident report. Since the accident report is so error filled, eight in all on the front page, and my daughter and her passenger state that the other car was coming backward toward them as they were stopping, thus encroaching in their stopping space, and there is no statement from the driver of the other vehicle. Is there a possibility that we can get the charges dropped or is our best hope a reduction of the charge to following too close?
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Answered By: Miller & Harrison, LLC
This is a criminal law question, not a personal injury question. Your daughter can set the Careless Resulting in Injury charge for a jury trial. If the trial proceeds the other driver will have to be present as a witness for the prosecution and they will have to give you all the information on that person prior to the trial. I think the very best thing you can do for your daughter is to hire her a lawyer. While the Careless Resulting in Injury charge is not all that serious, if 'restitution' is ordered, it could be a real problem. Hire her the best lawyer you can afford.

Answer Applies to: Colorado
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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