A Ventura County Sheriff’s Deputy was struck by a car driven by Daniel Long, a nineteen your old from Simi Valley. The pedestrian accident in Thousand Oaks happened last week on Raindance Street. According to The Acorn, the man who was struck by the car was an off duty sheriff’s deputy. After striking the pedestrian, the driver drove off, was later arrested.
Fortunately, this pedestrian hit and run crash could have had much worse results. The victim was taken to Los Robles Hospital where he was treated and released later that day. Thankfully, the pedestrian accident injuries were described only as “minor.”
Mr. Long, who could have faced felony charges, is only being charged with a misdemeanor hit and run violation. He faces the possibility of a short time in jail, but much less than he would face if charged and convicted of a felony.
The investigating police officer said the victim was not acting in his capacity as a sheriff’s officer at the time of the incident and his job is not being taken into account.
If the sheriff was working at the time he was struck by the vehicle, he could potentially make a worker’s compensation claim. He could also make a personal injury claim against the responsible driver. Here, since he was not working, he will probably only be able to make a Thousand Oaks personal injury claim against the driver and his insurance company. The insurance company should be responsible to pay for the pedestrian accident injuries.
One important thing that we get asked about a lot is whether an injury victim sues an insurance company or the person who causes the injury. The personal injury lawsuit is against the responsible person (and the owner of the vehicle), not against the insurance company. If the defendants have insurance, the insurance company will have to defend them and then pay the judgment (sometimes only up to the insurance policy limits, other times, due to insurance companies rejecting fair offers to settle within their policy limits, the policy is considered “open” and the insurance company has to pay the entire judgment, even when above the limits).
Anyone injured in a Thousand Oaks pedestrian accident or car accident should call our office for a free consultation with a local accident lawyer.