Getting into a car accident is a traumatic experience in any scenario, and the situation gets trickier if a police car is involved.
People who get into vehicular accidents with police cars often feel unsure about what their rights are. Some believe they cannot win a legal case because the police are in a position of authority and have certain protections from lawsuits. Others are convinced they can’t win a case involving emergency vehicles. However, while a police car accident may mean a more complicated case, you may still have a valid legal claim.
Having an experienced lawyer by your side, like one from Sepulveda Sanchez Accident Lawyers, will help you navigate the case and see if you stand a chance in court. Our goal is to guide and assist you with your legal claim so that you can get back to your life.
The following article will cover the challenges you may face when suing the police for damages and how to get around them.
Who Can You Sue After an Accident With a Police Vehicle?
The first step in any personal injury case is identifying the person responsible for the accident. In this case, the most liable party would be the police officer driving the vehicle. However, your claim isn’t limited to the police officer driving the car. You can also sue the municipality where the police officer is employed.
At Sepulveda Sanchez Accident Lawyers, we’ll use our vast knowledge and experience to identify all parties that may be liable for your claim. Some of the notable options to consider include the following:
- The police officer driving the vehicle
- The police department that operates the vehicle
- The city, state, or federal government
- The suspect who was fleeing when you got hit (if the police officer was chasing a suspect)
- Any other driver who may have contributed to the accident
What Immunities Do Police Officers Have?
Once your lawyer finds that the police officer who hit you broke the traffic rules, they will look into the immunity police officers have. They will also check the Tort Claims Act, which lets you sue them.
These immunities include:
Sovereign Immunity
Sovereign immunity protects government bodies and their employees from being sued unless they agree to it. Most federal agencies don’t like their agents being sued, so they rarely agree to it.
Qualified Immunity
Qualified immunity balances the interests of ordinary citizens and public servants. Immunity keeps public officials safe from lawsuits. But if they misuse their power, they can still be sued.
For instance, the law protects public officials from harassment, distraction, and liability when exercising their duties with due care.
Qualified immunity allows people to sue police officers for violating a clear constitutional or statutory right. This means that you can sue an officer by simply proving that a reasonable officer would have known that such conduct violated a right.
Federal and State Tort Liability Acts
In 1946, the federal government passed the Federal Tort Claims Act. This act waived immunity in specific situations.
Over the years, many states have created their own Tort Claims Acts. These laws help people get justice and compensation. They cover issues like property damage, pain, and suffering caused by careless government bodies and their agents. These acts often have strict rules on when and how to file charges.
Emergency Vehicles Are Not Above the Law
Emergency vehicles, including police cars, can break certain traffic rules during emergencies when their lights and sirens are on. They are allowed to run a red light and exceed the speed limit. They can even drive on the wrong side of the road or use oncoming lanes if necessary. However, emergency vehicle drivers still need to drive with care, even if they bend traffic rules.
In other words, emergency vehicle drivers must use “due regard” for the safety of everyone on the road. They must slow down or stop if it is not safe to proceed. They must also use their lights and sirens and take traffic flow and road conditions into account.
If a police officer violates California’s traffic rules and causes a crash, they may be held responsible for negligent or reckless driving. Under California’s Vehicle Code Section 21056, emergency vehicles cannot operate without caution, even during emergencies.
How Can You Prove the Police Officer Was Negligent?
Proof of negligence is key in any reclamación por daños personales, including against police officers. Once your lawyer finds a way around the immunity laws, they will aim to prove the following:
- The police officer was on duty when the accident occurred
- The police officer had no duty to cause harm
- The police officer engaged in reckless driving or violated the law
- The violations did not occur in the officer’s line of duty
- The crash caused your injuries
- The officer would face the exact charges even if they were in their personal vehicle
But certain situations, like bad weather and poor road conditions, can make it harder to prove negligence. At Sepulveda Sanchez Accident Lawyers, we don’t let such difficulties prevent us from helping you seek justice. We explore all legal alternatives to bring the offending party to justice and get you fairly compensated.
Sepulveda Sanchez Accident Lawyers Is Here to Help You Move Forward
At Sepulveda Sanchez Accident Lawyers, we treat each client with the compassion they deserve while offering expert legal guidance. Our team understands the legal aspects of motor vehicle accidents, including the Tort Claims Act. We also know how to approach and handle serious cases involving emergency vehicles.
We fight for your recovery, peace of mind, and dignity. And, we work on a contingency basis so you don’t have to worry about paying anything upfront. If you were hit by a police car, you do stand a chance of being compensated. Contacte con los abogados de accidentes de Sepúlveda Sánchez for a free consultation, and let us help you move forward.