It can be distressing to have a police car hit you. You could be confused about how things unfold next. Will the officer accept responsibility or compensate you for the costs of the accident? The good news is that both law enforcement and the government can be held accountable for police vehicle accidents.

If you are injured, you may be eligible to receive compensation for lost income, medical expenses, and pain and suffering. The steps you take after the accident affect your chances of receiving compensation. Here's what occurs and what you can do after being involved in a car collision with a police officer.

The Critical Moments After The Accident

The one thing that all automotive accidents have in common, whether they involve a police vehicle or an ordinary one, is the procedures you take immediately following the impact. Immediately after the crash, ensure your safety and well-being. Check for injuries, and remain calm. Do not leave the scene of an accident or make sudden movements toward the police, as they may interpret this as suspicious behavior.

If you are hurt, notify the officer or dial 911 for help. Accept medical treatment and assistance at the crash scene. Otherwise, declining medical attention may prevent you from pursuing compensation later. Even if you're unsure about suffering serious injuries, you should still seek medical attention. Most vehicle crash victims find they have injuries one or two days after the impact.

Do not immediately acknowledge the blame for the accident. Not admitting fault may be more difficult if the other party in the collision is a law enforcement officer, as communicating with them might be intimidating. However, please keep your comments concise. Remember that it is never the responsibility of the involved police officer to determine what happened and who is at fault.

After analyzing all the information submitted, the court will determine who is to blame. A police officer's biased viewpoint will not influence the court's decision. So, simply remain calm, knowing that you will eventually get the opportunity to present your case to a judge.

You should also collect critical evidence following the collision. Possessing documentation and records to verify the collision occurred and the resultant damage can make it easier for your attorney to seek full compensation and prove the officer's negligence. Take photographs of the crash site and the vehicles involved.

You can take photos of traffic lights, damaged pavements, and any additional proof that could indicate a fault, such as skid marks on the road. Obtain contact information from witnesses and license and insurance information for any other people involved.

The most important step following a crash with a police officer is to contact a car accident lawyer. Police car collisions are typically handled differently than other types of car accidents. Generally, law enforcement officers are insured by the city's insurance policy rather than regular car insurance coverage.

The insurance claims process may vary, and the concerned local authorities may take a long time to evaluate your case. In this scenario, you should have a lawyer to ensure the police adequately compensate you for your injuries.

Determining Liability in Police Car Accidents

Liability is determined by which party was reckless during a car accident. If a driver fails to reduce speed at an intersection and crashes into another vehicle, the driver may be responsible for the accident. If a police officer ran a stop sign and collided with another person, the officer could be liable for the accident due to their reckless behavior, regardless of their position as a law enforcement officer.

In California, police officers are held accountable for vehicle collisions. They have the same duty of care as ordinary motorists. Even though they have more discretion in behaviors such as running red lights and speeding, they need to do so reasonably and safely within the limitations of their job.

In general, guilt for damage claims and lawsuits filed by individuals struck by law enforcement vehicles is determined by the officer's duties at the time of the collision and how the automobile was driven. If it is ruled that the officer acted carelessly, the injured victim may seek compensation from a county or city.

Off-duty police officers may not have the leeway to speed or run red lights. If a law enforcement officer engages in careless or negligent behavior during a collision, they could be liable for damages.

Some instances of negligent or reckless behavior include the following:

  • Distracted driving
  • Speeding for no purpose
  • Driving while inebriated
  • Making an illegal U-turn or left-turn
  • Responding to emergencies with no rights or sirens
  • Running red lights
  • Failing to signal
  • Neglecting to yield to other roadway users
  • Driving the wrong way down a one-way street
  • Running stop signs

Any negligent driver conduct or activity by a police officer, whether on-duty or off-duty, may lead to financial responsibility for a crash. You and your lawyer must demonstrate that the police officer was reckless and that their actions caused you to suffer injuries and, as a result, losses. A lawyer can help you with the burden of proof.

Also, consider whether any other parties were involved in the collision. Perhaps a drunk driver evaded the police and collided with your vehicle. As an alternative, a law enforcement vehicle accident impacted numerous other innocent people, just like you.

There are complex scenarios where determining guilt is difficult. What you can prove and how experienced your attorney is in handling law enforcement auto accident lawsuits and claims will determine your chances of winning damages.

Factors affecting liability include:

  • Who was breaching the law?
  • Actions such as speeding or running red lights
  • Failure to yield to people or vehicles
  • Weather, driving conditions, and visibility
  • Accidents that result from a chain reaction
  • Whether the police vehicle was identified and authorized
  • Whether the law enforcement team was actively engaged in emergencies
  • Whether the police officer had their lights and sirens turned on

At this point, it is clear why you need a car accident injury lawyer to help you with your case. You are subject to government bureaucracy and a law enforcement team that is unlikely to cover all costs. You could also interact with a law enforcement officer who blames you for the accident.

Police Exceptions to Traffic Rules

Motorists who breach traffic rules and cause an accident could be found negligent. However, the authority's emergency vehicle exception exempts emergency vehicles from normal traffic laws in certain situations. You can only file a personal injury lawsuit or claim against a police officer who hit you if they were not responding to an emergency effectively at the time of the incident.

According to California Vehicle Code (VC) 21055, police officers and other first responders are excluded from ordinary traffic regulations and given leeway if they respond properly to crises during a collision and reasonably use the vehicle's lights and sirens.

An emergency requires a police officer to undertake the following:

  • Operating a fire department vehicle between locations in response to emergency calls
  • Responding to fire alarms
  • Being in the immediate pursuit of an alleged or actual lawbreaker
  • Participated in rescue operations
  • Responding to emergency alerts or calls

An officer should not declare that they are not required to follow the law simply because they are a member of law enforcement. Also, it is not considered an emergency if a law enforcement officer is returning from an emergency site or driving their private vehicle in the absence of immediate danger.

This law only applies if the law enforcement officer appropriately used the car's lights and sirens during the collision. Using lights and sirens alerts other drivers that an emergency vehicle is approaching and advises them to pull over if possible. In some cases, an emergency vehicle is not required to emit sirens. For example, some emergency vehicles refrain from using sirens at night or when passing through residential areas because of local regulations.

A law enforcement officer should prove three basic factors to fight against charges of blame and argue that they were not compelled to follow a specific traffic law:

  • They were operating an emergency vehicle when the collision occurred
  • Responding to an emergency, they used front red warning lights and sirens as needed

Even if a police officer meets all the above criteria, they may be held accountable for the collision. Under the jurisdiction's negligence laws, irresponsibly operating a vehicle that a reasonable and prudent police officer would not engage in under similar circumstances may result in liability for damages.

Failure to adhere to the legal duty of care when driving is considered negligence or recklessness. The duty of care requires road users, including police officers, to:

  • Take reasonable precautions while driving
  • Maintain a proper awareness of other road users
  • Control the vehicle's speed and movement
  • Be vigilant for other vehicles and obstructions on the road

Failure to exercise caution may lead to police officers being responsible for a road user's wrongful death or injuries. Law enforcement may fail in their legal duty by driving past a school zone full of students or neglecting to watch out for pedestrians. Negligence plays a key role in determining liability.

Suing for Compensation in Police Vehicle Accidents

According to VC 17001, a government office is liable for death or serious injury to a person or property caused by reckless drivers, as well as any error or wrongful action taken while operating a vehicle by a government institution employee working in their official capacity.

That means that if a police officer drives a patrol car or is driving while on duty and causes an accident, the public institution is liable for the victim's losses. Depending on the law enforcement agency, the city, jurisdiction, or state may be liable for damages caused by the collision.

That said, if you believe a law enforcement officer struck you carelessly or negligently, you should consult an expert automobile accident personal injury lawyer. You may have grounds to initiate a lawsuit against the local or state government.

The authorities may be liable for your injuries if the police officer was on duty during the accident. You and your lawyer must submit a written notice within six months of the accident to bring a case against the state of California.

If an off-duty police officer injured you, you may still be able to pursue a case against the officer’s personal insurance carrier. The careless or negligent police officer could be held personally liable for medical expenses, property damage, lost pay, and other losses.

An attorney can help you file the paperwork required for either type of claim. If you are hit by a police car in California, you may be eligible for substantial compensation. The potential damages recoverable in a major collision can amount to hundreds of thousands of dollars or more.

General and special compensatory damages could include:

  • Lost earnings—If injuries sustained from the crash prevented you from working, you may be able to collect compensation for your lost wages. Also, if the injuries have stopped you from returning to work, you may be eligible for compensation for future lost earnings or lasting impairment
  • Medical expenses, including visits to the emergency room, physiotherapy, operations, and follow-up care costs
  • You may be able to receive compensation for serious physical pain as well as mental distress, anxiety, and tension
  • Seek compensation for injuries caused by disfigurement, permanent scarring, or the loss of a limb
  • Property damage—You can seek reimbursement for the costs of repairing your vehicle or any other personal property damaged in the accident
  • Other losses include companionship, consortium, mental anguish, emotional distress, and diminished enjoyment of life

Filing Wrongful Death Claims for Police Vehicle Accidents

According to wrongful death laws, a family member could sue any government agency following the loss of their loved one. If a spouse, child, or parent is killed in an accident involving a law enforcement vehicle, the family members can sue the liable party for damages. Wrongful death lawsuits can include:

  • Damages for burial fees
  • Funeral charges
  • Lost wages the deceased would have earned
  • Loss of consortium
  • Loss of companionship

What is The Importance of Seeking Professional Legal Counsel?

Given the complications of suing police officers in California, professional legal counsel is essential. A qualified attorney can understand the complexities of state legislation, collect and present evidence, and effectively fight for the client. They can also engage with government agencies and, if required, represent their client's interests before the court.

Can a Police Vehicle Accident Limit The Compensation Amount?

If a police officer is involved in an accident, the compensation you receive may be limited. As previously stated, California has enacted specific regulations governing the liability of public officials, such as police officers.

Typically, police officers are protected from legal litigation to some extent. From the outset, it is vital to know whether the law enforcement officer responsible for the accident is a state employee.

Even if suing the law enforcement officer is an option, your ability to receive full compensation depends on the circumstances. You may be able to successfully sue a city or town for an accident caused by a police officer. However, your reimbursement may be insufficient because others may seek a portion of the same losses. Alternatively, you may encounter a judicial official who is favorable to police officers but not to you.

These examples highlight your need for a professional personal injury lawyer to advocate for you. The right attorney can help you stand up to the authorities and the police. You can use this to argue why you deserve compensation after a law enforcement vehicle strikes you.

Statute of Limitations

If you want to sue for losses after a crash involving a law enforcement vehicle, you must first know the statute of limitations for wrongful death or personal injury claims. In other personal injury instances, California allows two years to file a lawsuit for death or injury and three years to pursue a property damage claim. However, suppose you are suing a government entity, such as in the case of a law enforcement vehicle accident. In that case, you only have six months and must present all relevant information.

The statute of limitations begins on the day of death, injury, or when your property was harmed. You may not receive compensation if the statute of limitations expires before you file your complaint.

Find a Personal Injury Attorney Near Me

If you have been involved in a collision involving a police car, you can contact our team at Orange County Personal Injury Attorney. We handle various personal injury cases, including police car and emergency vehicle incidents. Our attorneys understand that after the accident, you'll likely want to concentrate on recovering from your injuries. We will give you plenty of time to heal while we take care of all legal matters. We sincerely care about police car accident victims in California. Call us today at 714-876-1959.