Although car accidents are pretty common on Californian roads, car crashes involving law enforcement officers are quite rare. However, this is not to mean they do not happen. A police officer might cause an accident during a police chase against a suspect, or even due to negligence. What do you do when you are injured in a car crash involving a police car? Who will be held liable? Discussed below are answers to these questions.
The issue of liability in a car accident caused by a police officer comes down to the specific situation.
If it was an emergency, the officer will not be held liable. Why? In the state of California, under Vehicle Code 21055, police officers, paramedics, and other emergency responders are allowed to drive in ways that aren’t par with traffic rules when responding to an emergency.
They may exceed the speed limit or even run red lights when responding to emergencies. That means if a police officer hits you while responding to an emergency they’ll not be held liable for the injuries and damages. However, they’ll have to prove the following:
However, this doesn’t mean police officers are above the law. If the accident is as a result of negligence, then you may file a claim against the city or the county. This is because according to California’s Vehicle Code 17000, a public entity is liable for death, injuries or property damage caused by negligent employees in the operation of any motor vehicle owned by the entity.
So, depending on the law enforcement agency in question, either the state, county or city can be held liable for the injuries and damages arising from the accident.
Here are things you should do after a police car hits you:
The first thing you should always do after any accident is assess your injuries and check to see if those you are with are okay. If you can, you should also check to see if the other driver is okay and while at it, call for emergency medical personnel.
Accidents involving police officers are quite tricky and since pictures are indisputable, ensure you take photos of the accident scene. Take pictures showing the position of the cars, traffic lights, skid marks on the road and even obstacles. These will serve as evidence should you decide to sue the state, city, or county.
Just as with a regular accident, the officers responding to the crash will generate an incident report. Ensure you request copies of all publicly available reports. Ensure you take contacts of the witnesses available, and record personal accounts from the involved.
A car crash with a regular driver is bad, but a car crash with a police officer is worse. Ensure you hire an experienced personal injury attorney with immediate effect. They’ll know what to do to ensure you get proper compensation.
If you or someone close was recently involved in a car accident with a police car, contact RS Law Office today to get professional legal assistance.
blogs
4 Common Mistakes that Ruin Workers Compensation Claims
Thousands of workers are injured annually while at the workplace. According to the Bureau of Labor Statistics, one worker succumbed to workplace injuries every 99 minutes in 2019, while over 99,000 others retained non-fatal injuries. Despite the prevalence of workplace injuries and the increasing number of workers compensation claims, only a few victims are usually […]
Slip and Fall Injuries in Arizona and California
In desert climates especially, some property managers have a tendency to not count on inclement weather when it comes to the upkeep of their properties. This means that, over time, things like rain and seismic shifts can slowly wear away at all kinds of surfaces, making them unsafe to walk on. While property managers may […]
Workers’ Compensation Laws in California
Accidents can be very prevalent at work. Some of the common injuries in workplaces include industry deafness as a result of working in a noisy area for a long time, a broken arm from slipping, or a muscle strain from carrying heavy loads. In many cases, employees injured at work usually receive unfair treatment and […]
5 Ways Parents can Encourage Safe Teen Driving
For teenagers, getting a driver’s license is a significant milestone. It marks the beginning of independence and instills a sense of responsibility. Most teen parents often share their children’s excitement but remain equally apprehensive since they’re well-aware of the dangers that come with driving. And they do have a perfectly valid reason to fret because […]
Bicycle Safety in California
In a lot of ways, California is known as the driving capital of America, if not the world. Where else are so many people absolutely defined by their vehicles, their routes to work, and even their carbon footprint for transportation? The state requires some of the most stringent emission requirements across the nation and is […]
Pedestrian Safety in Cold Weather
When it’s cold outside, people drive worse than they did before. If you’re a pedestrian, you need to take extra precautions during the cold weather and, if you’re driving, you need to keep an extra eye out for pedestrians who are even harder to see, especially if snow is lowering your visibility. Safety is always […]
How Lemon Laws Apply to Defective Kia Vehicles
There is nothing more annoying than driving a car that is constantly having issues and needs repair on a regular basis. Kia, which is one of the fastest growing auto manufacturer in North America, is under scrutiny because some of its models have recurring problems that continuously need repair. If you have a Kia vehicle […]
Personal Injury – Why You Should Never Wait
We’ve all been told to “walk it off” before. Whether it’s for a pain, injury or just not feeling well, a lot of people will be there to tell you it’s probably nothing. And while it is important to keep a positive mindset, you should also pay attention to your body and not push yourself […]
Five Products for Increased Pedestrian Safety
While pedestrians typically have the right of way in most places, that doesn’t automatically make everyone around you a better or safer driver. As pedestrians, we have to activelypractice safety in order to make sure that we are the ones most responsible for our personal safety. Staying aware of our surroundings is always step number […]
Common Causes for Tractor Trailer Accidents
There’s a good reason tractor trailers require a specialty license to operate them. They’re big, fast, heavy, and – in the wrong conditions – incredibly dangerous. It is estimated that 3.5 percent of all automobileaccidents each year involve tractor trailers. Around 4,600 of these result in some sort of fatality. This can be due to […]
contact form
