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
Accidents with the Uninsured
Let’s say the worst happens and you find yourself in a serious car accident. Even if everything after the crash goes according to plan, it is a difficult and confusing process. But if you add to all this the fact that the other person is not insured, you could be left facing an absolute nightmare. […]
Defensive Driving During a Summer of Distracted Drivers
With warm weather, we’re all trying to relax as best we can, wherever we can. Unfortunately, some people can take this a little too far, and find themselves incredibly distracted when in the driver’s seat. Not only that, but with heat exhaustion a possibility, some drivers could be making even worse decisions. It’s your job […]
The Most Unsafe Era for Pedestrians in 40 Years
Pedestrian safety is of utmost importance right now, and not just because pedestrians legally have the right of way in most places in the United States. Being asafer pedestrian is always key to avoiding injuries by being aware of ones surroundings and avoiding distractions, but as it stands, North Americans are not stemming the tide […]
Do Lemon Laws Apply in Auto Dealer Frauds
Most state and federal laws penalize fraudulent marketing, sales, and financing schemes. Knowing your rights and if the state’s lemon laws apply is critical to getting compensated. We explain more about auto dealer frauds, the different types, and the best time to hire an attorney. What is an Auto Dealer Fraud? It’s an unlawful and […]
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 […]
Keeping Older Drivers Safe
A lot of us have had to have a talk with our grandparents or parents about how they are on the road. There comes a time when caring for yourself can become difficult, as an older person, especially when driving. What can you do to ensure the older person in your life is being safe […]
The Car Crash and the Headache
As we slip into the cooler months, and there is more possibility of rain, it is important to keep safe on the road. Accidents happen, especially when it is raining out there in the desert. You know how to be safe – taking extra time on slippery surfaces, making sure you have your car inspected […]
Commercial Truck Accidents
While it may not seem like it, there are bigger differences when dealing with a truck accident than just the size of the vehicle. Although they are well insured, companies with commercial trucks will fire back at you with a whole legal team to avoid paying out for damage, injury, or even death. This is […]
Safety and Defensive Driving Tips for Truck Drivers
The old saying goes, the best offense is a good defense. According to research, accidents caused by big rigs or the 18-wheelers have increased by 52% since 2009. Safe and defensive driving involves saving lives, time, and money regardless of the conditions around you or other road users. Defensive driving for truck drivers goes beyond […]
Lemon Laws and How They Have Impacted Jeep Car Recalls
Lemon Laws and How They Have Impacted Jeep Car Recalls Purchasing a car calls for careful consideration if you are to find a reliable model that suits your needs. More importantly, you need to understand existing laws concerning the warranty, equity, insurance, and various other crucial aspects. Lemon laws are designed to protect buyers from […]
contact form
