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
Driving on the 101
Living in California, there is a big focus on driving. With everyone rushing off to work, sitting in traffic, or getting around to see people, it can be easy to forget how much fun the open road can really be. As we swing towards the end of summer, you want to set aside some time […]
The Most Common Types of Motorcycle Injury
The Most Common Types of Motorcycle Crashes According to the National Institute of Health, there are four main types of motorcycle crashes. Distinguishing these by category helps determine patterns that can later be used to help treat such accidents. The four main types are: The Most Common Injuries on a Motorcycle In the same study, […]
California Lemon Laws: How Exactly Do They Work?
Buying a car in California, whether brand new or slightly used is always an exciting experience. Even if you already have a few in your garage, the thought of painting the town red in a new ride is nothing but thrilling. So, it can be incredibly disappointing if your new or used car keeps on […]
Winter Driving Safety Tips
Having your winter tires installed on your car and packing a windshield scraper is a good start to being prepared to drive in the winter, but as the cold weather gets harsher, the driving conditions get worse. With this comes the tendency for some people to overcorrect or not know how to stop properly, or […]
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 […]
Mold and LA Renters — Know Your Rights
You may have heard of “mold growth” in passing. Depending on the situation, the story you heard may have been about a simple annoyance, a house deal that fell through, or a sneezing fit. However, there are a lot worse stories than that out there; mold can cause severe allergies, incapacitation, and even worse health […]
Five Slip and Fall Facts
The more we have to go out into the world, the more dangers we’ll face. The key is not to be worried about it, but to be prepared and act safely. It also helps to know what to do and who to contact in the case of suffering a slip and fall injury yourself. Avoiding […]
Five Apps for Increased Road Safety
Staying safe on the road is more important as more and more cities become increasingly dependent on automobile transportation. Increasedroad safety is about diligence and attentive driving, but there are also ways to “gamify” or in other ways incentivize safe driving, through smartphone apps. Here are five apps designed to keep you less distracted and […]
5 Things Cyclists Should Do After a Bike Accident in California
Biking, especially on a highway, is a fun and an adrenaline-filled way to keep fit and explore what California has to offer. At the same time, it’s also a dangerous activity as the chances of being rear-ended by a motorist in California are pretty high. Unfortunately, when a bicycle accident happens, most cyclists often have […]
Five Products for Increased Automobile Safety
It should be no surprise that in Arizona and California, with the increasing dependence on cars, automobile accidents are increasingly likely. In the event of an accident, you want to have as many bases covered as possible – from minor repairs you can do yourself to getting yourself out of harm’s way as quickly and […]
contact form
