Being involved in an accident with a police car can be a frightening and overwhelming experience. People involved in such accidents often are unsure of their rights and obligations and may be uncertain of what to do next. This blog provides an overview of what happens if you are injured in an accident with a police car. We will discuss the legal issues that may arise like liability, compensation, and the insurance process.
What to Do if you Are Injured in Police Car Accident
The first thing you should do is to move to a safer place where you are not vulnerable to more harm. Be sure to also seek medical attention right away. This should be the case even if your injuries seem minor, as some symptoms may take time to show. This will help to detect if you have suffered any internal injuries or are experiencing internal bleeding. Make sure to keep all medical bills and records of your injuries.
The next thing you should do is file a police report with the appropriate law enforcement agency. This will provide you with a record of the accident, which can be used in court if you decide to file a lawsuit.
Then contact a lawyer to discuss your legal rights and options. An attorney can help you navigate the legal process and understand your rights. They can also help you file a claim with the police department’s insurance company or pursue a lawsuit against the police department if necessary.
Make sure you collect as much evidence as possible. This includes taking pictures at the scene of the accident, documenting any witnesses and their statements, and obtaining the police report. You should also keep a detailed record of your medical expenses and any lost wages due to your injury. This evidence can help you build a strong case if you decide to file a claim or pursue a lawsuit.
If you decide to pursue a claim or lawsuit, you should be aware of the statute of limitations. This is the amount of time you have to file a claim or lawsuit after the accident. In California, the statute of limitation is two years. This means you cannot file a personal injury claim after this period. That’s why you should seek help as soon as possible if you want to pursue compensation.
An Overview of Your Rights and Legal Options
When a car crash involves a police vehicle, the legal rights of those involved can get complicated. Depending on the circumstances of the crash, the legal rights of the police officer, the civilian, and any other parties involved can vary significantly.
It is important to understand that all drivers involved in a car crash, including police officers, have the right to seek compensation for damages and injuries. The applicable laws are the same regardless of who was driving the police car, and the victim of the crash. Every party involved has the right to pursue a legal claim for their damages. This could include claims for medical expenses, lost wages, and pain and suffering.
In addition to the right to seek compensation, those involved in a police car crash also have certain rights related to the investigation of the crash. Police officers have an obligation to investigate the crash and to file a report detailing the results of the investigation. Civilians involved in the crash have the right to receive a copy of the report and to provide their testimony and evidence in the investigation. Any statements made by the civilian during the investigation may be used as evidence in a subsequent legal claim.
On the right to sue, the rules are different depending on who was driving the police car. If an officer was responding to an emergency, then they are usually immune from lawsuits under the doctrine of sovereign immunity. However, if the officer was driving the car negligently or recklessly, then they may be held liable for any damages or injuries caused by the crash.
How to Determine if a Police Officer was Responding to an Emergency
In this case, an emergency could include:
- A police officer responding to a serious crime or domestic violence call.
- A police officer responding to a report of a dangerous or potentially dangerous situation, such as an active shooter or a chemical spill.
- A police officer responding to a medical emergency.
- A police officer responding to a report of a suspicious person or vehicle.
- An officer responding to a fire call.
When a police officer is responding to an emergency, there are a few indicators that can help you determine what is happening.
You may hear sirens and/or see flashing lights. Sirens are used to alert other drivers and pedestrians that a police officer is responding to an emergency. Flashing lights are used to indicate that a police vehicle is in use and is on its way to the scene.
If the officer was responding to an emergency, they would have likely been on a direct route to the emergency. Look for any skid marks or other evidence that suggest the officer was in a hurry.
Another way to tell that the officer was responding to an emergency is if they were in communication with dispatch or other units. Check for any radio transmissions that may indicate the officer was responding to an emergency.
Look for any written reports or eyewitness accounts. If any of these are available, they may provide more information about the circumstances of the crash.
Who is Liable in a Police Car Accident?
To determine the liable party, the prosecution will look at how the accident occurred, what each party was doing before and immediately after the crash as well as any features around the accident scene.
When a police car is involved in an accident, there are different parties that can be held liable for the accident, for instance, the government. This is because the police car is considered to be part of the government’s property and is not subject to the same laws and regulations as other vehicles. If the vehicle was poorly maintained, the government should be held liable. If the accident resulted from poorly maintained roads, the government entity responsible for proper road maintenance can also be held liable.
In addition to the government, there are other parties who may be held liable. For instance, if the police car was defective or malfunctioned in some way, the manufacturer of the car may be held liable for any damages or injuries that resulted from the incident.
If the driver of the car was negligent, for example, operated the vehicle while drunk, or drove at a high speed with disregard for other motorists on the road, they may also be held responsible for the crash. Note that there are exemptions to this if the officer was acting in the scope of their duties and there was no negligence involved.
A third party may also be held liable in a police car accident. Third-party liability can occur when a non-police driver is involved in the crash. For example, if a private vehicle did not follow the instructions of a police officer and caused a crash, the third party may be held liable.
What are the Common Types of Damages Available in a Police Car Accident?
When filing a claim for damages after being involved in a car accident with a police vehicle, there are three primary types of damages available: economic, non-economic, and punitive damages.
Non-Economic Damages
These damages are intended to compensate for the less tangible losses associated with the accident. Such losses include physical pain, loss of enjoyment of life, and emotional suffering. These damages can be difficult to quantify and will require testimony from medical professionals, friends, and family to prove.
Economic Damages
Economic damages cover the financial losses incurred as a result of the accident. This includes medical expenses, lost wages, property damage, and other out-of-pocket costs. These damages are normally easy to calculate and can be proven with receipts, medical bills, and other evidence.
Punitive Damages
Punitive damages are designed to punish the at-fault party and deter similar behavior in the future. These damages are typically awarded in cases involving gross negligence, recklessness, or intentional wrongdoing. It’s important to note that punitive damages are not always available in car accident cases and will require a strong legal argument to be successful.
What to Do if You Believe Negligence was the Main Cause of a Police Car Accident
If you have been involved in a car accident involving a police car, you may have grounds to pursue a negligence claim. Negligence is the failure to exercise reasonable care and can occur in any type of accident, including one involving a police car.
When pursuing a negligence claim against the police for a car accident, you must prove that the police officer failed to exercise reasonable care. This means that you must show that the officer did not act in a way that a reasonable person would act in a similar situation. To prove negligence, you must show that the officer had a duty of care to you, the officer breached that duty of care, and the breach caused your injuries.
The first step in pursuing a negligence claim against a police officer is to file an accident report. The accident report should be filed with the police department or the local law enforcement agency. It is important to provide as much detail as possible, such as the time, date, and location of the accident, as well as the identity of any witnesses.
Once you have filed the accident report, you should consult with an experienced personal injury lawyer. An attorney can help you assess whether you have a valid claim and can advise you on the best course of action.
In pursuing a negligence claim against a police officer, it is important to have evidence to support your claim. This can include medical records, eyewitness accounts, photographs of the accident scene, and the police officer's statement. You should also obtain a copy of the police report, which will include details about the officer's actions.
Negotiating a Settlement with the Police Department
When negotiating a settlement with the police department, several factors must be taken into consideration. The first is the amount of your damages, which includes medical expenses, lost wages, property damage, and any other costs associated with the accident. The police department may be willing to offer a lump sum payment to cover these costs, or it may be willing to pay out a series of smaller payments over time.
The second factor to consider is the amount of liability they are willing to accept. If they believe that they bear some responsibility for the accident, they may be willing to accept some liability and pay out a larger settlement.
Finally, the police department may be willing to accept a negotiated settlement if they believe it is in their best interests. For example, if the settlement amount is less than the cost of defending the case in court, the police department may be willing to accept the settlement to avoid the expense and time of going to trial.
How to File a Personal Injury Claim for a Police Car Accident
Here are the steps that you should take when filing a personal injury claim for a police car accident:
File a police report. Ensure that you file a police report of the accident. This will help to establish that the police were at fault and that there was negligence on their part. The police report can also be used as evidence in court if the case goes to trial.
Consult with an attorney. It is important to consult with a lawyer who specializes in personal injury claims when filing a personal injury claim for a police car accident. A lawyer can help you understand the legal process and prepare your case for the best outcome.
File a personal injury claim with the city. After you have gathered all of the evidence, you should file a personal injury claim with the city. This will allow you to receive compensation for the damages caused by the police car accident. Be sure to include all the facts of the case and any evidence that you have that supports your claim.
Negotiate with the city. After you have filed your personal injury claim, you may need to negotiate with the city to get the compensation you deserve. A lawyer can help you navigate the negotiation process and ensure that you get the best outcome.
Go to court. In some cases, the city may refuse to settle and you may need to go to court. In this case, it is important to have an experienced lawyer to represent you. They can help to make sure that your rights are protected and that you get the compensation that you deserve.
How Can a Personal Injury Lawyer Help?
First, a personal injury lawyer can assess the facts of the case and determine who is liable for the accident. In the case of a police car accident, it is important to determine if the officer was acting within the scope of their duties, or if there was negligence involved. An experienced lawyer can review the police report and other evidence to determine if the officer was at fault or if any other factors contributed to the accident.
Second, a personal injury lawyer can help a person understand their legal rights and options. In a police car accident case, a person may be able to file a civil lawsuit against the officer and/or the police department. Depending on the facts of the case, a person may also be able to pursue a claim for compensation for their injuries, pain and suffering, and other damages. A lawyer can explain the available legal remedies and help a person decide which option is best for them.
Third, a personal injury lawyer can also assist a person in gathering evidence to support their case. This could include obtaining police reports, witness statements, medical records, and any other documents that are relevant to the case. A lawyer can also help a person with the process of filing a lawsuit if that is the best course of action.
Finally, a personal injury lawyer can help a person negotiate a settlement with the police officer or police department. A lawyer can work to ensure that a person receives a fair settlement amount that adequately compensates them for their injuries, pain and suffering, and other damages.
Find a Los Angeles Personal Injury Attorney Near Me
Being involved in an accident with a police car can be a complicated and confusing process where legal help may be needed. Our experienced attorneys at The LA Personal Injury Law Firm stand ready to provide effective legal representation to those facing any injury-related losses due to an accident with a police car in Los Angeles. Call us today at 310-935-0089.
