If you were hit by a police car, you can file a wrongful death lawsuit or a personal injury claim depending on the nature of your case. Whether or not the police officer responsible for the accident can be held liable depends on:
- If they were negligent while driving the car
- If they were responding to an emergency
- If they had their lights and sirens on
What Happens if You are Injured in a Police Car Accident?
Early everyone assumes that if you are injured in a police car accident then the police have some kind of immunity. However, it’s still possible to hold the police liable for an accident if they are deemed responsible for the accident.
Immediately after an accident, you should first ensure that you are okay and if you have any injuries, regardless of how minor they appear, you should seek medical attention. Keep in mind that minor injuries are not always minor and the symptoms may worsen as days go by. This means that most car accident victims discover the seriousness of their injuries several days later.
Secondly, don’t assume liability for an accident even if you are 100% sure you caused it or if the police officer is trying to intimidate you into admitting fault. The officer at the accident is not in a position to determine who caused the accident. It’s up to the court to decide who should be held liable after careful review of all the evidence.
Thirdly, you should get in touch with a car accident lawyer immediately because car accidents involving the police are not handled like other car accidents. Police officers are not covered by regular car insurance policies but by the city’s insurance policy. Such types of cases can really drag on and pursuing it on your own might not be a good idea. This is because you might not have the legal muscle to pressure the police into compensating you for your injuries. A skilled personal injury lawyer, on the other hand, will ensure that you are compensated.
Read more about what you should do after a car accident.
Who Should Be Held Liable in a Police Car Accident Involving a Civilian?
Fault is determined by whoever was negligent. If for example, the police officer ran a red light and hit your car, then they will be held liable. However this is subject to what they were doing at the time they were driving. If they were responding to an emergency call then they might be off the hook.
Below are some common traffic violations that result in police car accidents.
- Failure to signal
- Illegal U-turn or left turn
- Driving the wrong way
- Failure to yield right of way
- Running a stop sign
- Running a red light
- Speeding
Generally, if a driver breaks traffic laws and causes an accident, they may be considered negligent. However, Massachusetts has an Emergency Vehicle Exemption law that gives emergency vehicles immunity if they break traffic laws under certain situations.
Below are the factors that a police officer is required to prove to show why broke traffic rules:
- The car they were operating was an authorized emergency car
- They had an emergency situation that they needed to attend to
- They displayed front red warning lights and sounded a siren
Who Pays for the Damages?
The public entity is liable for damages and or injuries resulting from a car accident involving the police and a civilian. Damages resulting from a serious accident could result in thousands of dollars in compensation. You might be compensated for:
- Lost wages
- Medical bills
- Pain and suffering
- Lost earning capacity
- Loss of consortium and
- Car repairs
Can You File for a Wrongful Death Lawsuit if a Loved One Died in the Accident?
If the loved one was your spouse or a family member, you can file for a wrongful death lawsuit. Damages in the suit include:
- Compensation for the loss of a loved one
- Loss of earnings that your loved one would have earned
- Burial expenses
- Funeral expenses
Find out more about filing for a wrongful death lawsuit.
You Should Hire a Car Accident Lawyer to Help You with Your Case
As stated earlier, police car accidents are a little complicated and have a different claims process. Dealing with any government agency can be very frustrating. For instance, getting in touch with the right person to start the claims process can be a struggle.
You do not need to deal with all that and still recover peacefully from your injuries. Hiring the right personal injury lawyer can help you deal with the government bureaucracy so you can rest easy knowing your case is being handled.
If you are in Fall River, MA, don’t hesitate to call us today at 508-676-0001 to book your free initial consultation. Let us help you get the justice that you deserve.
