- Car Accidents
The police are here to serve and protect the citizens of Georgia. But what happens when a law enforcement officer causes a car accident? If you were in an accident involving an emergency vehicle, who can you sue?
Fortunately, a Riverdale car accident lawyer can help. After analyzing the circumstances of your case, they will tell you if you can sue for a police car accident and which parties you can name in your car accident claim.
In this article, we will explain what you need to do if you were involved in a car accident with a police car. Also, we will explain why this situation is more challenging compared to other car accidents.
Sovereign Immunity for Police Officers in Car Accidents
In Georgia, sovereign immunity generally protects law enforcement officers from being sued for accidents while performing their duties. Police officers and other emergency responders are not liable for accidents if they are driving authorized emergency vehicles, responding to emergency calls, and correctly using lights and sirens.
In limited situations, O.C.G.A. 36-92-1 allows claims against government agencies for personal injuries resulting in at least $500,000 in damages per person or $700,000 per accident, unless the government agency has higher coverage. This is good news for anyone involved in a car accident with a police vehicle.
If a Georgia Highway Patrol Officer hits your car, you generally cannot sue the state of Georgia. However, you could file a personal injury case against the patrol officer if he/she caused the crash in a scenario where sovereign immunity doesn’t apply.
If a police officer hits you, you may have a case against the police department. You only have six months to take legal action against city government entities. If a state highway or county sheriff patrol vehicle caused the wreck, there may be a 12-month deadline to file a lawsuit.
When Are Police Officers Exempt from Traffic Laws?
Many people are stunned to find themselves involved in a car accident with a police car. After all, the police make sure that everyone obeys the laws. Shouldn’t they be the first to do it?
First of all, you must remember that police officers are human beings and, therefore, can make mistakes. Secondly, a huge part of their job is to respond to emergency situations. Thus, they need to drive at high speed and run red lights if necessary to arrive in time to save someone’s life or apprehend a criminal suspect.
Generally, police officers are exempt from traffic laws if they are responding to an accident and using lights and sirens.
Who Is Liable for Police Car Accidents?
There are two main factors that determine the fault parties in a car accident with a police car:
- Whether the officer was on duty or off duty
- Whether the officer was responding to an emergency.
A Riverdale car accident lawyer will start the investigation of your crash from this point.
1. The Police Officer Was Off Duty
If the police officer was off duty, then the case becomes very simple. They are just another citizen who caused a car accident due to negligence. Your lawyer will file an insurance claim against the police officer’s insurance policy.
Of course, the police officer will start by invoking sovereign immunity to discourage you from filing a claim. But your Riverdale car accident lawyer will soon set the matters straight on this aspect.
Government employees are protected by sovereign immunity only when they are on the clock, doing their job duties. Even so, as we will show next, the state of Georgia allows people to sue its officials if they caused accidents through negligence.
2. The Police Officer Was On Duty, but Not Responding to an Emergency
Police officers are not always involved in high-speed chases to catch a criminal, no matter what Hollywood movies show. On many occasions, they are cruising through the cities, or responding to a non-emergency situation.
In this case, if you are involved in a car accident with a police car and the officer is at fault, then your Riverdale car accident lawyer will be able to name multiple parties in the claim:
- The police officer
- The police department
- The city, county, and state departments.
If the accident is caused due to a vehicle malfunction (which can be proven after the technical expertise is performed), then the lawyer will add the car shop servicing police vehicles to the list of defendants.
However, you must know that, before you can file a claim, you must notify the government authority within 6 months of the accident.
3. The Police Officer Was Responding to an Emergency
Things get very complicated for you if you are involved in a car accident with a police car responding to the emergency. In this situation, the police car has top priority and can break any traffic laws, including:
- Speeding
- Running a red light
- Driving in the wrong direction on a one-way street.
Of course, police officers must turn on the siren and flashing lights as soon as they start driving to respond to the respective emergency. Your only chance of winning compensation is proving that the officer had failed to do so. Thus, you had no idea that you must yield the right of way no matter what.
However, if the police car has the lights and siren on, then they are protected by sovereign immunity and you cannot hold them liable for the accident. Your Riverdale car accident lawyer will analyze the circumstances of the accident very carefully.
What to Do if a Police Car Hits You
If a police car hits your vehicle, it’s essential to remain calm and follow these steps to ensure your safety and protect your legal rights.
Ensure Safety and Call for Help
First and foremost, check for any injuries. If anyone is hurt, call 911 immediately. Safety is the priority. Do not leave the accident scene. This is important for legal and insurance purposes. Ensure your vehicle is in a safe position, if possible, to avoid further accidents.
Report the Accident
Even though a police car is involved, ensure that the accident is reported to the appropriate authorities. Another police unit may need to come to the scene to handle the incident objectively.
Make sure to obtain a copy of the accident report. The police report will be important for the insurance claims process and possible legal proceedings.
Gather Information and Document the Scene
Collect information about the accident. Take photos of the accident scene, including all vehicles involved, damages, and any relevant road conditions. Note the police car’s identification number and the officer’s badge number.
If there are any witnesses, get their contact information and ask for their account of what happened. Witness statements can be crucial in determining fault and supporting your claim.
Contact Your Insurance Company
Notify your insurance about the car crash as soon as possible. Provide them with all the details and documentation you have gathered. Your insurance company will guide you through the process of filing a claim for car repairs and property damage.
Seek Medical Attention
Even if you do not feel injured, it is wise to seek medical attention to rule out any hidden injuries. Medical records will also be important if you need to file a personal injury lawsuit.
Keep Records
Keep records of your financial losses, such as car repair bills, medical bills, and lost wages. Also, keep copies of any communication with insurance and the law enforcement agency involved in the accident.
Talk to an Experienced Car Accident Attorney
You may need to seek compensation for your losses. This can include filing a claim with the police department’s insurance or, if necessary, pursuing a personal injury lawsuit. An attorney experienced in handling accidents involving police cars can provide valuable assistance.
Call Wade Law Office for a Free Consultation!
Being injured in an accident with a police car is a stressful situation. You are wondering if you have any chances of recovering compensation. Liability rules for auto accidents involving on-duty officers are complicated.
However, as a Riverdale car accident lawyer will tell you, in the US nobody is above the law, not even police officers. There is always hope if you let an experienced lawyer examine your case.
Since you get a free case review from us, you have nothing to lose if you contact Wade Law Office as soon as possible after your accident at 770-282-1188.
