The police are here to serve and to protect the citizens of Georgia. But in some cases, they become the ones who hurt people in a car accident. If you were involved in a car accident with a police car, it is understandable that you are confused. Who do you sue? Fortunately, an Riverdale car accident lawyer is able to help.
After analyzing the circumstances of your case, they will tell you exactly who the at-fault parties you can name in your car accident claim are. 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. Your best chance of getting a positive outcome is hiring an experienced Riverdale car accident lawyer to analyze your case and prepare your claim.
Georgia Waives the Sovereign Immunity in Motor Vehicle Accident Cases
The term sovereign immunity sounds like something right out of a history book about kings and queens. And this is exactly where the principle has its origins – in the United Kingdom, where the king used to be treated as not capable of doing wrong (of course, we all know that is not true).
The principle somewhat stuck after the United States obtained their independence and is now included in federal and state laws. Their role is to protect government officers and employees from being sued.
However, our state adopted a waiver of the sovereign immunity for motor vehicle accident. This is good news for anyone involved in a car accident with a police car. However, things are far more complex in real life compared to theory.
How Likely Are You to Get Hit by a Police Car?
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, run red lights if necessary, in order to arrive in time to save someone’s life or apprehend an offender.
Thus, it is quite possible to find yourself in this type of predicament. Now, you should learn how liability works in this complex type of case.
Who Is Liable for an Accident Caused by a Police Car
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.
An Riverdale car accident lawyer will start the investigation of your crash from this point. Here are the reasons why:
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 in order 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 after 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, the police officer 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 them 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, in order to find a satisfactory solution for your case.
Wade Law Office Is Here to Help You Win Damages!
Being injured in an accident with a police car is one of the most unfortunate situations in the world. You are wondering if you have any chances of recovering your damages. After all, how can you sue the representatives of the law when they break the law?
However, as an Riverdale car accident lawyer will tell you, in the US nobody is above the law, not even police officers. If you were less than 50% at fault for your crash, the law is by your side and you have the right to seek damages.
Things can get murky when the police officer was responding to an emergency situation, but 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: 770-282-1188
