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Car Accident
HABLAMOS ESPAÑOL
(877) 880-4090Accidents are common. Accidents with police cars are not so many. If a police officer hits your car while you are otherwise abiding by the law, you may feel shocked and a bit confused. After all, police officers have a duty to uphold the law and protect citizens, not to act negligently and cause harm. Unfortunately, even the most diligent officers may breach their duties at times. When this does happen, and if damages arise as a result, you may wonder what legal avenues you have for restitution.
While the law does entitle civilians to make claims against police officers and their employing agencies, the truth is that doing so successfully is tough. Police officers, along with other emergency responders and government workers, are privy to numerous protections that safeguard them against claims for liability and other actions. Understanding these safeguards and, more importantly, how to get around them, may be your key to financial recovery.
An attorney who has experience with claims against government entities can inform you of your rights and responsibilities and advise you on what steps you must take to exercise both. He or she can also help you meet the strict rules and timelines associated with claims against government agencies and position you for the most success.
One of the first things you should do following an accident with a police car is to identify possible liable parties. The most obvious liable party is the police officer. However, as you will learn in the following sections, suing a police officer or his or her department may be easier said than done. For the sake of your case and recovery, it helps to identify as many at-fault parties as possible. Some possible defendants include the following:
If you determine that the police officer is the primary at-fault party, and if you consider suing him or her for damages, you must first familiarize yourself with sovereign immunity, qualified immunity and state tort liability acts.
Sovereign immunity is an ancient and frustrating protection that government bodies and their employees have enjoyed for most of American history. Sovereign immunity essentially safeguards federal and state governments and their agents against legal action unless said entities or agents give their consent. Unsurprisingly, few agencies agree to being sued, meaning the law lets many negligent officers off the hook time and again.
Qualified immunity is another type of immunity police officers enjoy. Qualified immunity balances the interests of the public and public servants by holding public officials accountable only when they exercise their power irresponsibly. The immunity aspect shields officers from distraction, harassment and liability when they act in the line of duty and with due care.
While qualified immunity supposedly protects the interests of civilians, it only allows lawsuits against government entities or their employees if either of the latter violates a “clearly established” constitutional or statutory right. For the courts to ascertain that a right was “clearly established,” they must consider whether another reasonable officer would have known that the conduct in question violated a right.
Fortunately, in around the mid-1900s, more people began to demand government accountability. In 1946, the federal government passed the Federal Torts Claims Act, which waived immunity in certain situations. Since then, many states, including Texas, have gone on to develop their own torts claims acts to allow civilians to seek remuneration or justice against negligent government bodies and their agents for the harm they cause. However, even these acts have strict rules for when and how you may file a claim for damages against a police officer or its employing agency.
In addition to enjoying several immunities, police officers also enjoy leniency when it comes to traffic laws. In most states, officers in emergency vehicles may lawfully violate traffic laws in the following situations:
If one or more of these apply to your accident, you may be unable to recover damages from the officer, his or her department, or the local government.
Negligence is at the root of any car accident claim, even those that involve police officers. If you can somehow get around immunity laws, and if you can prove that the officer violated traffic laws for no valid reason, you may have a chance at recovering compensation from him, her or his or her department. However, to do so, you must first establish negligence. In a police officer accident case, establishing negligence means proving the following:
Proving negligence may prove tough, but it is not impossible. Though a skilled police accident attorney can help you gather the appropriate evidence and build a solid case, your best bet would be to request dash cam footage from the officer’s or attending officer’s vehicle. You should also determine if other cameras, such as street cameras, surveillance cameras or witness devices caught the incident on tape. Witness statements will also prove helpful on your path to financial recovery.
Say you have a case … You must still meet several stringent requirements and jump through several hoops if you hope to retain your rights to compensation. One requirement you cannot overlook is the filing deadline.
Every state has a time limit in which personal injury victims must file their claims for damages. The law refers to this time limit as the statute of limitations. In Texas, the standard statute of limitations for personal injury claims is two years. However, when an accident involves a police officer or other government agent, it is significantly shorter, at just 45 days.
If you are successful in your claim for damages against an offending police officer or his or her department, know that the law caps the amount of compensation you can receive. The caps differ at various government levels:
If a police officer hits your vehicle, the most obvious defendant in your claim for damages is the officer. However, whether you sue the officer, the employing agency or the local government, know that you likely have a long and complex path ahead of you. For help with your fight, and for the strongest likelihood of success, retain the help of a knowledgeable and aggressive police car accident attorney. Contact Fielding Law to schedule your free initial consultation today.