As an accident victim, you may have sustained physical injuries, undergone emotional suffering, and suffered financial losses. You deserve compensation from the liable party - the party who caused the accident.

However, if you have been injured in an accident with a police car, pursuing compensation can be extremely difficult. It may be hard to determine the liable party and which avenues to explore to seek compensation.

This blog will explain all you need to know about pursuing compensation after being involved in an accident with a police car. Read on to learn more.

What to Do After a Police Car Accident

Police car accidents are not just like other car accidents. If you have been involved in an accident with a police car, you may believe the police are immune from blame. This belief is not true. If the police are responsible for the accident, they can be held liable.

The first thing you should do after you have been involved in any accident, including police car accidents, is to seek medical help. Seek medical attention even if you believe you are perfectly fine - some bodily injuries manifest within a few days after the accident.

Moreover, do not admit fault, even if you believe you caused the accident. Anything you say after the accident can be used against you to deny you compensation.

This can be more difficult if the police intimidate you. Note that the police involved do not have any legal mandate to investigate the accident. The decision of who the responsible party is usually left to the court, not a potentially biased police officer.

It is also crucial to consult a personal injury attorney. Pursuing compensation after a police car accident is a complex and difficult process.

A police officer is usually covered by the city, county, or state insurance policy, not the general auto insurance policies. Therefore, the claim process is different, and the government may take longer to review your claim.

An attorney can help put pressure on the police. This way, you will receive fair and just compensation much more quickly.

The Liable Party in an Accident Involving a Police Car

The liable party is the one who was negligent and caused the accident. For instance, if one of the drivers ran a red light, this driver could be liable for the accident. But what if the police are the liable party?

You can evaluate what the police were doing and how they drove when the accident occurred. You can hold them liable for the accident if they were at fault. Therefore, you can pursue compensation from the respective city, county, or state.

In most cases, the police could have been driving recklessly or violating a traffic law. Some of the most common traffic law violations by the police include:

  • Speeding.
  • Not signaling.
  • Running a red light.
  • Illegal U-turn or left turn.
  • Running a stop sign.
  • Not yielding to the right of way.
  • Driving the wrong way on a divided roadway.

What If the Police Were Responding to an Emergency?

In California, emergency vehicles, including police cars, are granted certain exemptions from normal traffic rules when responding to emergencies. These exemptions are outlined in the California Vehicle Code, specifically section 21055. This means that if the police were responding to an emergency when they violated a particular traffic law, they cannot be held liable for the accident.

The California emergency vehicle exemption allows emergency vehicles, such as police cars, to deviate from regular traffic regulations under certain conditions. Here are key aspects of the exemption:

  • Exempted actions — When responding to an emergency, emergency vehicles are permitted to exceed the speed limit, proceed through red lights and stop signs without stopping, and disregard certain traffic control devices and traffic rules if it is done with due regard to the safety of others.
  • Due Regard — The exemption requires emergency vehicle operators to exercise ‘due regard’ for the safety of others. This means they should use caution and take necessary precautions to minimize the risk to themselves and others while still responding to the emergency. If the police did not exercise due regard for the safety of the others, they could still be held liable for the accident.
  • Sirens and lights — Emergency vehicles must be equipped with flashing lights and sirens, which must be activated when using the exemptions. These lights and sirens alert other drivers and pedestrians of their presence and indicate they are responding to an emergency. Without the lights and sirens, the police can still be held liable for the accident.
  • Exceptions — The emergency vehicle exemption does not grant blanket immunity or absolve emergency vehicle operators from all liability. They are still required to act reasonably and exercise caution. If an emergency vehicle operator acts with gross negligence or recklessness, they may still be held accountable for any resulting damages.

Note that while the emergency vehicle exemption exists to allow emergency responders to reach their destinations quickly, it is not a license for reckless driving. Officers must still exercise caution and make reasonable decisions based on the circumstances.

Who Pays for Damages if the Police Are Found Liable for the Accident?

If the police are found liable for the accident, the respective state, county, or city will pay for damages. This is as stipulated under California Vehicle Code 17001.

Simply put, you will pursue compensation from the police’s employer. The respective governmental entity usually has liability insurance to cater to such situations.

Liability insurance provides financial protection to individuals, businesses, or governmental entities if they are found legally liable for causing harm or damages to others. When it comes to police departments, liability insurance is typically obtained to cover situations where their officers are involved in accidents or incidents that result in injuries or property damage.

This insurance coverage serves as a means to provide compensation to the victims and helps mitigate the financial burden on the governmental entity. Here are some key points regarding liability insurance in the context of accidents involving police officers in California:

  • Coverage limits — Liability insurance policies have specific coverage limits, representing the maximum amount the insurance company will pay for damages arising from covered incidents. The coverage limits can vary depending on the policy and insurer.
  • Policy conditions and exclusions — Liability insurance policies often have specific conditions and exclusions that define the scope of coverage. Reviewing the policy language to understand the extent of coverage and any potential limitations or exclusions that may apply is important.
  • Insurance company handling — When an accident occurs, the injured party or their legal representative typically contacts the police department to initiate the claim process. The insurance company then investigates the claim, assesses liability, and determines the appropriate compensation based on the coverage limits and policy provisions.
  • Settlement or judgment — If liability is established, the insurance company may negotiate a settlement with the injured party or their representative. A settlement may be reached to provide compensation for the damages. When a settlement cannot be reached, the case may proceed to court, and a judgment may be issued, determining the amount of compensation the insurance company is responsible for paying.

Note that liability insurance coverage and its handling can vary depending on the policy, insurer, and accident circumstances. Consulting with a personal injury attorney with experience dealing with insurance companies and navigating the complexities of liability insurance can be beneficial in ensuring that your rights are protected, and you receive fair compensation for your injuries and damages.

Damages in a Police Car Accident

In an accident involving a police car, if the police is found liable, you may be entitled to various types of damages. The specific damages you may be eligible for can vary depending on the circumstances of the accident.

Here are some common types of damages you may seek:

  • Medical expenses — You may be entitled to compensation for medical expenses related to your injuries, including emergency care, hospitalization, surgeries, doctor visits, medications, physical therapy, and ongoing medical treatment. This can include both current and future medical expenses.
  • Pain and suffering — Damages for pain, suffering, and emotional distress resulting from the accident and your injuries may also be available. These damages are meant to compensate for the physical and emotional pain, inconvenience, and loss of enjoyment of life caused by the accident.
  • Lost wages — If your injuries result in missed work or a decrease in earning capacity, you may be entitled to compensation for lost wages and any potential future loss of income. This can include both past and future lost wages or diminished earning capacity.
  • Property damage — If your vehicle or other personal property was damaged in the accident, you may be entitled to compensation for repairing or replacing the damaged property.
  • Rehabilitation and therapy — In cases where the accident causes long-term or permanent injuries, you may be eligible for compensation for rehabilitation services, assistive devices, or ongoing therapy needed to recover or maintain functionality.
  • Loss of consortium — If the accident causes a loss of companionship, support, or a negative impact on your relationship with your spouse, you may be entitled to damages for loss of consortium.

Note that these are general categories of damages, and the specific amount of compensation will depend on various factors, such as the severity of the injuries, the impact on your life, and the evidence presented to support your claim. Consulting with a California personal injury attorney can help ensure you accurately assess and pursue the full extent of damages you may be entitled to in your specific case.

Wrongful Death Claims in Police Car Accidents

In unfortunate cases where an accident involving a police car results in the death of an individual, the surviving family members may have the right to pursue a wrongful death claim. Wrongful death claims are legal actions brought by the surviving family members or representatives of the deceased individual against the party believed to be responsible for the death.

In California, the following individuals are typically allowed to bring a wrongful death claim:

  • The surviving spouse or domestic partner.
  • The surviving children (including adopted children).

If there are no surviving spouses, domestic partners, or children, then other individuals entitled to inherit from the deceased person's estate under California's intestate succession laws would be eligible to bring a wrongful death claim. To establish a wrongful death claim in a police car accident, the surviving family members must demonstrate that the negligence or wrongful conduct of the police officer or another party involved caused the accident.

This can include actions such as excessive speed, failure to follow traffic laws or disregard for public safety. In a wrongful death claim, the surviving family members may seek compensation for various damages, including:

  • Funeral and burial expenses.
  • Medical expenses related to the final injury or illness.
  • Loss of financial support and future income.
  • Loss of companionship, guidance, and emotional support.
  • Pain, suffering, and emotional distress experienced by the deceased before death.
  • Punitive damages (in rare cases where the defendant's conduct was particularly egregious or intentional).

Wrongful death claims involving police car accidents can be legally complex, and it is crucial to seek the assistance of an experienced personal injury attorney. An attorney can guide the family members through the legal process, investigate the accident, gather evidence, and advocate for their rights to ensure fair compensation is pursued.

Why Would You Need a Lawyer to Claim Compensation?

While it is possible to pursue a claim for compensation without a lawyer, there are several reasons why it is advisable to seek the assistance of a personal injury attorney, especially in cases involving accidents with police cars. Here are some key reasons why having a lawyer can be beneficial:

  • Legal expertise — Personal injury attorneys specialize in the laws and regulations surrounding personal injury claims, including those related to accidents involving police cars. They deeply understand the legal process, relevant statutes, case precedents, and the strategies needed to build a strong claim.
  • Knowledge of the claims process — Navigating the claims process can be complex and overwhelming, especially when dealing with governmental entities or insurance companies. An attorney can guide you through the process, help you understand your rights, and ensure that all necessary paperwork and deadlines are properly handled.
  • Evaluation of claim value — Determining the value of your claim requires a thorough analysis of various factors, including the extent of your injuries, medical expenses, lost wages, and non-economic damages such as pain and suffering. An experienced attorney can assess your claim's worth and work to maximize the compensation you deserve.
  • Gathering evidence — Building a strong case requires collecting and preserving evidence that supports your claim. Attorneys have the resources and expertise to investigate the accident, gather necessary evidence (such as accident reports, witness statements, and expert opinions), and present a compelling case on your behalf.
  • Negotiation and settlement — Insurance companies often attempt to settle claims for the lowest possible amount. Having an attorney by your side can level the playing field. They can negotiate with insurance adjusters on your behalf, advocate for your rights, and work to secure a fair settlement that fully compensates you for your injuries and damages.
  • Litigation representation — If your case goes to court, an attorney can provide skilled representation, presenting your case to a judge and jury, cross-examining witnesses, and arguing for your rights. They have experience with courtroom procedures and the skills necessary to advocate for your best interests effectively.
  • Experience with police liability cases — Attorneys with experience in handling cases involving accidents with police cars understand the specific legal nuances, applicable exemptions, and governmental immunities that may come into play. They can navigate these complexities and build a strong case to hold the responsible parties accountable.

Overall, having a personal injury attorney on your side can ensure that your rights are protected, increase your chances of obtaining fair compensation, and alleviate the burden of handling the legal aspects of your claim. They can provide guidance, support, and strong legal representation throughout the process.

Find a Los Angeles Personal Injury Attorney Near Me

Being injured in an accident involving a police car can be a daunting and complex experience. Understanding such situations' legal aspects and potential outcomes is crucial for seeking fair compensation and holding the responsible parties accountable.

In California, liability and compensation in police car accidents depend on various factors, including whether the police were responding to an emergency, determination of fault and application of the emergency vehicle exemption. While police departments and officers may have certain legal protections and governmental immunities, there are avenues for seeking compensation through insurance coverage, governmental entity responsibility, and legal claims.

Navigating the legal process can be challenging, which is why we at The Personal Injury Attorney Law Firm are here to help you. We can assess the circumstances of your accident, evaluate your claim, and guide you through the legal complexities.

We will work diligently to protect your rights, gather evidence, negotiate with insurance companies, and, if necessary, litigate your case to ensure you receive fair compensation for your injuries, medical expenses, lost wages, and other damages. Call us today at800-492-6718 for a free consultation.