Seeking Compensation After A Collision With A Police Car
Posted on: 26 August 2022
Auto accident claims depend on multiple things, including the nature of the defendant. For example, pursuing compensation after a crash with a police car is much different from pursuing compensation from a private motorist. Below are some things you should know if you are a victim of a police car accident. adsf
1. Possibility of Immunity
Many government agencies enjoy qualified immunity from liability claims. Qualified immunity means that you cannot sue a government employee or agency for damages unless certain exceptions apply. Below are some factors that determine whether you can sue for damages after a police chase accident.
Jurisdiction
First, you should know that some states have removed laws that grant immunity to the police, but many states still have these laws. Personal injury claims take place in state courts except for a few cases, such as claims against the federal government. Thus, the accident's location determines whether you can even file a claim in the first place.
Officers' Conduct
Many jurisdictions allow claims against the police in specific circumstances that the conduct of officers involved in the event determines. For example, many jurisdictions will allow you to pursue damage against the police if the police officer's conduct is willful or reckless.
For example, an officer who rams into your car to push the car from the road might be guilty of willful conduct, especially if the officer knows the car has passengers. An example of reckless conduct is a police officer who, without using their siren, speeds through a school neighborhood and crashes into a school bus.
2. Multiple Defendants
The driver of the car that causes an accident is always the first suspect as far as an accident's liability is concerned. Thus, the police driver's liability is possible, especially if their direct actions (such as speeding or making illegal turns) cause an accident.
In such a case, you can use the legal principle of respondeat superior to seek damages from the police department or local government. The legal principle allows you to hold one party liable for the actions of their agent or subordinate (in this case, the police officer).
You can also hold the local police department or local government directly liable for your damages if their actions contributed to the crash. Consider a police department without clear rules of conduct for officers chasing criminals. Such a department is liable for the damages their officers might cause during a chase.
Accident claims against government bodies are complicated. Contact an experienced auto accident lawyer to help you pursue compensation.
If you'd like to read more, check out a variety of personal injury law firm websites.
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