If you are injured by a police car, you should be able to file a personal injury claim against the officer’s employer. However, these claims may take longer than usual since they involve going through government agencies.
Below, our California personal injury lawyers discuss the following:
- What To Do After a Crash
- Who is at fault?
- Who pays my damages?
- What if my spouse was killed?
- Should I hire a lawyer?
- Additional Reading
If you have further questions after reading this article, we invite you to contact us at Shouse Law Group.
What To Do After a Crash
After a car accident with a police officer, seek immediate medical attention even if you do not feel injured. Many car accident victims do not realize they were injured until a day or two after the accident.
Also, do not admit fault, which can be difficult to do when the other driver is an intimidating police officer. The issue of who was at fault should be left up to the court after a review of all the evidence, not based on an officer’s one-sided view.
Finally, contact a car accident lawyer. The police officer is generally covered by the city’s insurance policy, so the claims process can get very complex.
Who is at fault?
If the police officer caused your accident by violating a traffic law – such as by speeding – the officer would be considered negligent. However, there is a California law that exempts emergency vehicles from normal traffic laws in certain situations.
For a police officer to establish that they were not required to comply with a specific vehicle code, the officer must prove all of the following:
- The police officer was operating an authorized emergency vehicle;
- The police officer was responding to an emergency situation at the time of the accident; and
- The police officer sounded a siren when reasonably necessary and displayed front red warning lights.1
Who pays my damages?
When a police officer is driving on the job and crashes into you, you can sue the public entity for damages. Depending on the law enforcement agency, it could be the state, county, or city that is liable to you.
The damages in a serious accident can reach tens or hundreds of thousands of dollars or more. It can include compensation for:
- Medical bills,
- Lost wages,
- Lost earning capacity,
- Pain and suffering,
- Vehicle repairs, and
- Loss of consortium.
What if my spouse was killed?
If your spouse, child, parent, or other next-of-kin was killed in an accident with a police car, you should be able to sue the responsible party.2 Damages in a wrongful death lawsuit include:
- Funeral expenses,
- Burial expenses,
- Loss of earnings the deceased would have earned, and
- Compensation to you for the loss of your loved one.
Should I hire a lawyer?
Police car accidents are much more complicated than regular car accidents. Lawsuits involving city or state employees have a different claims process and can take much longer to resolve.
When you are dealing with physical recovery, getting back to work, and taking care of vehicle repairs, the last thing you have time to deal with is government bureaucracy. Instead of trying to handle a serious accident case alone, hiring the right personal injury lawyer will mean you and your family can rest assured knowing you are in good hands.
Additional Reading
Refer to our related articles by our California car accident lawyers:
- Vehicle Collisions – California DMV guide about what to do after a crash.
- Traffic Conditions – California Highway Patrol information page on current traffic incidents.
- Hit by a DUI Driver? – How to sue for money damages.
- Motorcycle Accident Lawsuit in California – A legal guide.
- Trucking Accident Lawsuit – How to bring a claim for damages.
- Lawsuits for SUV Rollover Accidents – Your options after an accident.
- E-bike Accident Lawsuit – How to bring a claim.
- Pedestrian Hit By Car in California – How to bring a lawsuit.
Legal References:
- California Vehicle Code 21055 (“The driver of an authorized emergency vehicle is exempt from Chapter 2 (commencing with Section 21350), Chapter 3 (commencing with Section 21650), Chapter 4 (commencing with Vehicle Code Section 21800), Chapter 5 (commencing with Vehicle Code Section 21950), Chapter 6 (commencing with Vehicle Code 22100), Chapter 7 (commencing with Section 22348), Chapter 8 (commencing with Section 22450), Chapter 9 (commencing with Section 22500), and Chapter 10 (commencing with Section 22650) of this division, and Article 3 (commencing with Section 38305) and Article 4 (commencing with Section 38312) of Chapter 5 of Division 16.5, under all of the following conditions: (a) If the vehicle is being driven in response to an emergency call or while engaged in rescue operations or is being used in the immediate pursuit of an actual or suspected violator of the law or is responding to, but not returning from, a fire alarm, except that fire department vehicles are exempt whether directly responding to an emergency call or operated from one place to another as rendered desirable or necessary by reason of an emergency call and operated to the scene of the emergency or operated from one fire station to another or to some other location by reason of the emergency call. (b) If the driver of the vehicle sounds a siren as may be reasonably necessary and the vehicle displays a lighted red lamp visible from the front as a warning to other drivers and pedestrians. A siren shall not be sounded by an authorized emergency vehicle except when required under this section.”) California Civil Jury Instructions (“CACI”) 730. California Civil Jury Instructions (“CACI”) 731.
- California Code of Civil Procedure 377.60 (“A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf: (a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.”)