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6 min read

What Happens if a Cop Hits Your Car

However, what may appear as a harmless attempt to save a few minutes can have catastrophic consequences? As a responsible personal injury lawyer, it is crucial to shed light on the dangers of speeding and raise awareness about its potential consequences.

A Police Car Hit Me, What Should I Do?

Being involved in a car accident can be a stressful experience. However, when the other vehicle is a police car, the situation becomes even more complex. If you find yourself in such a situation, it's essential to understand the steps you should take to protect your rights and seek the compensation you deserve.

Prioritize Your Safety:

First and foremost, ensure your safety and the safety of others involved in the accident. If there are any injuries, immediately call for medical assistance. Remember to document the accident scene by taking photos and collecting witness information.

Report the Incident:

Notify the police about the accident, even if an officer is present. Request an official police report and provide an accurate account of the events. This report will serve as crucial evidence during the claims process.

Understand the Unique Nature of Police Car Accidents:

Recognize that a car accident involving a police officer differs from a typical collision. Government entities often self-insure for accidents involving their vehicles, which affects the claims process. This complexity underscores the importance of seeking legal representation.

Consult an Experienced Lawyer:

To navigate the intricacies of a police car accident case successfully, it's advisable to consult with an experienced lawyer who specializes in personal injury and car accidents. A skilled attorney can evaluate your case, guide you through the legal procedures, and advocate for your rights.

Benefits of Legal Representation:

Having a lawyer on your side can provide numerous benefits. They will communicate with the government entity, ensuring all necessary paperwork and evidence are properly submitted. Additionally, a lawyer will work to maximize your compensation, considering medical expenses, property damage, lost wages, and other potential damages.

 

How Is Fault Determined in an Accident with a Police Car?

Determining fault in an accident involving a police car follows a similar process to any other car accident. However, there may be some additional considerations due to the involvement of a law enforcement vehicle. Here are some factors that can influence the determination of fault:

Police Department Investigation:

When a police car is involved in an accident, the police department typically conducts an internal investigation to determine if the officer followed proper procedures. This investigation may involve reviewing dashcam or bodycam footage, interviewing witnesses, and examining the accident scene.

Official Police Report:

The responding police officer will likely prepare an official police report detailing their findings and accident assessment. This report may include information on the officer's observations, statements from involved parties and witnesses, and any citations or violations noted.

State Traffic Laws:

Traffic laws apply to all drivers, including police officers. The officer's adherence to traffic laws, such as speed limits, traffic signals, and right-of-way rules, will be considered when determining fault.

Eyewitness Accounts and Other Evidence:

Witness statements and any available evidence, such as photos, videos, or surveillance footage, can provide additional information about the circumstances leading up to the accident. This evidence can help establish fault by corroborating or contradicting the account parties' account.

Independent Investigation:

 In some cases, insurance companies or legal representatives of the parties involved may conduct an independent investigation. They may gather their evidence, consult accident reconstruction experts, and interview witnesses to determine fault.

It's important to note that fault determination can vary depending on the jurisdiction and specific laws in place. Ultimately, the fault is determined based on the available evidence, applicable traffic laws, and the investigation findings. If there are disputes or complexities in determining fault, it may be necessary to seek legal advice to protect your rights and navigate the legal process effectively.

 

Potential Damages for a Collision Involving a Police Car

In a collision involving a police car, the potential damages that can be claimed depend on various factors, including the specific circumstances of the accident, the jurisdiction's laws, and the extent of the damages incurred. Here are some potential damages that may be applicable:

Property Damage:

You may be entitled to compensation for the damage caused to your vehicle or other property due to the collision. This includes the cost of repairs or the fair market value of your vehicle if it is deemed a total loss.

Medical Expenses:

If you or any passengers sustained injuries in the accident, you may be eligible to seek compensation for medical expenses. This can include hospital bills, doctor's visits, medication costs, rehabilitation, and future medical treatment related to the injuries.

Pain and Suffering:

Damages for pain and suffering aim to compensate for the physical and emotional distress caused by the accident. These damages are subjective and can vary based on the severity and long-term impact of the injuries.

Lost Wages:

If the injuries from the collision result in missed work or reduced earning capacity, you may be able to claim compensation for the wages you have lost or will lose in the future.

Loss of Consortium:

In cases where the accident leads to a loss of companionship or affects the relationship with a spouse or family member, damages for loss of consortium may be pursued.

Punitive Damages:

In exceptional cases involving gross negligence or intentional misconduct by the police officer, punitive damages may be awarded. Punitive damages are intended to punish the at-fault party and deter similar behavior in the future.

It's important to note that the availability and extent of damages can vary based on the jurisdiction and the specific circumstances of the accident. Consulting with an attorney experienced in personal injury cases, specifically those involving police car accidents, can better understand the potential damages you may be eligible to claim based on your unique situation.

 

Filing a Claim For a Police Car Crash

Filing a claim for a police car crash follows a similar process to filing a claim for any other car accident. However, there may be some differences due to the involvement of a government entity or self-insurance. Here are the general steps to file a claim:

  • Report the Accident: Contact the police to report the accident, even if an officer is present. Request an official police report documenting the incident. This report will serve as important evidence for your claim.
  • Gather Evidence: Collect as much evidence as possible to support your claim. Take photos of the accident scene, including the damage to your vehicle and any injuries. Obtain contact information from witnesses who saw the accident. Keep records of any medical treatment received and expenses incurred.
  • Notify Your Insurance Company: Inform your insurance company about the accident immediately. Provide them with all the relevant details, including the police report and supporting evidence. They will guide you through the claims process and may communicate with the involved government entity.
  • Determine Liability: Liability in a police car crash will be assessed based on the specific circumstances and applicable traffic laws. It may involve reviewing the police officer's actions, adherence to procedures, and any potential negligence.
  • Consult with an Attorney: Consider seeking legal advice from an attorney experienced in handling car accident claims, particularly those involving police vehicles. They can help protect your rights, assess the strength of your claim, and navigate any complexities associated with the involvement of a government entity.
  • File a Claim with the Government Entity: If a government entity owns the police car involved, you may need to file a claim directly with that entity. They may have specific procedures and deadlines for filing claims, which your attorney can assist you with.
  • Negotiation and Settlement: Your attorney will work with the involved parties, including the government entity and their insurance representatives, to negotiate a fair settlement for your damages. This can include compensation for property damage, medical expenses, lost wages, and other applicable damages.
  • Legal Action, if Necessary: If a fair settlement cannot be reached through negotiation, your attorney may advise you to pursue legal action by filing a lawsuit. This step would involve presenting your case in court and seeking a resolution through the legal process.

Remember, the exact process and requirements for filing a claim for a police car crash may vary depending on the jurisdiction and specific laws in place. Consulting with a legal professional familiar with local laws is crucial to ensure you take the appropriate steps and protect your rights throughout the claims process.

 

When Is a Police Officer Exempt from Traffic Laws?

Police officers are generally not exempt from traffic laws; however, they may have certain limited exceptions or privileges when performing their duties. The specific circumstances in which a police officer may be exempt from traffic laws can vary depending on the jurisdiction, local regulations, and the nature of their official duties. Here are some common situations where police officers may have exemptions:

  • Emergency Response: When responding to an emergency, such as pursuing a suspect, assisting in a critical situation, or providing urgent aid, police officers may be exempted from certain traffic laws. This includes exceeding speed limits, running red lights, or making illegal maneuvers with due regard for public safety.
  • Traffic Control: Police officers often have the authority to control traffic flow at intersections or during special events. They may temporarily override traffic signals, direct traffic, and make necessary adjustments to ensure safe and efficient traffic movement.
  • Official Duties: During their official duties, police officers may have the authority to deviate from specific traffic laws. For example, when conducting traffic stops, pursuing suspects, or performing traffic enforcement, they may be allowed to make U-turns or disregard certain traffic signals or signs.

It's important to note that even when exemptions apply, police officers are still expected to exercise reasonable care and caution to prevent accidents and prioritize public safety. They must balance the need to carry out their duties effectively with the responsibility to minimize risks to themselves and others on the road.

The specific exemptions and privileges granted to police officers can vary by jurisdiction, so it's important to consult local traffic laws and regulations to understand the specific rules and circumstances applicable in your area.

 

Should You Hire a Lawyer for an Accident Involving a Police Car?

If you've been involved in an accident with a police car, the unique circumstances and complexities of such cases make it crucial to consider hiring a lawyer. An experienced attorney can navigate the legal process, protect your rights, and help you seek the compensation you deserve. 

At Muller Brazil, our team of skilled lawyers specializes in personal injury cases, including accidents involving police vehicles. We understand the intricacies of these cases and are committed to advocating for our client's best interests. 

 If you need legal representation and guidance following a police car accident, don't hesitate to contact Muller Brazil for a consultation. Your rights and the compensation you deserve are our top priorities.

 

Meet the Author

Laura Levenberg - Associate Attorney

Laura J. Levenberg is a vaccine injury lawyer at My Vaccine Lawyer. Prior to joining My Vaccine Lawyer, Ms. Levenberg worked as a trial attorney at a litigation firm specializing in personal injury matters, primarily arising from motor vehicle accidents and slip/trip and fall incidents. Laura has successfully represented clients in all stages of litigation, including depositions, negotiations, motion practice, oral arguments, arbitrations, and trial. Laura also serves as a certified arbitrator in Philadelphia County.

Learn more about Laura J. Levenberg