Can You Sue if a Police Officer Causes Your Car Crash?

Yes. You can sue anyone for anything, even people in patrol cars. The real question is, can you sue over a police-involved accident and win? This article is about police car accidents emanating from pit maneuvers to personal negligence by cops who think that they can skirt traffic regulations. In a dense, crime-ridden city like Los Angeles, Fentanyl traffic congestion and road rage are typical daily situations law enforcement deals with. As a result, sadly, car accidents are a common occurrence the local police department deals with as well.

While most catastrophic car accidents involve private individuals, what happens when a police officer is also the at-fault driver responsible for causing your accident involving serious injuries or death on the highway? Can you sue the police officer for causing or contributing to your motorcycle or automobile collision? This original article was written by a car accident attorney in Los Angeles with over a decade of experience fighting for victims of accidents with police or emergency vehicles.

Ehline Law Firm is a leading Los Angeles law office that helps victims suffering injuries from an accident involving a police cruiser or rogue cop. If you were in an accident involving a police cruiser pursuing a fleeing suspect, there are many complex legal issues. But we stand ready to hold law enforcement accountable for motor vehicle accidents 24/7.

Below, our top-rated personal injury attorneys will digest and explore the legal paths available to car accident victims facing personal injury claims in Los Angeles involving a government entity responsible for local law enforcement and police vehicles. Let’s begin!

What Happens If a Police Officer Causes a Car Accident?

In Los Angeles, CA, police cars often get involved in traffic incidents. Sometimes, an emergency vehicle or police car hits bystanders. If an armed police officer was driving recklessly and engaged in a car crash, it could cause an extensive litigation claim. First of all, a police car accident lawsuit can get complicated and won’t even get off the ground unless you make a timely government claim. But that still doesn’t mean you can win your armed police car crash if they had a valid reason to strike you or your vehicle. Often, the accident involves a police officer responding to an emergency along with other emergency responders.

Police Officers Could Be Immune?

Yes. As will be discussed, traffic law exemptions can protect the local government under the doctrine of qualified immunity. Suppose your insurance company blames the police, and you don’t have the right insurance, getting help for the injuries you sustained or for a wrongful death lawsuit. In that case, you must swiftly retain a competent car accident attorney before making a statement or trying to testify.

We have recovered millions in historic verdicts and settlements on behalf of Los Angeles car accident victims since 2005. Talking to us is free and part of our initial case review process. Ultimately, paying attention to your problem and preparing your case for future success is the key to winning. Let’s look at getting paid for the harm you suffered.

Federal and State Tort Liabilities Acts

Since ancient times, municipal police inherited their immunity from the king, queen, or “sovereign.” Americans, who historically, from the 1700s on, hated central control and mob-style communistic control, got fed up with government agencies breaking the law and getting away with it. So, in 1946, the federal government passed the Federal Torts Claims Act.

The Act waived certain sovereign immunity from suit in certain situations, creating a new form called “qualified immunity.” In other words, the government is still immune unless you can prove we aren’t. Essentially, the state created a framework that makes it almost impossible to sue unless you are a lawyer, but you CAN still try. The Act still allows the government to violate what for anyone else would be the law unless an exception applies.

California and Texas have developed similar tort claims acts with even more protections. These laws allow ordinary civilians to file damages claims against scofflaw cops and even politicians. This process is arduous and confusing in California and must generally be handled within six months of the accident. Our lawyers are experts at helping clients in police car accidents, and we can force the shifty city attorney to hear your side when you are unable to understand the responsibilities of bringing a claim.

Exceptions Sovereign Immunity

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Comprehending the Fundamentals

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When Do I Need to Pay For an Accident Involving the Police?

If the accident is your fault, you will have to pay for your car and the police car’s damage and any injuries you caused. Getting at-fault parties working for government entities to cover auto accidents is another thing entirely. If you purchased collision insurance, many lawyers say to use that to cover the cost of vehicle repairs and a rental while you wait.

Suppose the police department accepts liability on behalf of the negligent police officer. In that case, that still does not mean they will cover everything, so sometimes it is better to let your insurance pay your property damages. However, this could open an investigation against you, and the police department may turn the tables and issue you an accident citation to try and escape liability.

Establishing Police Officer Negligence

To bring a winning negligence lawsuit against the police for causing a car accident, the plaintiff must produce evidence that can prove the following elements:

Duty of Care: It is essential to demonstrate that the law enforcement officer was responsible for exercising care towards you and fellow road users. This responsibility encompasses adhering to traffic regulations. Did the officer drive in a manner that jeopardized the safety of others?
Breach of Duty: The crucial step involves confirming that the officer failed in upholding this duty of care, either by engaging in hazardous maneuvers, acting recklessly, or neglecting established traffic protocols.
Causation: A direct causal connection between the officer’s actions and the accident must be established. This entails proving that the accident would not have transpired without the officer’s negligence.
Damages: To substantiate your case, it is imperative to present compelling evidence of the injuries sustained, property damage incurred, and any other losses endured as a direct consequence of the accident.

Establishing Your Legal Claim

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How Ehline’s Car Accident Lawyer Can Assist You

Initiating legal action against law enforcement to get compensated for a car accident is a demanding, meticulous process. Proving a case against the police means more than just establishing negligence. Government immunity and the specifics of police conduct must still be overcome. Despite the formidable legal protections afforded to law enforcement entities, car accident victims may be able to hold them accountable for negligence.

Suppose you think you have a legal claim. In that case, it’s essential to engage the services of a seasoned personal injury attorney with the expertise necessary to adeptly navigate the intricate legal framework and advocate for the compensation you deserve.

Ehline Law’s personal injury attorneys, based in Los Angeles, are committed to assisting individuals in understanding their legal rights to pursue justice. We offer all new clients a free, no-cost consultation to find out if they have a case. The goal is to make you comfortable and let you discuss and explore the avenues available for a complete financial recovery. Your journey toward recuperation commences with well-informed guidance and unwavering legal representation. Please do not hesitate to contact us to schedule a call today. Time is of the essence in all government claims.

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