Can You Sue the Police for a Car Accident?
Considering the number of accidents frequently caused by police pursuits, a question arises: who can the victims of such accidents hold accountable? Can you sue the police? The short answer is yes—victims of car accidents caused by police pursuits have the right to file a lawsuit. This is valid as long as it can be proven that the police acted negligently.
In this article, we will explore this topic further and shed light on some common questions. If you or a loved one were injured in an accident and need the assistance of a car accident lawyer in California, call My Lawyer Mark at (866) 721-5808 for a free consultation.
How and When Can You Sue the Police for an Accident?
To sue the police for an accident caused by a pursuit, the first thing you must do is establish negligence. This means proving that the officer acted irresponsibly, failing to uphold their duty of care toward others on the road and that these actions directly caused the accident. If this can be proven, you may have the right to compensation.
To win a lawsuit against the police, gathering and presenting compelling evidence is crucial. This includes documents such as police reports, witness statements, video recordings, and expert testimony.
In California, the collection and presentation of this evidence must comply with the state’s Code of Civil Procedure. This ensures that the evidence is valid in court and can effectively support your claims. To achieve this, you may need the help of a personal injury lawyer in California.
In addition to helping you gather evidence according to the Code of Civil Procedure, a lawyer will guide you through the state’s legal complexities and effectively defend your rights. They can also negotiate with the relevant government entities and, if necessary, represent you in court.
Who Can Be Held Responsible for an Accident Caused by a Police Pursuit?
When it comes to car accidents caused by police pursuits, several factors determine who may be held responsible for your injuries and damages:
- The criminal being pursued by the police, who has a duty to care for other drivers, pedestrians, and cyclists.
- The Police Department, depending on the policies established for initiating, conducting, and ending a pursuit.
- Your own insurance company, in which case you may file a claim based on your coverage policy.
What to Do After an Accident Involving a Police Vehicle
It’s normal to feel disoriented and confused after an accident, especially if it involves the police. However, it’s important to act promptly to protect your rights. Here are some recommended steps to follow:
Document the Scene
Take photos of the damage to your vehicle, the police vehicle, and any others involved. Also capture the general scene, including the location and traffic signs.
Record the exact date, time, and location of the accident. Write down the names and badge numbers of everyone involved, including the police officers. If there are witnesses, get their contact information.
If you or your passengers are injured, note any pain or discomfort you feel. It’s important to seek medical attention as soon as possible, even if you don’t think your injuries are serious.
Seek Medical Attention
Even if you don’t feel unwell, it’s crucial to be examined by a doctor. Injuries from car accidents can manifest later, and having immediate medical records will support your case.
If you or someone you know is severely injured due to the accident, call 911 immediately. If you cannot do so, ask someone else for help.
Gather Witness Information
If there are people who witnessed the accident, collect their contact details. Their statements can be crucial in proving what happened and determining fault.
File a Police Report
Even if the other party involved is a police officer, it’s important to file a police report. The report will document the details of the accident and serve as important evidence in your case.
When speaking with the police to give your account of the accident, be clear and concise about what happened. Do not admit fault or make statements that could be used against you. If you don’t know something, simply say, “I don’t know.”
Consult with a Lawyer
Accidents involving police vehicles can be complex and have significant legal implications. An experienced personal injury lawyer can guide you through the process, protect your rights, and fight for the maximum compensation you deserve.
My Lawyer Mark has the experience, knowledge, and skills to win. He will fight for every penny you’re entitled to by law. Call today at (866) 721-5808 for a free consultation.