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You’ve just hit another vehicle. What if the car you hit was a police car? It’s a nerve-wracking feeling, and you’re probably worried you’ll be arrested and worse. Your best first step is still to call 911, as that not only brings out non-involved officers to manage the scene and preserve evidence but also EMS, so you can get checked for injuries. Then, call a Palm Beach Gardens car accident lawyer to help protect your rights.
Car crashes involving someone working for a government agency get a lot more complicated than those between two private drivers. While you have the legal right to sue a government entity, like the Palm Beach Gardens police department, there are limits on how much you can recover in an auto accident claim. But if you were the at-fault driver, your police car accident could have serious consequences.
Will I go to jail for getting into an accident with a police officer?
That depends on how the accident happened. If you were negligent or driving carelessly, you may receive a ticket for violating traffic laws, like Florida’s law against texting and driving, or a citation for speeding or failure to yield.
However, if you were engaging in dangerous behavior, like driving under the influence or driving recklessly (like street racing), you could receive misdemeanor or criminal charges. In this case, you should consult with a reputable criminal defense lawyer immediately, as you may face jail time. Our accident attorneys handle personal injury claims, not criminal ones, so you may be better served talking to a firm that specializes in criminal defense.
Willfully crashing into a police car or crashing into the cop car if the officer is in it could also be considered an aggravated assault on a police officer, which is a serious charge that carries a long prison sentence.
Steps to take after a crash with a cop car
Accidents involving police vehicles should be treated in the same manner as any other collision. Call 911 for emergency assistance, take photos or a video of the scene and each vehicle, if you’re able to, and be sure to get medical attention. It’s pretty common for the adrenaline your body releases after a crash to mask the symptoms or severity of your injuries; EMS techs are trained to spot “hidden” injuries and can promptly diagnose you so you get immediate care.
Then, notify your insurance company of the crash. Your Personal Injury Protection (PIP) insurance should cover your medical bills and property damage. If your damages exceed your policy limit, and you caused the crash, you could be on the hook for paying for the rest of your medical bills or property damage if you caused the wreck.
What if the police car hit me instead?
What if you were hit by a police car? If an accident occurs during a police chase, or if it was simply a “routine” crash and the other driver just happened to be a cop, then you can file a claim to recover compensation with the municipality where the officer is employed, such as the City of Palm Beach Gardens or Palm Beach County.
That being said, holding a government entity liable for damages is different and more difficult than holding a private driver liable in a car wreck.
In Florida, governmental immunity is waived if the victim’s injury was caused by a wrongful act or omission. By Florida law, getting hit by a police car falls into this category if:
- The police officer was negligent
- Your damages can be compensated with money (like paying your medical bills and car repair costs)
- The police officer would have been liable in the same situation if they were a private driver (not because of the officer’s actions as a government employee; it’s usually a consideration in cases where someone was injured during a police chase)
If these conditions are met, then you can file a claim for damages. But, there are several imitations that aren’t present in personal injury claims against private individuals:
- The claim must be filed against the government agency, not the individual officer, unless the police officer intentionally or recklessly caused the crash
- There’s a cap on damages you can collect: $200,000 unless your claim is against multiple government agencies; then the cap is $300,000
- Punitive damages may not be awarded
Get legal help after an accident with a police officer in Florida
Pursuing a personal injury claim against a Florida government agency is significantly more complicated than filing a claim for damages with a private driver’s insurance company. Working with an experienced car accident lawyer, one who understands the details of suing a police department, is your best chance of obtaining a fair settlement.
Have you been involved in an accident with a police vehicle? Contact Lytal, Reiter, Smith, Ivey & Fronrath at (561) 655-1990 for a free consultation.