When a police car crashes into you, you may feel hesitant to initiate legal action due to police officers’ superiority. But you shouldn’t let this stop you because you have rights when a police car crashes into you.
Our Lafayette police chase accident lawyer at Laborde Earles explains what happens if a police car crashes into you. Read on to learn when a police officer can be held liable and what compensation you could receive.
What to Do After a Police Car Crashes Into You in Louisiana
If you’ve been involved in an accident with a police vehicle, it’s important to take action immediately. Here are some steps you should take:
- Call for emergency help: Dial 911 if there are any injuries requiring immediate medical attention.
- Do not move your vehicle: Leave all vehicles in their post-crash positions until the investigating officer instructs you to move. This preserves evidence for the reconstruction of the accident.
- Gather evidence: Take photos of any visible damage, skid marks, traffic signals, and the overall crash scene before vehicles are moved. Get contact details of all witnesses.
- Contact the police: Request a police report and any documentation of the accident details like measurements and diagrams. Ask for the officer’s badge number as well.
- Seek medical care: Even if you don’t feel severe pain, go to the doctor for an evaluation. Injuries may manifest later or worsen.
- Contact an attorney: Discuss your legal options as soon as possible. There are often strict deadlines to file claims. A lawyer can advise on evidence preservation.
When a law enforcement officer injures you, it’s an intimidating situation. You may feel the urge to apologize or admit fault because of the authority police officers have. But do not admit any fault or give any indication of it. Our Lafayette car accident lawyer will determine fault later based on evidence.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientWhat Is Qualified Immunity?
Qualified immunity is a doctrine that protects state and local officials from liability unless the police officer clearly violated a clearly established constitutional right. In the context of a police car crash, it can be difficult to determine when a police officer could be liable.
When law enforcement is protected in virtually every aspect, you may feel hopeless in your pursuit of justice. However, hiring our attorneys from Laborde Earles can help you overcome this challenge. To override a police officer’s qualified immunity, our Lafayette police chase accident attorney will have to prove the officer’s actions were:
- Negligent: Qualified immunity would not apply if an officer’s negligent driving clearly caused a crash, such as speeding without lights or sirens, driving distracted, or committing a traffic violation.
- Gross negligence: Immunity is lost if an officer acts with reckless disregard for safety, like pursuing a non-violent suspect at extremely high speeds through crowded areas.
- Policy violations: Ignoring clearly established pursuit or emergency response policies could result in liability since it was not within official duties.
- Intentional actions: Immunity does not protect officers from civil claims for intentional misconduct such as assault with a motor vehicle.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientWho Do You File a Claim Against After the Accident?
When the police are involved in a car accident, it can be tricky to know who to file your personal injury claim against. Louisiana already has laws that make it harder for residents to file claims against police officers. Since you cannot file against individual police officers due to their qualified immunity, you’ll have to file a claim against the police department the officer is associated with.
Our Lafayette personal injury lawyer can help you determine exactly how much time you have to file your claim. We’ll guide you through the filing process to make sure you don’t miss any important steps.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientHow the Insurance Process Works After a Police Car Crashes Into You
The insurance process after a police car crashes into you can be more difficult than a regular accident claim. Rather than dealing with the at-fault driver’s insurer directly, you will need to file a liability claim against the police department’s auto insurance policy. Their insurer will investigate the fault before determining whether your claim will be covered.
Even if the police officer is found liable, government auto policies often have lower liability limits than private insurers. Additionally, submitting bills and documenting all losses can be an extensive process. Law enforcement liability claims sometimes move slower than standard insurance cases. Insurance adjusters also have incentives to lowball settlement offers, hoping victims will accept inadequate compensation without legal representation. Our legal team can accompany you to the negotiations to fight for your right to compensation.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientWhat Damages Can You Recover After a Police Car Crashes Into You?
If you have been injured or your vehicle damaged due to a collision with a police vehicle in Louisiana, you may be entitled to recover various types of damages. Our team can help you recover damages such as:
- Medical expenses: Past and future costs for doctor visits, ER treatment, surgeries, medications, physical therapy, and medical equipment.
- Lost wages: Compensation for income lost from missed work while recovering from injuries caused by the accident.
- Property damage: Repairs or replacement value for a totaled vehicle, along with costs such as car rental during repairs.
- Pain and suffering: Compensation for physical and emotional pain, as well as long-term impact on quality of life. Pain and suffering damages are especially important with severe or permanent injuries.
- Loss of consortium: If the accident caused significant impairment or disability, you can sue for loss of relationships, companionship, and intimacy.
- Punitive damages: These damages may be added in cases of grossly reckless driving demonstrating a deliberate disregard for public safety.
Learn More About What Happens if a Police Car Crashes Into You
It’s difficult to hold law enforcement officials accountable for their actions, but with a Lafayette police chase accident attorney, it is possible. Our team at Laborde Earles has over 250 years of combined personal injury experience. We can help you start the legal process today and fight for compensation on your behalf.
Contact us to learn more about how we can help after a police car crashes into you.
