The 3 Most Common Police Car Accidents—and How to Protect Your Claim

Seeing flashing lights in your rearview mirror is one thing; seeing them as a police car collides with you is another. Accidents involving law enforcement vehicles are terrifying, confusing, and legally complex. While we depend on officers to respond to emergencies and keep our communities safe, they are also human and capable of causing serious, life-altering crashes.

When you are injured by a police vehicle, you are not just dealing with another driver—you are up against a powerful government agency with special legal protections. At Walch Law, we have spent over 45 years fighting for the rights of injury victims, and we know how to navigate the complex rules that govern claims against the police. Whether on foot or in the car, if you have been hit by a police car recently we can help get you the money you deserve, and more. 1-844-999-5342

1. Emergency Response Collisions (Code 3)

The most recognizable police car accidents happen when an officer is responding “Code 3” with lights and sirens to an urgent call. These situations are inherently dangerous as officers travel at high speeds, often against the normal flow of traffic.

Common scenarios include:

• Intersection Accidents: An officer entering an intersection against a red light or stop sign and colliding with a vehicle that has the right-of-way.
• Failure to Clear Intersections: A cruiser proceeding through an intersection before all other cross-traffic has seen them and yielded.
• Wrong-Way or Shoulder Use: Using oncoming lanes or road shoulders to bypass traffic, leading to head-on or side-swipe collisions.

While officers have special privileges when responding to emergencies, they are not granted a free pass to drive recklessly. Under California Vehicle Code sections 21055-21056, these privileges only apply if the officer uses a siren and red warning light. Even then, they must drive with “due regard for the safety of all persons using the highway.” If an officer fails to use their siren, travels at a speed that is unsafe for the conditions, or enters an intersection without ensuring it is clear, they can be found negligent.

2. High-Speed Pursuit Collisions

Police pursuits are among the most chaotic and dangerous events on our roads. Tragically, innocent bystanders—drivers, pedestrians, and cyclists—are often the ones who pay the price.

Pursuit-related crashes can happen in several ways:

• Collisions with the Fleeing Suspect: A third-party bystander is struck by the suspect’s vehicle as they attempt to evade the police.
• Collisions with the Police Vehicle: An officer loses control during the chase or collides with another vehicle while trying to keep up with the suspect.
• Secondary Crashes: The chaos of the pursuit causes other drivers to collide with each other.
• PIT Maneuvers Gone Wrong: An officer attempts a Pursuit Intervention Technique (PIT) maneuver to stop the suspect, but it causes the fleeing vehicle to spin out of control and crash into an innocent person.

Liability in these cases is complex. The fleeing suspect is almost always held responsible for the harm they cause. However, the police department may also be liable if the officer initiated or continued a pursuit in a manner that showed a reckless disregard for public safety. California law provides some immunity for police agencies if they have a certified pursuit policy in place and train their officers on it. But this immunity is not absolute. If the officer violates that policy or if the department fails to provide proper training, they can still be held accountable.

3. Routine Driving Collisions

Not every police car accident involves an emergency. Officers spend their entire shifts on the road, and just like any other driver, they can make mistakes during routine patrols. These collisions are judged by the same basic traffic laws that apply to all drivers.

Common examples include:

• Rear-End Accidents: An officer is distracted and rear-ends a vehicle stopped at a traffic light or in traffic.
• Unsafe Turns or Merges: An officer makes an unsafe left turn in front of oncoming traffic or merges into a lane without checking their blind spot.
• Parking Lot Incidents: A cruiser backs out of a parking spot without looking or strikes another vehicle in a tight space.
• Opening Doors into Traffic: An officer opens their door into the path of a moving vehicle or, more commonly, a cyclist.

In these non-emergency situations, the officer is held to the same standard of care as any other driver. If they violate a traffic law and cause a crash, their employer—the city, county, or state—is generally liable for the resulting damages.

The Government Claims Act: A Critical 6-Month Deadline

You cannot simply file a lawsuit against a police department. Before you can sue a public entity in California, you must first file a formal “Government Claim.”

• The Deadline: For personal injury, wrongful death, or property damage claims, you have only six months from the date of the incident to file this claim. This is a strict and unforgiving deadline.
• The Response: The government agency has 45 days to accept or reject your claim.
• Filing a Lawsuit: If your claim is rejected, you then have six months from the date of rejection to file a formal lawsuit in court.

This process is a legal minefield designed to protect government agencies. One small mistake can cause you to lose your right to compensation forever. It is essential to have an experienced attorney handle this process for you.

What to Do After a Police Car Accident

1. Seek Immediate Medical Care: Your health is the first priority. Go to the hospital or an urgent care clinic to get evaluated and create a medical record of your injuries.
2. Call 911 and Get an Incident Number: Ensure an official report is created. Even if the police are already on the scene, you want a separate incident number for the traffic collision.
3. Gather Information: Get the officer’s name, badge number, and the name of their agency (e.g., LAPD, LA County Sheriff, CHP). Ask for the police department’s claims unit information.
4. Document the Scene: If you are able, take photos and videos of the vehicle damage, skid marks, road conditions, and your injuries.
5. Identify Witnesses: Get the names and phone numbers of anyone who saw the crash. Ask them specifically if they heard a siren before the collision.
6. Preserve Your Own Evidence: If you have a dashcam, save the footage immediately. Do not delete any photos or videos from your phone.
7. Do NOT Give a Recorded Statement: You will likely be contacted by an investigator from the police department’s internal affairs or a claims adjuster for the city. Do not give them a recorded statement or sign any documents without speaking to a lawyer first.
8. Contact a Winning Police Car Accident Lawyer Immediately: Because of the short 6-month deadline, you must act quickly. An experienced police car accident law firm can immediately start preserving evidence, handling the government claim, and protecting your rights.

Damages Available in a Police Car Accident Claim

If you were injured due to an officer’s negligence, you may be entitled to compensation for:

• Medical Bills: All costs for ER visits, surgery, hospitalization, physical therapy, and future medical care.
• Lost Wages: Income you lost while unable to work.
• Loss of Earning Capacity: If your injuries prevent you from returning to your previous job.
• Property Damage: The cost to repair or replace your vehicle.
• Pain and Suffering: Compensation for your physical pain, emotional distress, and trauma.
• Wrongful Death: If you lost a loved one, your family can file a claim for funeral expenses, lost financial support, and loss of companionship.

Frequently Asked Questions (FAQ)

1. Can police legally run red lights?
Yes, but only under specific conditions. When responding to an emergency with lights and a siren active, they can proceed through a red light, but they must do so with “due regard” for public safety, which includes slowing down and ensuring the intersection is clear.

2. What if the officer didn’t have their siren on?
If the officer was responding to an emergency but failed to activate their siren, they generally lose their special legal privileges. In that case, they would be judged by the same traffic laws as any other driver.

3. What if I was hit by the car the police were chasing?
You may have a claim against both the fleeing suspect and the police department. A claim against the department would depend on whether the officers followed their own pursuit policy and did not act with reckless disregard for public safety.

4. Do I have to talk to the police department’s internal affairs investigator?
No, you are not required to give them a statement, and you should not do so without your attorney present. Their goal is to find information to defend the officer and the department against your claim.

5. How long do I have to file my claim?
You have only six months from the date of the accident to file a formal Government Claim against the police department or other public entity. This is a strict and critical deadline and while a late claim application is sometimes possible, these are tough.

6. Can undocumented immigrants file a claim if injured by a police car?
Yes. Your immigration status does not affect your right to file a claim and seek compensation for your injuries in California.

Injured by a Police Vehicle? We Can Help.

Taking on a police department is an intimidating process, but you do not have to do it alone. The experienced attorneys at Walch Law understand the special rules and tight deadlines involved in these cases. We will handle the entire legal process—from filing the government claim to fighting for the maximum compensation you deserve—so you can focus on your recovery.

Contact us today for a free, confidential consultation. We work on a contingency fee basis, which means you pay absolutely nothing unless and until we win your case. CALL NOW.