Hit by a Police Car? How to File a Lawsuit

The sight of flashing red and blue lights in your rearview mirror usually means you are being pulled over. But when those lights belong to a police car that has just crashed into you, it creates a situation of shock, confusion, and intimidation. An accident involving law enforcement is not like a typical fender bender. The person who hit you represents the very government you might need to sue.

Many people injured in accidents with police cars feel powerless. They assume that suing the police is impossible or that the officer will automatically be protected. While there are unique challenges, you absolutely have the right to seek compensation if an officer’s negligence caused your injuries. However, the process is far more complex and has much stricter deadlines than a standard car accident claim.

At Walch Law, we believe no one is above the law, including government employees. Understanding your rights and the specific procedures for filing a claim against a police department is the first step toward justice. TIME IS OF THE ESSENCE– CALL NOW 1-844-999-5342

The First Steps are Crucial: What to Do After the Crash

Your actions in the moments and days following an accident with a police vehicle are critical for both your health and your legal claim.

1. Prioritize Safety and Medical Care: Just like any accident, your first priority is your health. Move to a safe location if you can and call 911 immediately. Even though police will be on the scene, you need to request paramedics to assess your injuries. Adrenaline can mask serious conditions like concussions or internal bleeding.
2. Document Everything: Use your phone to gather evidence. Take photos of the accident scene, the position of both vehicles, the damage to your car, and any visible injuries.
3. Identify the Officer and Agency: Get the responding officer’s name, badge number, and the specific police department they work for (e.g., LAPD, LA County Sheriff, California Highway Patrol). Note the police report number.
4. Gather Witness Information: Independent witnesses are incredibly valuable in these cases. Get the names and contact information of anyone who saw the crash. Their unbiased account can counter the official police narrative.
5. Be Careful What You Say: Be cooperative, but do not apologize or admit any fault for the accident. Stick to the facts when speaking with officers. Anything you say can be used against you.
6. Seek a Full Medical Evaluation: Go to an emergency room or your own doctor for a complete check-up as soon as possible. This creates a medical record that officially documents your injuries and links them directly to the accident, which is vital for your claim.

The Biggest Hurdle: The Six-Month Government Claim Deadline

This is the most important rule you need to know. In a standard California personal injury case, you have two years to file a lawsuit. However, when you sue a government entity—like a police department or the city it represents—you must first file a special administrative claim, known as a tort claim, within six months of the date of the accident.

This is a strict, unforgiving deadline. If you fail to file this claim correctly and on time, you will permanently lose your right to seek compensation. It does not matter how severe your injuries are or how clear the officer’s fault was. The six-month window is a legal barrier designed to protect government agencies, and missing it is fatal to your case.

The government agency then has 45 days to review your claim. In nearly all cases, they will either reject it or fail to respond, which acts as a rejection. Only after your claim has been denied can you proceed with filing an actual lawsuit in court.

Proving Police Negligence: Overcoming Sovereign Immunity

The government generally has “sovereign immunity,” a legal doctrine that protects it from being sued. However, this immunity is not absolute. California law waives this immunity for motor vehicle accidents, meaning you can sue a police department if you can prove its employee (the officer) was negligent.

But there is a catch. Police officers are given special privileges when responding to an emergency. Under California Vehicle Code 21055, an officer is exempt from many traffic laws (like speed limits or stopping at red lights) if they are responding to an emergency call and are using their siren and flashing lights.

To win your case, your attorney must prove one of two things:

1. The Officer Was Not Responding to an Emergency: If the officer was on a routine patrol, returning to the station, or otherwise not in an emergency situation, they must follow the same traffic laws as any other driver. In this scenario, running a red light or speeding would be clear negligence.
2. The Officer Acted with “Reckless Disregard” for Public Safety: Even in an emergency, an officer cannot drive recklessly. For example, if an officer speeds through a crowded school zone without a siren or plows through a blind intersection without slowing down, their actions could be considered a reckless disregard for the safety of others.

An experienced personal injury attorney will investigate the circumstances of the crash to determine the officer’s status. This may involve obtaining dispatch logs, radio communications, and GPS data from the police vehicle to verify whether a legitimate emergency was in progress.

Calculating the Value of Your Claim

If you can prove the officer was negligent, you are entitled to compensation for all your losses, just as in a standard car accident case. These damages are calculated in two categories:

• Economic Damages: These are your tangible financial losses, including all past and future medical bills, lost wages from missed work, and any loss of future earning capacity if you are left with a permanent disability.
• Non-Economic Damages: These compensate you for the intangible, human cost of the accident. This includes your physical pain and suffering, emotional distress, anxiety, post-traumatic stress, and the loss of enjoyment of life.

An attorney will meticulously document all these damages to build a comprehensive claim that reflects the true impact the accident has had on your life.

Why You Need an Experienced Attorney

Taking on a police department and its team of government lawyers is not something you should ever do alone. The legal system is intentionally complex, and the special rules for government claims create numerous traps for the inexperienced.

The right personal injury lawyer can make all the difference. At Walch Law, we know how to navigate the challenges of suing a government entity. We will:

• Meet All Deadlines: Immediately file the necessary government tort claim to preserve your right to sue.
• Conduct a Thorough Investigation: Gather all evidence, including police reports, dispatch logs, witness statements, and expert analysis, to prove the officer’s negligence.
• Handle All Communications: Manage all interactions with government attorneys and insurance adjusters, protecting you from their tactics.
• Fight for Maximum Compensation: Build a powerful case to ensure you receive full and fair compensation for all your economic and non-economic damages.

Contact Walch Law for a Free Consultation

Being injured by a police officer can leave you feeling overwhelmed and without options. You are not alone, and you have rights. The most important decision you can make is to seek legal help immediately to ensure you do not miss the critical six-month deadline.

If you or a loved one has been hit by a police car, contact the team at Walch Law today. We offer a free, no-obligation consultation to discuss your case, explain your legal options, and show you how we can fight to hold the responsible agency accountable. Let us help you get the justice and recovery you deserve. CALL NOW