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Car Accidents With Police Cars in California

According to 2021 data from the California Public Policy Institute, there are over 77,600 police officers throughout the state working for law enforcement agencies. Every day, these officers are charged with enforcing the law and protecting the public in the event of an emergency. Part of this involves patrolling their area and responding to calls in various vehicles, but most often in police cars.

Car accidents can be quite serious, and when an emergency vehicle like a police car is involved, things can get even more complicated. However, if you’re a victim of such an incident in California, you do have legal rights.

Police Car Accident Victims in California Can Trust Maison Law

In California, we all expect police officers to prioritize our safety while on the road. Still, their urgent duties can sometimes lead to different priorities. At Maison Law, we truly understand the difficulties that come with car accidents, especially those involving police cars. Our team consists of experienced and dedicated emergency vehicle accident lawyers in California, and we’re here to help.

We can explain your legal rights, explore available legal solutions, and provide the assistance you need. Contact us today to schedule a free consultation and learn more about how we can help you.

How Are Police Cars Different From Normal Cars in California?

While there are a number of different police vehicles on the road in California, the vast majority of them are distinctively marked and painted. But there are other major differences between these vehicles and normal passenger vehicles:

  • Emergency lights – Police cars are equipped with a variety of emergency lights, including flashing red and blue lights on the roof and sometimes additional lights on the grill or rear deck. These lights are used to signal emergencies, enforce traffic laws, and alert other drivers to the presence of law enforcement.
  • Sirens and speakers – Police cars are equipped with sirens and public address systems. These tools allow officers to make loud audible warnings and announcements to the public when necessary, such as during pursuits or emergencies.
  • Radio communications – Police cars have advanced radio communication systems that enable officers to stay in contact with dispatch and other law enforcement agencies. They use these radios to coordinate responses to incidents and request assistance when needed.
  • Emergency equipment – Police vehicles are equipped with a range of emergency equipment, including first-aid kits, fire extinguishers, and sometimes even defibrillators. This equipment allows officers to provide immediate assistance in emergency situations.
  • Modified engines and suspension – Police cars often have modified engines and suspension systems to provide enhanced performance and durability. This is important for pursuits and rapid response to emergencies.
  • Cages or partitions – Inside the vehicle, police cars typically have a cage or partition that separates the front seats from the back. This is for the safety of officers and to secure individuals who are under arrest.
  • Computers and technology – Police cars are equipped with computers and technology systems that enable officers to access databases, run license plate checks, and complete electronic reports while in the field.
  • Emergency equipment storage – Police cars have designated storage areas for items like flares, cones, and traffic control devices, which are used to secure accident scenes and manage traffic.

In terms of the law, police cars are obviously exempt from certain traffic laws when they’re responding to a call and have their lights on. However, there are a number of scenarios where a police car is on the road and not responding to a call. The question, then, is what happens when there’s an accident.

What Happens When There’s an Accident With a Police Car in California?

Certainly, when a police car is rushing to an emergency with sirens blaring and driving at high speed, they have certain legal protections in the event of a collision or accident. However, it’s important to note that there are situations when a police car is not responding to an emergency call, and in those cases, the police car and its driver are subject to the same rules and responsibilities as any other private citizen in the event of an accident. Thus, if you’re in an accident with a police car that isn’t responding to a call, you should:

  • Check for injuries and get to safety – The first priority in any accident is to check for injuries and provide assistance if needed. This applies to both you and the police officers in the police car. If possible, you’ll also want to move your car safely off the road.
  • Alert authorities – Regardless of who is at fault or the severity of the accident, it’s important to call 911 to report the accident and request emergency medical assistance if necessary. The police officers involved will likely help you in this regard. The dispatcher will also send other police officers to the scene.
  • Exchange information – Just like in any other accident, all parties involved should exchange relevant information, including names, contact information, driver’s license numbers, and insurance information.
  • Document the scene – If it’s safe to do so, take pictures and videos of the accident scene, including damage to vehicles, the position of vehicles, road conditions, and any traffic signs or signals.
  • Get an accident report – In most cases, a police officer from a different agency (not the one involved in the accident) will come to the scene to investigate and file a police report. This report will document the details of the accident, including any citations issued and statements from witnesses.
  • Get medical attention – Even if injuries seem minor at first, it’s essential to seek medical attention promptly. In some cases, injuries may not become apparent until later, and having a medical record can be crucial for insurance claims and legal actions.
  • Internal investigation -The police department involved may conduct an internal investigation into the accident, especially if it resulted from a pursuit or some specific law enforcement activity. This investigation aims to determine if the officer followed proper procedures and acted within the law.

Again, the circumstances of the accident are very important in terms of liability. Generally, if the police car was responding to a call, you may have to work with your own insurance company to cover your injuries and damages. However, if the police car wasn’t on a call, you can pursue a claim against the police department and driver.

How Do You File a Claim Against a California Police Department After a Car Accident?

Filing a claim for damages against a police department requires a different procedure than a normal insurance claim or lawsuit does.

For one, a police department acts as a government entity, and requires two things prior to bringing a claim:

  • Damages exceeding $10,000.
  • Formal submission of a Notice of Claim within six months of the accident.

Once these conditions are met, the department, whether it’s the city, county, or state, must respond within 45 days. During this period, the department typically follows these steps:

  • Conducts an investigation of the accident.
  • Determines their degree of fault.
  • Either accepts the claim and provides compensation based on your damages or denies the claim outright.

In the majority of cases, government entities tend to deny claims, making you file a personal injury lawsuit to seek damages. They often leverage their substantial resources to contest your legal action.

However, depending on the specifics of your claim and the extent of your injuries, your damages could be substantial. Common damages in a California car accident include:

  • Expenses for medical treatment and care.
  • Loss of income, including future lost wages and benefits.
  • Diminished future earning capacity.
  • Physical pain and suffering due to injuries.
  • Impairments, disfigurement, and disabilities.
  • Loss of companionship and decreased quality of life.

Again, the key to recovering damages in these types of accidents is establishing just how liable the driver of the police car was, whether or not they were negligent in their actions, and the extent of your injuries and other damages.

Free Consultations For Car Accident Victims in California

If you find yourself in a car accident with a police car or other emergency vehicle, it can potentially have a lasting impact on your life. In such unfortunate circumstances, the seasoned and adept California emergency vehicle accident lawyers at Maison Law are here to help.

With extensive experience handling claims related to these incidents, our team is well-prepared to confront the responsible police department or government entity that failed to keep you safe. Don’t wait–contact us today for a free consultation to get started.