The recent incident at the Palm Springs Festival of Lights Parade, where a police motorcycle officer crashed into a crowd, injuring ten people, has brought attention to the issue of injuries caused by law enforcement vehicles. While police officers play a crucial role in maintaining public safety, accidents can and do happen. It’s essential to understand your rights if you find yourself injured by a police vehicle.
The pedestrian accident in Palm Springs occurred during what should have been an enjoyable holiday event. These accidents can also be minor fender benders during heavy traffic, just as with any other vehicle. However, police pursuits are among the most dangerous scenarios an innocent bystander can encounter. Police vehicle collisions with pedestrians and passenger vehicles at high speeds usually cause severe injuries or fatalities for officers, suspects, and innocent bystanders alike.
Understanding Your Rights
Attorney J.J. Dominguez of The Dominguez Firm explains your rights. “If you’re injured by a police vehicle, you generally have the right to seek compensation for your injuries, regardless of whether you were a pedestrian, driver, or even a passenger in the police car itself. This applies to accidents during routine patrols and incidents occurring during parades, pursuits, or other police activities. If you were seriously injured or lost a loved one in an accident with a police vehicle, contact a personal injury attorney immediately.”
There are also some important exceptions and considerations to keep in mind.
Exceptions and Special Circumstances
- Emergency Response: Police officers are often exempt from liability when responding to emergencies or pursuing suspects. For example, California Vehicle Code 21055 states that officers are exempt from standard traffic rules when properly responding to emergency calls, using lights and sirens as necessary.
- Duty of Care: Even during emergencies, officers must still exercise “due regard for the safety of all persons using the highway.” They can be liable if they act recklessly or arbitrarily while using their emergency privileges.
- Criminal Activity: If someone was engaged in criminal activity at the time of the incident, it doesn’t necessarily bar them from suing, but it will likely affect the outcome of their personal injury claim. The court will consider specific circumstances.
State-Specific Considerations
California
In California, where the Palm Springs incident occurred, you must report any accident involving injury, death, or property damage exceeding $1,000 within 10 days. The state allows victims to file claims against government entities, including police departments, for negligence or misconduct. However, you must file a notice of claim within six months of the incident.
Texas
Texas law requires immediate reporting of accidents involving death or injury, while those with property damage over $1,000 must be reported within 10 days. The state has sovereign immunity laws. Nonetheless, they do allow claims against government entities under certain circumstances.
Florida
Florida’s statute of limitations for personal injury claims is generally four years. However, when filing against a government entity, you must submit a notice of claim within three years of the incident.
New York
New York requires accidents involving death, injury, or property damage over $1,000 to be reported within 10 days. The state has a 90-day notice requirement for claims against municipalities, including police departments.
Steps to Take if Injured
- Seek immediate medical attention.
- Document the incident (photos, witness statements) if you can.
- Report the accident to authorities.
- Consult with a personal injury attorney experienced in claims against government entities.
Act quickly, as each state has specific deadlines for reporting accidents and filing claims against government entities. Consulting with a knowledgeable personal injury attorney can help ensure that your rights are protected and that you receive fair compensation for your injuries if you have a valid claim.
Remember, law enforcement agencies have a duty to protect and serve the public. When accidents occur due to negligence or misconduct, holding them accountable not only serves justice for the injured parties but also promotes improved safety practices going forward.
