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If you’re involved in an accident with a police car or any other law enforcement vehicle, your right to seek compensation depends on different factors. This does not mean the police is above the law because, like with other government agencies, it is possible to hold a police officer or the police department liable for your injuries. However, given the complexities involved in the process, it is best to seek legal advice at the earliest.
Accidents With Police Vehicles in Numbers
Despite the fact that modern-day police cars come equipped with a range of technologies like integrated vehicle command and control systems, brake assist, dashboard cameras, and GPS tracking, there appears to be no slowing down in the number of accidents that involve police vehicles.
According to data collated by Times Union, there were 2,921 police car accidents in New York with more than $1,000 in damages in 2022. This number stood at 2,201 in 2017 and peaked at 3,137 in 2019. 2020 and 2021 saw fewer accidents, possibly because of the COVID-19 pandemic (2,620 and 2,518, respectively). Unfortunately, the number of deaths resulting from police car accidents in New York increased from six in 2022 to seven in 2023.
The results of a joint investigation published on The Newhouse website show that 237 Syracuse Police officers faced disciplinary action related to police vehicle accidents in the preceding decade. Of these, 69 faced disciplinary action on multiple occasions, for crashes between 2013 and 2022. In addition, there was no disciplinary action in “hundreds of other police crashes” that took place in Syracuse during the same period.
Efforts to address the prevalence of police car accidents appear to be working. For instance, the Syracuse Police Department indicates that police car accidents decreased by 65% from the first five months of 2023 to the first five months of 2024.
Determining Liability in an Accident With a Police Car
If you’re involved in an accident with a police vehicle and the mistake is yours, holding the other party liable might not be an option. In addition, a police offer can be exempt from traffic laws in different scenarios. These can include chasing a criminal suspect or responding to an emergency. However, police officers need to have valid reasons to violate traffic laws, failing which it might be possible to hold them liable for the accidents they cause. This is the case if a police officer is speeding in the absence of any emergency.
The Consolidated Laws of New York, Vehicle & Traffic (VAT) Chapter 71, Title 7, Article 23, Section 1104, lays down clear guidelines surrounding how and when police officers may violate traffic rules when carrying out emergency operations.
- They may drive past flashing/steady red signals and stop signs after slowing down, as required for the safety of others.
- They may exceed prescribed speed limits provided they do not put life or property in danger.
- They can violate traffic rules only if they have audible signals in the form of sirens or other devices.
- Their vehicles should have at least one light visible from 500 feet under normal conditions, and at least one red light.
- They always have to drive with due regard to the safety of others.
So, what happens if a cop hits your car during a chase? Given that the police also have to follow certain guidelines on the road even when they are carrying out emergency operations, if a police officer is at fault in a car accident, you might be able to get compensation for your damages.
Can You File a Lawsuit Against the Police for a Car Accident?
What happens if a cop hits your car depends on the specific details of your case, but if it’s possible to hold the other party liable, filing a lawsuit might be an option. Keep in mind, though, that going to court can be a tedious and time-consuming process, which is why most such cases end in settlements.
A settlement takes place when your automobile accident lawyer and the lawyer representing the opposite party come to an agreement surrounding the compensation you should receive. If negotiations don’t bear fruit, your lawyer can proceed to file a lawsuit.
Statute of Limitations
If you wish to file a lawsuit after an accident with a police vehicle, you have to do so within a given timeframe. According to New York’s statute of limitations, you need to file a claim within 90 days of the accident. In the absence of a resolution within 30 days of filing your claim, or if you’re unhappy with the outcome, you get one year and 90 days to file a lawsuit.
Is Hitting a Police Car a Felony?
If you hit a police car intentionally, the police might file a Class B or Class C felony charge against you as per the NY Penal Law. So, the answer to, “Can you go to jail for hitting a police car?” is yes. A Class C felony involves assault on a police officer, which can come with jail time of up to 15 years. A Class B felony involves aggravated assault on a police offer, with a maximum jail term of 25 years. In some cases, the police may agree to drop or reduce the charges upon the presentation of a suitable defense.
How Much Compensation Can You Get?
Data released by the Office of the New York City Comptroller shows that the New York City Police Department (NYPD) settled 1,693 motor vehicle crash claims in 2023, paying a total of $173.70 million, a 23% increase from 2022. That puts the average at over $100,000. However, the compensation you stand to receive may vary this way or that depending on the extent of your damages and the specifics of your case. Damages may include:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of consortium
- Loss of enjoyment or quality of life
- Lost wages
- Punitive damages (if a police offer’s actions are deemed willful or reckless)
Conclusion
Getting involved in an accident with a police car can be challenging to deal with, especially if you’ve suffered injuries or other damages. However, remember that police officers have to follow specific guidelines when they’re behind the wheel, even if they’re involved in high-speed pursuits. As a result, knowing where you stand from the legal point of view is crucial to determining the best way forward, and given that time can be of the essence, getting in touch with a personal injury lawyer should be your top priority.