Hit by a Police Car in New York, NY? Here's What You Need to Know

If you've been hit by a police car, you likely have a claim with the city or municipality that owns the police car. The city or municipality is liable for damages caused by a negligent police car driver under the theory of vicarious liability, for as long as the police car driver was acting within the scope of his employment.

Damages include medical expenses, lost wages, and future lost earning capacity. It may also include property damage, physical pain, loss of enjoyment in life, emotional trauma, and pain and suffering.

Notice of Claim

A police car is generally a car that can only be owned and operated by the government through its law enforcement agencies. There may be fake police cars used for movie and television production or security companies, but they are not authentic police cars that have authority and legal powers as official law enforcement vehicles. If you have been hit by a police car, your claim will be against the police car driver and the city or municipality that owns and operates the police car.

Under the General Municipal Law § 50-e, any claim made against the city or municipality must be initiated by a notice of claim within 90 days from the incident. The notice of claim allows the government agency to investigate the matter and possibly resolve it before it reaches litigation.

For this reason, it is important, once you have been hit by a police car, to contact a personal injury attorney immediately in order to file this notice of claim with the city or municipality. The notice of claim includes details, such as the nature of the claim, date and location of the incident, and other relevant information regarding the case. Failure to file this notice of claim within 90 days can lead to the dismissal of your lawsuit.

Elements of Negligence

If you've been hit by a police car, a personal injury attorney can help you prove that:

• the police car driver owed you a duty of care
• the police car driver breached that duty of care
• the police car driver's actions caused you harm, and
• because of the police car driver’s actions, you’ve suffered a physical, emotional, and/or financial injury

In addition to the regular elements of negligence, your personal injury attorney must also prove that the driver was acting in the scope of his employment in order for the employer to be liable.

Acting Within the Scope of Employment

A police car driver acts within the scope of his employment when he is on official duty doing official tasks for the city or municipality. The crucial question then arises, when is the police car driver acting within the scope of his employment. When you are hit while the police car is trying to park so that the policemen can go into a diner to get a coffee during their break, is this considered acting under official duty, given that they are supposed to be on official duty at that time? How about when a police officer decides to use the police car to visit a friend in the neighborhood during office hours within the policeman’s area of jurisdiction? Because a police car can and may be used by a policeman for his personal errands, determining when the police car driver is acting within the scope of his employment may be contentious. Having a personal injury attorney evaluate your case can be helpful in determining whether you have a strong cause of action against the city or municipality.

Evidence Required if You've Been Hit by a Police Car

Gathering documentary and testimonial evidence is the first step to a successful claim.

To show that the police car driver owed you a duty of care, your personal injury attorney can present the current traffic regulations prevailing for that particular area at that particular time the accident occurred. The traffic regulations show the standard of care required, which must be observed by all drivers.

To show that the police car driver breached that duty of care, your personal injury attorney must show some violation of the standard of care expected among drivers. For example, if the police car driver negligently ran a red light, violently swerved, was in the wrong side of the road, or was speeding, which led to the accident, one can argue that the police car driver breached that duty of care that was expected to be observed among all drivers.

To show that the police car driver's actions caused you harm, your personal injury attorney must establish a causal relation between the breach and the damage. Contentious issues arise when an injury does not immediately appear after an accident. Sometimes, the initial injury is mild but becomes worse after time. This gives the employer the defense that the later injury was not caused by the accident.

Lastly, damages can be proven by medical reports regarding the injuries, photographs of the accident scene, photographs of injuries, medical bills and expenses, and a list of all property damage and repair expenses. If you are claiming for lost wages and future lost earning capacity, you need to show pay stubs, bank statements, and tax returns to show how much you were earning and a medical report from your doctor stating the time you need to stay home for recovery.

Filing a case against a city or municipality can be a complex matter. It also requires immediate attention in filing the notice of claim in order to not lose the right to file a lawsuit. A personal injury attorney can guide you through the process, ensuring you do not lose your cause of action.  Although you have three years to file a negligence claim with the court, cases against cities and municipalities (which are applicable when you have been hit by a police car) require a shorter claim period due to the notice of claim. Most lawyers will accept personal injury cases on contingency, where payment is made as a percentage fee based on the success of the case.

If you've been hit by a police car, we at the Law Offices of Albert Goodwin are here for you. We are located in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].