Getting into a car accident is stressful under any circumstances – but what happens if a cop car hits you? You might wonder whether you can sue the police department and how fault is determined. In North Carolina, accidents involving law enforcement follow a different legal path than typical personal injury claims.
How Is Fault Determined in a Police Crash?
Officers are not automatically exempt from responsibility just because they were on duty. Like all drivers, they must operate their vehicles with reasonable care under the circumstances. For example, emergency vehicles may exceed posted speed limits or disregard certain traffic laws while performing official duties, provided they do so with due regard for safety. However, this doesn’t give law enforcement a free pass to drive recklessly.
Investigators look at evidence surrounding the crash, which may include dash cam footage, traffic signals, witness statements, and whether department protocol was followed. Sometimes multiple parties share responsibility.
Because North Carolina follows a pure contributory negligence rule, even a small percentage of fault on your part could bar you from recovering damages. This makes it especially important to avoid making statements at the scene that could be construed as an admission of fault, even an apology, before speaking with an attorney.
Can You File a Lawsuit Against the Government in NC?
You can file lawsuits against the government, but it’s not as simple as filing a typical personal injury claim. Sovereign immunity generally protects government agencies from being sued unless the state agrees to waive its immunity and allow the claim.
In North Carolina, the State Tort Claims Act creates a limited waiver of immunity for certain civil claims.
You may be able to bring a claim against the law enforcement agency if all of the following are true:
- The officer was acting within the scope of employment.
- The conduct in question meets the legal definition of negligence.
- You file the claim within the required deadlines (three years for injury or property damage and two years for wrongful death).
However, if the officer was acting outside their official duties, immunity may not apply at all.
If you decide to pursue a claim, hire an experienced personal injury attorney as soon as possible. Once you have legal representation, your attorney can collect evidence, consult experts, and review department policies to determine whether the officer’s conduct fell below a reasonable standard of care.
Missing a filing deadline or failing to follow the correct notice procedures can result in your claim being dismissed entirely. An attorney ensures none of those critical steps are overlooked. Your attorney may recommend pursuing a settlement rather than going to trial, especially if liability is clear and the agency has insurance coverage.
If the case goes through litigation, your lawyer will represent you through hearings, discovery, and trial.
Throughout the process, the goal is to recover fair compensation for the following:
- Medical bills
- Lost income
- Pain and suffering
- Vehicle repairs or replacement
- Emotional distress and psychological impact
- Any long-term impairments or disabilities
If you are able to successfully bring a personal injury claim, you can hold the right parties accountable and move forward with your life.
Do You Have to Be Physically Injured to File a Claim?
Not necessarily. A portion of what you can recover in a personal injury claim relates to property damage and emotional harm. Research shows that PTSD and anxiety following car accidents are well-documented and can be just as debilitating as physical injuries.
If a police officer’s negligence caused you to miss work, incur therapy costs, or suffer lasting emotional effects, even without a visible physical injury, you may still have grounds for a claim.
What Steps Should You Take After Being Hit by a Police Car?
The steps you take right after a collision with a police car are critical. Here is what to do:
- Call 911. Even though a police officer is involved, you should still report the accident. A separate reporting officer will independently document the scene.
- Seek medical attention immediately. Do not wait. Delaying treatment can make it harder to link your injuries to the crash later, and some injuries, such as concussions or soft tissue damage, may not be immediately apparent.
- Document everything. Take photographs of both vehicles, the road, any skid marks, traffic signals, weather conditions, and your injuries before anything is moved.
- Do not admit fault. Resist the urge to apologize or speculate about what happened. Under North Carolina’s contributory negligence rule, even a minor concession could eliminate your right to recover damages.
- Contact an attorney as soon as possible. The faster legal representation is involved, the better positioned you are to preserve evidence, meet filing deadlines, and navigate the procedural requirements of a claim against a government entity.
Contact Stewart Law Offices for Experienced Legal Help
Stewart Law Offices has experience handling serious injury claims across North Carolina. We understand how to navigate government immunity issues, build compelling cases, and advocate for our clients’ best interests. Call Stewart Law Offices today for a free consultation and learn more about your legal options.