What Happens if You Are Involved in an Auto Accident With Police?

Being hit by a public servant can significantly complicate a personal injury case, affecting everything from liability determinations to damage calculations. This FAQ guide explores how accidents involving government employees impact legal proceedings, settlement negotiations, and court decisions, including the unique challenges injury victims face when attempting to recover compensation from a government entity.

Who Is Considered a Public Servant in Traffic Accident Cases?

Understanding who qualifies as a public servant is one of the first steps to obtaining compensation after this type of accident. Getting hit by a public servant will change how injury victims seek compensation, so it’s important to define whether the driver counts as a public servant before filing a personal injury lawsuit. Generally, a public servant in traffic accident cases refers to any government employee operating a vehicle as part of their official duties. This broad category includes:

Law enforcement officers, like police, sheriff deputies, and state troopers
Firefighters and emergency medical technicians
Municipal workers, including sanitation workers and road maintenance crews
Public transportation operators, like bus drivers and train conductors
Postal workers
School bus drivers for public schools
Government agency employees on official business
Elected officials traveling for government purposes

The most important thing is that these individuals must be acting within the scope of their employment at the time of the accident. For example, a police officer responding to an emergency call would be considered a public servant. However, if they’re driving their personal vehicle off-duty, then they would be treated as a private citizen. It’s also worth noting that the classification of public servants can vary depending on local and state laws. Some jurisdictions may have specific definitions or categories of public employees that are relevant in traffic accident cases.

How Does Government Insurance Cover Accidents Involving Public Servants?

Government insurance typically comes into play any time a public servant is involved in an accident. This insurance is different from standard personal auto insurance and often has its own regulations. Most government entities are self-insured, meaning they set aside funds to cover potential liabilities, including traffic accidents. Some larger entities may have their own insurance departments, while smaller ones might purchase insurance policies from private companies. Regardless of the specific arrangement, these insurance mechanisms are designed to protect both the public servant and the government entity from financial liability in case of accidents.

Government insurance coverage can vary depending on the jurisdiction and the specific circumstances of the accident. Generally, it includes property damage and personal injury liability. However, there are often limits to this coverage, known as damage caps, which can restrict the amount of compensation available to injured parties. These caps are set by state or local laws and can significantly impact the potential recovery in a claim against a public servant.

What Should Someone Do Immediately After Being Hit by a Public Servant?

Being involved in an auto accident with police or another public servant can be overwhelming. However, it’s important to remain calm and know what to do, as the steps taken immediately after the incident can impact any potential legal claim and the ability to receive compensation. Anyone injured by a government employee or public servant should:

Move to safety: Move to a safe location as soon as possible. Accident victims should prioritize their immediate safety and that of others. If conditions allow, moving vehicles out of traffic can prevent further accidents or injuries.
Call emergency services: Report the accident and request medical attention. Contacting 911 to report the accident and request police and medical assistance will maximize safety and initiate the reporting process. Even if nobody appears to be hurt, professional documentation at the scene will help during the claims process.
Document the scene: Take photos and gather information. Using a smartphone or camera, injured parties should capture images of the accident scene, including vehicle damage, road conditions, and visible injuries. It’s also important to collect witness contact information, noting the time, date, and location.
Identify the public servant: Accident victims should request the public servant’s identification, including name, badge or employee number, and government department.
Avoid admitting fault: Those involved should refrain from making statements that could be interpreted as admitting fault. It’s important to stick to factual information when speaking with the public servant or police officers.
Seek medical attention: Get a thorough medical examination after the accident, even if injuries seem minor. Some injuries may not be immediately apparent, and timely medical care creates a record for future claims.
Report the accident: Those looking to obtain compensation must contact the government agency employing the public servant. Many agencies have specific accident reporting procedures.
Preserve evidence: Injured parties should keep all accident-related documents, including medical records, police reports, and correspondence with government agencies or insurance companies.
Consult an attorney: Contacting a personal injury attorney experienced in cases involving government entities is always a good idea. Legal counsel can guide victims through the complex process of filing a claim against a public servant and help protect their rights.

Is It Possible To Sue a Public Servant for an Accident?

Yes, it is possible to sue a public servant for an accident, but the process is often more complex than suing a private individual. Sovereign immunity may limit or prevent lawsuits against government entities and employees, and many jurisdictions require filing a notice of claim before initiating a lawsuit. Strict deadlines apply for filing claims against government entities, and damage caps often limit the amount of compensation available. Many jurisdictions require a formal notice of claim to be filed within a short period after the accident, sometimes as little as 30 to 180 days.

These types of personal injury lawsuits typically target the government entity rather than the individual employee, since personal liability for public servants is rare unless they acted outside their official duties. Proving negligence may be more challenging due to special protections for certain public servants, particularly emergency vehicle operators responding to calls. Federal, state, and local laws can vary significantly in how they handle such lawsuits, and specific procedures and rules apply to suits against government entities.

What Is Sovereign Immunity and How Might It Affect a Personal Injury Claim?

Sovereign immunity is a legal doctrine that protects government entities and their employees from being sued without their consent. Rooted in the ancient principle that “the king can do no wrong,” it has evolved in modern times to balance the need for government accountability with the protection of public resources and the ability of government to function without constant legal challenges.

This doctrine can limit how an injury victim seeks compensation from a public servant or government entity. It may limit the types of claims that can be brought against the government, restrict the amount of compensation available, or impose additional procedural hurdles that must be overcome before a lawsuit can proceed.

In Texas, the Texas Tort Claims Act provides a limited waiver of sovereign immunity for injuries caused by:

Use of publicly owned automobiles
Condition or use of tangible personal or real property
Premise defects

It also sets strict limits on damages, a six-month notice requirement, and waiver exceptions for discretionary acts, tax collection, and certain other governmental functions.

In Louisiana, Article XII of the Louisiana Constitution waives sovereign immunity in contract and tort cases. The Louisiana Governmental Claims Act governs claims against the state and its political subdivisions. It states that claims against the state must be tried before a judge, not a jury, and are capped at $500,000 for general damages. Certain discretionary acts of government employees are still protected from liability. Unlike Texas, Louisiana does not require a formal notice before filing a lawsuit.

What Types of Compensation Can Someone Seek After Being Hit by a Public Servant?

Injury victims may be eligible to seek various types of compensation after being hit by a public servant. However, the process and limitations can differ when dealing with government entities. The types of compensation generally fall into three categories:

Economic damages: These are quantifiable financial losses resulting from the accident. Economic damages typically come with receipts, bills, or other ways to easily quantify the monetary value of the loss. They include damages like medical expenses, lost wages and loss of earning capacity, property damage, rehabilitation costs, and other out-of-pocket expenses related to the injury.
Non-economic damages: These compensate for intangible losses. Due to their subjective nature, non-economic damages are harder to prove in court or negotiate in a settlement. They include damages like pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, disfigurement, or permanent disability.
Punitive damages: These are rarely awarded in cases involving public servants but may be possible in instances of extreme misconduct. Unlike economic and non-economic damages, which aim to make the injury victim whole, punitive damages are meant to punish the wrongdoer and deter similar behavior.

How Does the Claims Process Differ for Government Vehicles Versus Private Vehicles?

Pursuing compensation from a government employee works a little differently from pursuing compensation from a private individual. Some things to consider when pursuing compensation from a government employee or agency include:

Time limitations: Claims against government entities often have much shorter filing deadlines, typically 30 to 180 days, compared to years for private vehicle claims.
Administrative process: A formal notice of claim must usually be filed with the specific government agency before any lawsuit can be initiated, which is not generally required when filing a personal injury lawsuit against a private individual or entity.
Damage caps: Many jurisdictions impose stricter limits on the total compensation available when suing government entities, particularly for non-economic damages.
Burden of proof: Some jurisdictions require proving gross negligence rather than simple negligence, especially for accidents involving emergency vehicles on official duty.
Insurance differences: Government entities are typically self-insured or use specialized government insurance pools, unlike private vehicles covered by commercial insurance companies.
Immunities and protections: Additional legal protections may exist for government employees acting within their official duties, making it more challenging to hold individuals personally liable.
Jurisdiction-specific procedures: Each state or locality may have unique rules and procedures for claims against government employees.

Are There Differences in Liability for Police, Firefighters, and Other Government Employees?

There are generally varying levels of liability for different types of government employees, with emergency responders like police and firefighters often enjoying greater protection due to the nature of their work.

In Texas, the Texas Tort Claims Act governs liability for government employees and offers additional protections for emergency responders. Section 101.055 provides that the waiver of governmental immunity does not apply to claims arising from an employee’s action while responding to an emergency call or reacting to an emergency situation if the action is in compliance with the laws and ordinances applicable to emergency action.

Louisiana has similar protections for emergency responders. The Louisiana Governmental Claims Act provides the framework for claims against government entities and employees. Specifically, La. R.S. 37:1735 offers immunity to firefighters and police officers for civil damages resulting from acts or omissions in the performance of their duties, except in cases of willful or wanton misconduct.

Both states recognize versions of the “public duty doctrine” for police officers. This doctrine holds that police officers owe a duty to the public at large rather than to specific individuals, limiting liability unless a special relationship exists. For other government employees, liability often depends on whether they were acting within the scope of their employment. In Texas, the Texas Tort Claims Act provides limited waivers of immunity for government employees acting within their official capacity. Louisiana similarly limits liability for government employees acting within the course and scope of their employment under La. R.S. 13:5108.1.

What Time Limits Apply to Filing a Claim Against a Public Servant?

Time limits for filing claims against public servants are typically much shorter than those for private parties. In Texas, the Texas Tort Claims Act requires a formal notice of claim to be filed within six months of the incident. Louisiana, on the other hand, has one of the shortest time frames in the country. Under Louisiana Revised Statute 13:5108.1, claimants must file a notice of claim within just 30 days of the incident for claims against the state or state employees.

Both states also have separate statutes of limitations for actually filing lawsuits. In Texas, it’s generally two years from the date of the incident, while in Louisiana, it’s one year.

How Do Damage Caps Affect Compensation in Government Vehicle Accidents?

Personal injury lawsuits against public servants are typically limited by strict damage caps, which can limit the amount of money injury victims can recover. These caps are set by state laws and vary widely across jurisdictions. In Texas, the Texas Tort Claims Act limits damages to:

$250,000 per person
$500,000 per occurrence for bodily injury
$100,000 for property damage.

These caps apply regardless of the severity of injuries or actual damages incurred.

Louisiana sets different limits. Under Louisiana Revised Statute 13:5106, damages against the state are capped at $500,000, excluding medical care and related benefits.

What Challenges Might Someone Face When Pursuing a Claim Against a Public Servant?

Pursuing a claim against a public servant presents unique challenges compared to standard personal injury cases. These obstacles can significantly impact the process and outcome of a case:

Sovereign immunity: This legal doctrine protects certain government entities from lawsuits. Although many jurisdictions, including Texas and Louisiana, have waived absolute immunity, it can still limit how injury victims seek compensation from government employees.
Strict time limits: Deadlines for filing claims against government entities are typically much shorter than for private parties. Missing these deadlines can result in the claim being barred entirely.
Complex procedural requirements: Claims often require specific forms, notices, and procedures. Failing to follow these requirements can prevent victims from obtaining compensation.
Damage caps: Many jurisdictions limit the amount of compensation available in government claims. These caps can result in inadequate compensation for severe injuries.
Higher standards of proof: Some cases, especially those involving emergency responders, may require proving gross negligence rather than simple negligence.
Limited discovery: The process of obtaining information from government entities can be more restricted, making it challenging to build a strong case.
Public policy considerations: Courts may be hesitant to rule against government entities due to concerns about public resources and government functions.
Qualified immunity: This doctrine protects government employees from personal liability unless they violate clearly established rights.
Multiple layers of government: Determining which specific entity is liable can be complex, especially when multiple agencies are involved.
Political pressures: High-profile cases against government entities may face additional scrutiny and resistance.

Because of these differences, it is advisable to work with a personal injury lawyer with a proven track record of representing those who were injured by public servants.

Sources

Morris & Dewett provides this information to the public for general education and interest. The firm does not represent clients in every topic discussed in answers to frequent questions. The information is curated and produced based on questions commonly asked or search terms commonly used. Every effort is made to provide accurate information. Do not make any decision solely based on the information provided, please seek relevant counsel for each topic area. Consult an attorney before making any legal decision, consult a doctor before making any medical decision, and consult a financial advisor before making any fiscal decision. Information provided is not legal advice. If you have any legal needs, please do not hesitate to contact us. We are pleased to assist you if we can or provide a referral to another attorney if we cannot.