It can be hard enough determining what to do after any car accident in California, but when a police car is involved, it can be even more difficult. Keep reading to determine what your rights are and what you can do in this condition. If you require the help of a personal injury attorney, contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
Do Not Admit Fault
One of the most important things to know is that you should never admit fault after an accident – even if it involves a police officer who is telling you that you are at fault. It is not up to them to make this determination if they were involved in the accident. Do not respond to any tactics that could be used to intimidate you into admitting fault.
Much of the Case Hinges on What the Police Officer Was Doing When the Accident Occurred
In the average car accident, fault is determined based on which driver was negligent. Running a red light would be considered negligent for a typical driver, but can it be true for a police officer that runs a red light and strikes another vehicle?
It depends largely on what the officer was doing and how they were driving. If the officer was involved in a police chase and had its lights on, then they likely are not negligent. If they did not have their lights on and/or were not in a chase, then they could be held accountable.
Requirements Under the “Emergency Vehicle Exemption”
In California, there is a Vehicle Code that holds that emergency vehicles such as police vehicles and ambulances can be exempt from traffic laws if they are driving in response to an emergency call and they are using their lights and sirens.
For a police officer to claim this exemption, they must be able to show that they were operating an authorized emergency vehicle (such as a police car), that they were responding to an emergency situation, and that the officer sounded their siren as reasonable and had their front red warning lights on.
Note that this requires that the police officer is actively handling an emergency. If they are driving back from a call or handling a non-emergency issue, they cannot use this exemption.
Call a Personal Injury Attorney for a Free Legal Consultation
If you have been injured in a car accident with a police car, we welcome you to contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation with a personal injury attorney. We can go over all the basics of your case to determine if you have a case.
