Home Car Accident IF THE CAR WAS HIT BY A POLICE OFFICER DURING A CRIMINAL PURSUIT, CAN I FILE AN INJURY CLAIM?

IF THE CAR WAS HIT BY A POLICE OFFICER DURING A CRIMINAL PURSUIT, CAN I FILE AN INJURY CLAIM?

by Howdy

U.S. law enforcing companies involve in 10000 vehicle accident cases each year – a Department of Justice study found that state and local law enforcement did 68,000 pursuits in 2012 alone. These are incredibly vulnerable – between 1996 and 2015, an average of 355 people per year was killed in road accidents.
Unfortunately, 33% of those killed were in a vehicle not engaged in the pursuit of witnesses who were not in a car.

If you lost a loved one in a severe accident, you might be able to seek compensation for your losses. However, registering a claim against a government entity is complicated and needs extensive legal knowledge and experience.

That is why you should strongly hire a legal lawyer with extensive knowledge and years of experience to represent your case in court. They can review your claim and help you represent your case strongly. Hiring a skilled injury lawyer is very important as winning the case against a government employee is quite challenges. They allow you to gather relevant evidence to prove your case and increase the chance of getting maximum compensation.

SOVEREIGN IMMUNITY IN NEW JERSEY

The government entities are covered by sovereign rights. Under sovereign immunity law, taxpayers cannot sue governmental or public entities, including districts and public authorities, or state, county, or municipal entities, when those objects or their employees act within their employment range. If a public employee worked using his or her good faith determination, he or she is likely immune to liability for the effects of those actions. So, its hard to file a case against these immune government employees. However, there are some exclusions to sovereign immunity laws that may provide innocent injured in the police to file a claim.

According to the New Jersey Tort Claims Act (TCA), government objects are responsible for damages an employee causes “within the range of his employment in the same way as a private citizen.” This implies that a person can register a complaint against a government entity if an employee’s act or breach were the real reason for the injury.

When government employees intentionally engage in criminal activity or work beyond the scope of their duty, they may be held responsible.

REGULATIONS ON CRIMINAL PURSUITS

There are government laws that limit law enforcement firms from conducting certain types of criminal pursuits. In 1988, the United States Supreme Court ruled that a city may be held liable for failing to train officers in a particular duty where the request for training is evident, and lack of training is likely to violate any constitutional rights.

The extent of a government entity’s liability for personal injury or asset damage resulting from a high-speed pursuit depends on sovereign immunity laws of the state where the incident happened.

On top of federal guidelines for criminal pursuits, New Jersey also has its law enforcement agencies’ policies.

A police officer only has the rights to follow the suspect’s vehicle when:

The officer fairly considers the violator has committed an offense of the first or second degree
The officer reasonably thinks the suspect poses an immediate threat to the public or other police officers’ safety.

When a police officer establishes the authority to conduct a pursuit, they must:

Recognize the need to promptly arrest the prisoner against the peril to the officer and others exposed due to the pursuit.
Instantly switch on their emergency lights, sirens, and spotlights
Notify senior officer giving as much information as possible

There are various other limitations for police officers in New Jersey, including how many police cars can actively track a suspect vehicle, who can sit with the police officers in the car when a pursuit is initiated, and how unmarked police vehicles may not be part of the pursuit unless they are furnished with emergency lights and sirens.

TALK ABOUT YOUR POTENTIAL CASE

Under the New Jersey Tort Claims Act, you can file a case within a certain time limit. Therefore, it is essential to talk to an authorized attorney right away. Reputated licensed attorneys have a proven track record of recovering compensation for victims. So what are you looking for? Hire a personal injury lawyer & accident attorney to handle the most challenging personal injury trials.