Just Because The Other Driver Was Cited Does Not Always Mean The Citation Is Admissible In Your Personal Injury Case
That seems crazy, right? The police investigate, determine someone is at fault, and give them a ticket. Why shouldnt you be able to tell the jury about the citation? The answer actually makes a little bit of sense. If the driver pleads guilty to the citation, then he has admitted fault for the crash, and you can use the citation in court . If, however, the driver pleads not guilty or nolo contendere to the citation, then you cannot use it at the personal injury trial. The logic behind this rule is that the person who has not pled guilty has not admitted fault for the crashhe has only been accused of being at fault.
Now, where the rule does seem nonsensical is when someone pleads not guilty to a traffic citation, has a trial , and a jury finds him guilty. Surely then you can tell the jury in the personal injury case about the citation, right? Wrong. Even if a jury in the criminal case finds guilt beyond a reasonable doubt, Georgia law does not generally allow evidence of the citation to come in during the civil case unless the at-fault driver pled guilty .
What Typically Prompts A Police Chase
A police chase often originates by a motorist violating a traffic law that a police officer witnesses and sets out to stop the motorist and issue a citation. One police captain who sits on the board of one of the family support groups said that this can make police officers angry, and when the driver refuses to pull over, the police officers may take it personally and resolve that they are going to catch the perpetrator no matter what. The Washington Post reported that 91% of police vehicle chases that result in a fatality are in response to non-violent crimes.
How Is Fault Determined
In most car accidents, the fault is determined by negligence, which generally means breaking the law. However, California exempts emergency vehicles from typical traffic laws in certain situations.
According to Vehicle Code 21055, police and emergency vehicles can be exempt from traffic laws if they respond to an emergency while reasonably using their vehicle’s sirens and lights.
If they were not responding to an emergency, they are held to the same standard as any other driver. This includes instances where a police officer or emergency responder negligently uses sirens to run red lights or bypass traffic.
Even if they caused an accident while responding to an emergency, they might still be liable for injuries and damages if they are at fault for the accident.
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Dont Ignore The Seriousness Of A Car Crash
Even if you have no visible injuries or think you escaped with only minor cuts and scrapes, still visit a doctor as soon as possible. Due to shock, you may not realize that you have suffered a serious back, neck, head, organ or other injury. Tell your doctor what happened and make sure you are thoroughly examined. Follow your doctors recommended treatment plan.
What Are The 5 Things You Must Do When You Get In A Accident
5 things to do after you get in a car accident
- Stay calm. Take deep breaths.
- Check for injuries. If you are unable to move or if youre in pain, call 911 for an ambulance.
- Assess the situation and take yourself out of any danger.
- Document the accident.
- File a claim with the insurance companies.
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What Is General Immunity
Under the state laws of Pennsylvania, government agencies are generally immune from any liability when their negligence causes an injury. This is especially true if the police officer was in a pursuit. Under Title 75 P.S. Section 6342, police officers are protected by the Pennsylvania Sovereign Immunity Act if they hit a car while chasing a fleeing vehicle.
However, police officers are not covered under this immunity if they are responding to a call without their sirens and lights on, or patrolling while on duty.
Pennsylvanias Sovereign Immunity Act is waived if the death or injury results from negligent operation by a state police officer. Injured parties and their families can bring a claim against the Commonwealth if they can prove negligence and the resulting injuries are permanent. An injury is considered permanent when it results in loss of life, limb, or regular function. Even a perpetual limp is regarded as a permanent injury.
The Political Subdivision Tort Claims Act allows civilians and their family members injured or killed by a municipal police vehicle to file a claim against the city, town, or other jurisdiction.
Does Your Insurance Go Up If Someone Hits You
Naturally, most injured victims that contact our firm want to know about the financial consequences of the collision. A common question that potential clients ask us when they call is whether their car insurance rates will increase as a result of the collision even if they werent at fault. The answer: no.
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Injured In A Hit And Run Car Accident Get Free Expert Legal Advice Now
According to Illinois law 625 ILCS 5/11-401, failing to stop after an accident that causes personal injury or death is a Class 4 Felony. Offenders can face a prison sentence up to 15 years and fines up to $20,000.
The law is clear, this type of destructive behavior or action is not acceptable, and we support our clients fully to recover from damages and get the compensation required for that.
I got hit by a car and they drove off How Shuman Legal can help:
Pursuing a driver that caused damage and ran often involves addressing an uninsured driver, which means a high probability that we will need to file a lawsuit.
Insurance companies, both the other drivers and yours, may be unwilling to pay out on claims where there is coverage, and your damages made need to be covered by a means other than insurance if the driver did not have coverage in place at the time of the accident.
Chances are everyone has heard of the challenges when in battle with insurance providers to get full compensation. You can remove a mountain of stress and confusion, plus increase your shot at fair compensation simply by working with an experienced attorney when making your claim. Unlike insurance companies, your best interests are your attorneys primary focus. The team of experienced attorneys at Shuman Legal will ensure that you get the maximum compensation possible.
Need Help In The Car Accident Claim
Sometimes, the police officer seems to be at fault straightforwardly. Still, you should seriously consider hiring a personal injury lawyer to represent you at the court. That is because filing a claim against the police department or a police officer involves many complexities. Someone with no experience in dealing with such claims may miss key requirements and deadlines.
On the other hand, an experienced lawyer will make sure that your claim is properly pursued and will fight back to hold the officer negligible. If you have more queries or want assistance during the legal proceedings then call the long beach car accident lawyer. They have extensive knowledge and experience in dealing with such complicated cases.
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Information provided by this website is not intended to be legal advice specific to those reading it. All cases are unique and application of the law is determined only a by a ruling on how the law applies to the facts of that case. The use of this website does not form an Attorney-Client nor a privileged relationship between the law firm and the site user.
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Are Car Accidents Painful
No matter how minor the accident, how safe the car and how tightly the seat belt was fastened, youre likely going to experience physical aches and pains following a collision. In many cases, car crashes lead to serious injuries that cause significant pain, debility and months of healing time to make a full recovery.
How Long After An Accident Do You Have To File A Police Report In South Carolina
After a car crash in South Carolina, most people go through a period of great physical pain and emotional turmoil. They may face doctors visits, vehicle damage appraisals and issues involving towing and storage bills. They may also face lost time from work. These issues can build until they become overwhelming. One item that victims may overlook during this difficult period is whether they need to file a police report or any other report. Heres what you should know:
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Dont Discuss Your Case With Non
While you may discuss what happened with family, you should be cautious about talking with others about your accident. Conversations with friends or with the general public are not protected by confidentiality privileges. In particular, never discuss your crash on social media sites such as Facebook and Twitter.
Gross Negligence: What Does That Mean
Gross negligence has no specific definition, but essentially that there is no room for interpretation. Generally, gross negligence is used for an extreme case of carelessness such as driving under influence. In the case of a police officer, gross negligence means a police officer was driving at a dangerous speed and neither was trying to get to the crime scene or involved in the crime scene.
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Who Can I Sue If Im Hit My By A Police Car
Indiana uses the fault system for auto insurance in normal cases, but police cars are often covered by government entities. If you get hit by a police car, there is unfortunately not an automatic hit by police car insurance that covers damages.
It is the Indiana government that insures police cars. Making an insurance claim or filing a lawsuit against any government entity, which includes police officers, can be difficult. Under the Indiana Tort Claims Act, police officers can be protected from lawsuits. However, if it is found that the officer was acting outside the scope of their job duties, they may be found liable for their actions.
What To Do If Someone Hits Your Parked Car And Doesnt Leave A Note
If someone hits your parked car and doesnt leave a note, you should call the police. The person may be charged with hit and run, and the police can document the accident for your insurance. You should tell your insurer about the damage right away and bring a claim for payment. Take photos of the damage before making repairs and take notes of what you observed of the circumstances surrounding the damage to your vehicle.
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A Police Car Hit Me What Should I Do
The one similarity between all auto accidents, regardless if the police car causes the accident, are actions to take immediately after an accident. Following an accident:
- Stay Calm and Get to Safety
- Check for Injuries
- Inform Your Insurance Company
Since the crash involves a police officer, feeling intimidated is normal. Remember, neither the police officer involved nor the officer who fills out the police report decides who is at-fault. The court decides who is at fault based on evidence presented.
What Happens If A Police Vehicle Hits You
Police officers are regularly involved in intense and demanding physical and mental activities. Though they are trained for most of what the encounter, they are however not immune to mistakes. Policing jobs expose officers to a lot of unplanned scenarios that could come with devastating consequences for others. As a road user, you may sustain serious injuries as a result of an accident caused by police vehicles. This means you may eventually need the services ofpersonal injury attorneys Bronx.
Usually, when youre injured by someone else, the first idea on your mind is to call the police. But who do you call if you were hit by the police? Can you sue a police officer for hitting you while driving?
As much as the law, especially civil law, is quite benevolent to police officers, it doesnt mean they can get away with anything. In New York, if a police officer loses control of his car and hits you or your car, you are not entirely powerless. You can hold the New York police department liable for damages to your car or personal injuries you may sustain. Legally, you should be able to get a befitting compensation for damages and personal injuries, but that may all depend on whos taking your case.
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When Should You Report A Car Accident
Its always a good idea to call the police immediately after a car accident so that theres a professional on the scene to facilitate the exchange of information and make an official report of the incident with both parties on the record, if possible. Even if you dont think youve been injured, and even if it looks as if theres no damage to your car, you never know what after effects will surface later on.
When You Should Call The Police After A Car Accident
If you have any doubt about whether you should call the police after a car crash, it’s better to err on the side of caution and file a police report. Most states require drivers to call the police in certain situations, including:
- when anyone is injured, or
- property damage exceeds the state’s threshold.
You should call the police when you think the other driver is at fault for the accident or might have committed a traffic violation.
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Do Cooperate With Your Insurance Company
Although you are not required by law to report your accident to your auto insurance provider, your policy likely requires it. The best practice is to report the accident to your insurer as soon as possible. Your insurer may ask you to provide a statement. Be careful. Do not admit or assign fault. Do not characterize your injuries. Stick to the facts. Even your own insurance company may try to portray your accident and injuries as less serious than they are in order to support paying a smaller settlement of a claim you file.
Do I Need To Pay For The Damages In An Accident Involving The Police
If youve been injured in an accident caused by the police, holding the police accountable to compensate you for your injuries and losses may be a complex, time-consuming task. If you have collision or comprehensive coverage under your insurance, that can pay to repair the damage to your vehicle.
If you are found to be at fault for the accident, you may be held responsible to pay for damages arising from the accident. The police department may be content to simply issue you a traffic citation for causing the accident. However, if the police department is insured, the insurer may decide to file a claim against your car insurance company for reimbursement for benefits the police departments insurer paid out, such as repair costs for the police cruiser.
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When Do You Have To Report A Car Accident To Police In Rock Hill
Under South Carolina law, you must immediately report to law enforcement any accident that results in injury or death to a person. If the accident occurs within a municipality, then you must report it to a local police department. If it occurs outside of a municipality, then you must report it to the country sheriff or the nearest S.C. Highway Patrol office.
For instance, if your crash occurred in Rock Hill, you would report it to the Rock Hill Police Department. If it occurred just outside of the city limits, you could report it to the York County Sheriffs Office or S.C. Highway Patrol, Troop Four, Post B, which would be the nearest highway patrol office.
Just Because No One Was Cited Does Not Mean No One Was At Fault
One thing to keep in mind is that the police are not required to issue anyone a citation in a crash. However, simply because the investigating officer did not give anyone a ticket it does necessarily mean he or she did not believe anyone was at fault. There are many reasons why an officer may decline to issue a citation. He or she may not feel there is strong enough evidence to cite anyone or may be too busy, may not want to deal with the additional paperwork or the time required to later appear in traffic court. Or, the officer may just feel bad for the at-fault party and feel like giving them a break.
Fortunately, issuing a citation is not the only place in the crash report where an officer assigns fault for a crash. Even in cases where no one is given a ticket, the officer is supposed to assign codes for Contributing Factors. In one recent car crash we handled, the officer failed to cite the other driver, even though it was clear that she caused the crash. we were able to show the insurance company that the officer did in fact feel the other driver was responsible, and that our client was not responsible in any way:
We matched the report to the Georgia crash codes, which revealed that police blamed the crash on the other driver for improper passing and no contributing factors for our client:
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