The police officers in Buffalo and the surrounding areas have a difficult job that requires them to place their lives at risk. We all want the police to be able to respond quickly to emergencies. As a result, while it is possible to file a personal injury lawsuit if you are injured by a police car responding to an emergency call, the ability to sue in these cases in more limited than for car accidents involving civilians.
In a typical car accident injury lawsuit, the plaintiff must show that the other driver was negligent. While an injured party also may sue a police officer responding to a call and the police department, he or she will have to show that the police officer was more than merely negligent. In these cases, it must be shown that the officer was operating the vehicle with “reckless disregard” for the safety of others.
Reckless disregard is a much higher standard, and rightly so. By applying this standard, police officers are protected from liability for many of the accidents caused while in the line of duty. It still leaves open the possibility of successfully suing an officer if his or her driving escalated to the point where innocent people were needlessly placed at risk.
If you have been involved in an automobile accident and have any questions regarding this topic, please feel free to call us at 716-542-5444. We would be happy to help you.
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