What Should You Do if You Are Hurt In a Police-Involved Car Accident?
Maryland Police Car Accidents
Car accidents happen all over Maryland, everyday. Some of these accidents involve police officers, on duty or off duty, who are only human. As drivers, they too can make mistakes, and even sometimes act recklessly. Police-involved car accidents can range from moderate to severe, but because of the very, very unique laws surrounding police car accidents, if you don't take the right steps right away, you may not have a claim at all!
If you or a family member have been injured in a car accident with a police officer anywhere in Maryland, you need to contact an attorney right away. Accidents involving police vehicles are governed by very strict rules, depending on what law enforcement agency caused the accident. Police car crashes are generally governed by the Maryland Tort Claims Act, or alternately, the Local Government Tort Claims Act.
Call Blaszkow Legal right away for guidance, so you can make sure that you and your family get the compensation that you deserve! Call 703-879-5910 for a free consultation.
The Law in Maryland for Police Car Crashes
The various "tort claims acts" are laws that specifically govern how a claim may be asserted against, in this case, a police or other law enforcement officer who has caused an injury or other damages to a claimant. The law is unique, because it imposes notice deadlines. These deadlines are different depending whether the involved police vehicle is a state agency, or a local agency.
Different agencies are governed by different laws:
Local Government Tort Claims Act
Prince George's County Police
Anne Arundel County Police
Forest Heights Police
Hyattsville Police
State Government Tort Claims Act
Maryland State Police
Maryland Transportation Authority Police
Maryland Capitol Police
Maryland Department of Corrections
Any Sheriff or Deputy Sheriff (1)
In any case involving a government police vehicle, at any level, you have to submit proper "notice" of the claim. For any police-vehicle accident, official notice must be provided within 1 year of the crash! Do not make the mistake of googling the standard Maryland statute of limitations, which is three years. That three years is the maximum time-limit for suit to be filed. However, suits can be dismissed if the shorter "notice" deadline is not met!
The Maryland (State) Tort Claims Act can be found here.
The Maryland Local Government Tort Claims Act can be found here.
What Do I Do If A Cop Hits My Car?
If you are in a car accident caused by a police vehicle, then you do exactly what you would do in any other car accident. You call 911. The police will come to the scene of the crash. Likely, the fire department and EMS will also be sent.
The officer who was involved in the crash will not write a report. That would be a significant conflict of interest. Sometimes, depending on department policy, a completely different police agency, such as the state police may respond, to avoid any appearance of impropriety.
If the police officer was responding to an emergency call, whether or not his emergency lights were activated, he may be completely immune from suit, under Maryland law. This is not always the case, especially if the officer was driving with absolute recklessness, but it is a very high bar to prove. You should always call a car accident lawyer immediately.
Damages That Can be Claimed After Maryland Police Car Accidents
Your total claim for damages after a car accident caused by a police vehicle includes both economic and non-economic damages. Economic damages are those that we say are easily quantifiable, with a very distinct dollar amount. For example, a medical bill. If a hospital charged $5,000 for your emergency room visit, then $5,000 is one part of your claim. Non-economic damages do not have clearly delineated values.
Economic damages
Medical bills
Time lost from work
Future time lost from work
Future medical expenses
Property damage
Diminished value
Non-economic damages
Pain and suffering
Scarring
Disfigurement
Permanent injury
Emotional distress
Humiliation
Inconvenience
Maryland Police Car Accident Damages Cap!
Maryland law puts a cap, or a maximum amount, on the level of compensation that you can obtain in any suit against any government employee, not just police officers. Maryland law places this cap at $400,000 per person, and $800,000 per accident. In plain terms, that means even if you had $500,000 in medical bills, the most that the government agency is going to pay is $400,000.
We at Blaszkow Legal do not agree with this as a point of policy, but it is currently the law in Maryland.
Are all Police Agencies the Same?
No. In Maryland, there are some private police agencies. Maryland grants certain private agencies and officers special police commissions. These officers are trained, and granted law enforcement powers on private or specific property. They maintain the full power of arrest, and often drive marked emergency vehicles. However, they are generally privately employed, not employees of any government agency.
Some examples of privately-employed special police officers include:
Marlow Heights Special Police
Loyola University Campus Police
Johns Hopkins University Campus Police
If one of these officers is involved in a car accident, then the Maryland damage cap does not apply. These vehicles are often operating under standard Motor Vehicle Insurance policies, and are working on behalf of a larger company, corporation, or organization.
If the special police officer is working for a government agency, such as the Baltimore County Community College Department of Public Safety, then the fact that they are commissioned as special police officers, rather than "regular" police officers is irrelevant. It is only important that they are employed by a government, rather than a private entity. This distinction is very important on determining whether 1) the various tort claims acts apply, and 2) whether the damages cap applies.
Have You Been Hurt In a Police-Involved Car Accident?
If you have been hurt, or have lost a family-member in a police-involved car accident, then you need to contact a Maryland Car Accident Lawyer right away. Just like insurance companies, city governments, county risk management offices, and the State of Maryland itself are working hard to minimize or deny claims against them. They have a lot of law on their side, to do so. If you want to make a claim against the government, you need someone on your side who can work hard to fight for you, and make them pay.
Call Blaszkow Legal right away for experienced, aggressive representation. Call 703-879-5910 today, and Get Justice with Joe!
(1) Maryland Code, State Government Article, 12-101(a)(6) confirms that "...“State personnel”...[includes]... (at (6))...a sheriff or deputy sheriff of a county or Baltimore City"