Getting into any car accident can be stressful and confusing, but when the other vehicle is a police cruiser, the process for pursuing a claim becomes more complicated. Law enforcement vehicles fall under special legal rules in Florida, meaning the steps you take—and how quickly you take them—can directly impact your ability to recover damages.
This guide explains how legal claims work after a police cruiser car accident in Florida, including liability rules, special filing requirements, and what you need to know about pursuing compensation.
Why Police Cruiser Accidents Are Different in Florida
When a police officer is involved in a crash, the case isn’t handled the same way as a collision between two private drivers. Police cruisers are typically owned and insured by government entities, and Florida law grants certain legal protections—known as sovereign immunity—to government agencies. These protections limit how and when you can sue.
Florida’s sovereign immunity laws (Florida Statutes Section 768.28) allow individuals to bring claims against government entities, but there are important restrictions:
- You must follow strict notice requirements before filing a lawsuit.
- Damage awards are capped at certain amounts unless the Florida Legislature approves a higher payout.
- The statute of limitations for notifying the government is shorter than for regular personal injury claims.
Understanding these procedural rules is key to protecting your right to compensation.
Common Causes of Police Cruiser Accidents
Police cruiser accidents can occur in many situations, including:
- High-speed pursuits
- Emergency responses through intersections
- Improper lane changes or sudden stops
- Distracted driving while operating in-car computers or radios
- Standard traffic accidents while patrolling
Even when a police officer is responding to an emergency, they must still operate their vehicle with due regard for the safety of others under Florida law.
Determining Liability
Liability in a police cruiser accident depends on several factors:
- Was the officer responding to an emergency?
If yes, they may be allowed certain traffic privileges (like going through red lights with sirens on), but they still must avoid reckless driving. - Did the officer’s actions violate department policies or state traffic laws?
For example, failing to activate lights and sirens during a high-speed approach could be evidence of negligence. - Was the accident partially your fault?
Florida follows a modified comparative negligence rule. If you’re found more than 50% responsible for the crash, you can’t recover damages.
Filing a Claim Against a Government Entity in Florida
If you’re injured in a police cruiser car accident, your claim will likely be against the government agency that employs the officer, such as a city police department, county sheriff’s office, or the Florida Highway Patrol.
Here’s what makes the process unique:
- Pre-suit notice: You must file a written notice of claim with the agency and the Florida Department of Financial Services before you can file a lawsuit.
- Time limit: You have three years from the date of the accident to give this notice (two years in wrongful death cases).
- Damage caps: Under sovereign immunity, you can recover up to $200,000 per person or $300,000 per incident without special legislative approval.
Failing to follow these rules can cause your public entity claim to be dismissed, even if liability is clear.
Insurance Coverage and Government Vehicles
Police cruisers are insured under government policies, but claims are still processed through insurance adjusters—often those who work exclusively on government liability cases. These adjusters may take a more defensive position, knowing the law limits payouts and lawsuits.
If your own insurance policy includes Personal Injury Protection (PIP) coverage (required in Florida), it will still apply regardless of fault, covering up to $10,000 of medical expenses and lost wages. However, more serious injuries that exceed PIP limits may require pursuing a claim against the government.
Real Florida Case Example
In City of Pinellas Park v. Brown (1992), the Florida Supreme Court reviewed a case where officers engaged in a high-speed pursuit without adequate safety measures, leading to a fatal collision. The Court found the city liable, emphasizing that emergency driving still requires reasonable care to avoid harming the public. This precedent reinforces that police departments can be held accountable for negligent driving.
Comparative Negligence in Action
Imagine you’re driving through an intersection with a green light, and a police cruiser responding to a call runs a red light without its sirens on, striking your car. The investigation finds the officer 80% at fault and you 20% at fault for not checking cross-traffic. If your damages are $100,000, your award would be reduced by your percentage of fault, resulting in an $80,000 recovery—subject to the sovereign immunity cap. This is comparative negligence.
Steps to Take After a Police Cruiser Accident in Florida
- Get medical attention immediately.
Even if injuries seem minor, documentation is critical. - Call 911 and request a crash report.
Make sure an official record exists. - Gather evidence at the scene.
Take photos, get witness contact information, and note whether the cruiser had lights or sirens activated. - Do not give recorded statements to insurance adjusters without legal advice.
Anything you say could be used to reduce your claim. - Consult a Florida car accident attorney experienced in government claims.
Why You Need an Attorney for a Police Cruiser Car Accident
Because of Florida’s strict notice rules, damage caps, and sovereign immunity protections, handling a police cruiser car accident claim without legal help can be risky. An experienced attorney can:
- Ensure all deadlines and notice requirements are met
- Investigate whether the officer’s actions violated policies or laws
- Negotiate with government insurers for a fair settlement
- Take the claim to court if the government disputes liability
Call Brandon J. Broderick For Legal Help
If you’ve been injured in a car accident involving a police cruiser in Florida, you don’t have to navigate the complex legal process alone. The team at Brandon J. Broderick, Attorney at Law, understands how to handle government liability cases and will work to protect your rights from start to finish. Contact us today for a free consultation to discuss your case and explore your options for compensation.