Seeing the flashing lights of a police cruiser in your rearview mirror usually means you need to pull over. But seeing those lights moments before a collision is a different kind of shock. Accidents involving law enforcement vehicles are more common than many people realize. Whether it occurs during a high-speed pursuit, an emergency response, or a simple patrol, a crash with a police car creates a complicated legal scenario.

If you are injured by a police cruiser in New Jersey, the path to compensation is far more complex than a typical car accident claim. You are not just suing another driver; you are effectively suing the government. This triggers a specific set of laws known as the New Jersey Tort Claims Act (Title 59), which provides public entities with significant protection against lawsuits.

Successfully recovering damages requires navigating strict deadlines, proving negligence despite government immunity, and demonstrating that your injuries meet a specific threshold. Because the procedural hurdles are so high, avoiding common mistakes early in the process is vital to preserving your right to sue.

Suing a Police Department in NJ: Overcoming Sovereign Immunity

In a standard auto accident, you file a claim against the other driver's insurance, and if they were negligent, you get paid. However, when the at-fault driver is a police officer, the rules change because of a legal doctrine called sovereign immunity.

Sovereign immunity essentially means the government cannot be sued unless it gives you permission to do so. In New Jersey, that permission comes from the New Jersey Tort Claims Act (Title 59). This act allows injured parties to file a claim for a government vehicle accident in New Jersey, but only under specific circumstances.

To win a case against a police department or municipality, you must prove that the officer was negligent in the operation of their vehicle and that this negligence directly caused your injuries. You must also prove that the accident does not fall under one of the many "immunities" or protections the law grants to officers performing their duties.

When Is a Police Officer Liable for a Crash?

Determining liability for police car crashes in New Jersey often depends on what the officer is doing at the moment of impact. The law distinguishes between "ministerial" acts and "discretionary" acts, though for vehicle accidents, the focus is often on whether the officer was responding to an emergency or simply on patrol.

If an officer is driving to the station, patrolling a neighborhood, or transporting a suspect without urgency, they are generally expected to follow the same rules of the road as everyone else. If a police officer caused an accident in New Jersey in these non-emergency situations—for example, by rear-ending you at a red light or sideswiping your car while changing lanes—negligence is easier to establish.

However, if the officer was responding to an emergency, the legal standard shifts.

Liability During Police Pursuits and Emergency Responses

Cases involving liability for accidents during police pursuits in NJ are notoriously difficult to navigate. Under New Jersey law, police officers are often granted "good faith" immunity. This means that if an officer creates a risk while enforcing the law (such as chasing a suspect or rushing to a crime scene), they may be immune from liability if they acted in "good faith."

To overcome this, your lawyer usually needs to demonstrate that the officer's conduct went beyond simple negligence and constituted "willful misconduct." This might include driving recklessly without sirens in a school zone or continuing a high-speed chase through heavy traffic against department protocol.

The 90-Day Rule: Filing a Notice of Tort Claim in New Jersey

This is the single most important procedural hurdle in your case. In a standard car accident, you have a two-year statute of limitations to file a lawsuit. In a case against a government entity, you must file a Notice of Tort Claim within 90 days of the accident.

If you fail to file this notice with the correct public entity (such as the specific municipality, the county, or the State of New Jersey) within that 90-day window, you may be forever barred from recovering compensation. This is not the lawsuit itself but a formal notification that allows the government to investigate your claim.

There are very few exceptions to this rule. While a judge may allow a late filing within one year in "extraordinary circumstances," you should never rely on this possibility. Filing a claim against a city in New Jersey immediately is the only safe approach.

New Jersey Traffic Laws for Emergency Vehicles

It is a common misconception that police officers can do whatever they want on the road. While New Jersey traffic laws allow officers to disobey certain regulations for emergency vehicles, these privileges are not absolute.

N.J.S.A. 39:4-91 states that the driver of an emergency vehicle may:

• Exceed the speed limit.
• Proceed past a red light or stop sign (but only after slowing down as necessary for safety).
• Disregard regulations governing the direction of movement or turning.

However, the statute also explicitly states that these privileges do not relieve the driver from the duty to drive with "due caution" for the safety of all persons. If an officer blows through a red light at 60 mph without a siren and T-bones your vehicle, they likely violated their duty of due caution. Proving a breach of this duty is essential for a claim related to an emergency vehicle accident in New Jersey.

Comparative Negligence in New Jersey Police Accidents

Even if the police officer was clearly wrong, the defense will likely look at your driving behavior. New Jersey follows a modified comparative negligence law. This means that if you are found to be more than 50% at fault for the accident, you cannot recover any damages.

In the context of comparative negligence in New Jersey police accidents, the government lawyers may argue that you failed to yield to an emergency vehicle, were distracted, or could have avoided the collision. For example, if you had the green light but failed to hear the siren and pull over, a jury might assign a percentage of fault to you. If that percentage is 51% or higher, your claim fails. If it is 20%, your total compensation is reduced by 20%.

What Damages Can You Recover in a Government Vehicle Injury Claim?

Another unique aspect of the Tort Claims Act is the limitation on damages. In a standard personal injury case, you can recover damages for pain and suffering regardless of the specific nature of the injury, provided you meet your insurance policy's threshold.

In a claim against a public entity, the bar is set much higher. To recover damages for pain and suffering (non-economic damages), you must generally prove that you suffered a "permanent loss of a bodily function."

This is known as the "verbal threshold" or permanent injury requirement under Title 59. Subjective complaints of pain, soft tissue injuries that heal, or temporary disabilities often do not qualify. You generally need objective medical evidence proving that a body part will not function normally again.

However, you can still recover economic damages—such as medical bills and lost wages—even if you do not meet the permanent injury threshold. Securing full NJ police accident compensation requires a detailed medical analysis to prove the permanency of your condition.

Why You Need a New Jersey Car Accident Lawyer After a Police Cruiser Accident

The legal landscape for an injured-by-police-cruiser NJ case is filled with traps for the unwary. From the strict 90-day notice period to the high threshold for proving liability and damages, the government has the upper hand against unrepresented individuals.

A specialized New Jersey car accident attorney knows how to gather evidence that typically disappears quickly. Obtaining a police report is just the first step. Your lawyer will also need:

• Dashcam footage from the police cruiser.
• Bodycam footage from the officer.
• GPS data showing the cruiser's speed.
• Department protocols regarding pursuits and emergency response.

These pieces of evidence are vital to establishing that the officer acted negligently or recklessly, rather than in good faith. Without them, it is your word against the police report—and the police report is written by the defendant's colleagues.

Need Legal Help? Brandon J. Broderick, Attorney at Law, Is Just One Phone Call Away

If you or a loved one has been injured in an accident involving a police vehicle, you cannot afford to wait. The clock is already ticking on the 90-day deadline to file your claim. The experienced attorneys at Brandon J. Broderick, Attorney at Law, have the resources and knowledge to take on municipal and state entities and fight for the compensation you deserve.

We are committed to guiding you through every step of this complex process, ensuring your rights are protected against powerful government defenses. Contact us today for a free consultation. We are available day or night to assist you.