The sight of flashing red and blue lights in your rearview mirror is usually a cause for anxiety. But when those same lights appear only after a police cruiser has collided with your vehicle, that anxiety is replaced by confusion, shock, and a wave of uncertainty. A collision with any vehicle is disruptive, but when the other driver is a law enforcement officer, the path to compensation becomes significantly more complicated.
Unlike a standard fender-bender with another civilian, a car accident involving a police vehicle falls under a special set of laws governing claims against government entities. You are not just dealing with another driver and their insurance company; you are facing a city, a county, or even the state itself. These cases require a deep understanding of Ohio law, strict procedural rules, and the ability to overcome legal protections designed to shield government bodies from lawsuits.
This guide explains the unique challenges and legal principles that govern these complex cases in Ohio, providing the clarity you need to understand your rights and the steps necessary to protect them. If you have been involved in a car accident with a police cruiser, it is highly recommended that you consult with an experienced Ohio car accident lawyer as soon as possible.
Sovereign Immunity: The First Legal Hurdle After a Car Accident Involving a Police Cruiser in Ohio
The primary legal hurdle in any claim against a government entity is the doctrine of sovereign immunity. This is a centuries-old legal concept holding that a government—or "sovereign"—cannot be sued without its consent. In Ohio, this principle is codified in state law, generally protecting political subdivisions (like cities and counties) and their employees from liability.
However, this protection is not absolute. The Ohio Revised Code creates several important exceptions, with the most relevant one for traffic collisions found in § 2744.02(B)(1). This statute specifically states that a political subdivision can be held liable for injury, death, or property loss caused by the negligent operation of a motor vehicle by one of its employees acting within the scope of their employment.
In simple terms, while the government has broad immunity, it has explicitly waived that immunity for car accidents caused by the carelessness of its employees, including police officers. This exception is the gateway through which most car accident claims against police departments proceed. However, as we will see, simply proving an officer was negligent is not always enough.
Was the Officer Responding to an Emergency? The Critical Distinction
The single most important factor that will shape your car accident claim is the officer's status at the moment of the collision. Was the officer on a routine patrol, or were they responding to an active emergency? The answer to this question changes the entire legal standard required to prove your case.
Non-Emergency Situations: The Negligence Standard
If a police officer is performing routine duties—such as patrolling a neighborhood, driving back to the station, or heading to a non-urgent call—they are held to the same standard as any other driver on the road. They must obey all traffic laws and operate their vehicle with ordinary care.
In this context, your claim is based on negligence. To succeed, you and your attorney must prove four elements:
- Duty: The officer had a duty to operate the police cruiser safely.
- Breach: The officer breached that duty by acting carelessly (e.g., running a red light, speeding unnecessarily, following too closely, or being distracted).
- Causation: The officer's breach of duty directly caused the accident and your injuries.
- Damages: You suffered actual harm, such as medical expenses, lost income, and property damage.
If an officer runs a stop sign while on a routine patrol and T-bones your car, the case proceeds much like a standard car accident claim.
Emergency Responses: The “Willful or Wanton Misconduct” Standard
The rules change dramatically when an officer is responding to an emergency call. Ohio law grants officers certain privileges in these situations, such as the ability to exceed the speed limit or proceed through intersections against a signal. This privilege is permitted so they can reach emergencies—like a reported crime in progress or another life-threatening situation—without delay.
Because of these privileges, an officer responding to an emergency cannot be held liable for simple negligence. Instead, you must prove their actions amounted to “willful or wanton misconduct.” This is a much higher and more difficult standard to meet.
- Negligence is a mistake or a moment of carelessness.
- Willful or wanton misconduct is a conscious and reckless disregard for the safety of others. It implies an intentional deviation from a clear duty or a failure to exercise any care whatsoever, under circumstances where the probability of harm is very high.
For example, driving 15 miles per hour over the speed limit with lights and sirens active to reach a fire might be permissible. However, driving 90 miles per hour through a crowded school zone without sirens could be considered willful or wanton misconduct, as it demonstrates a blatant indifference to the extreme danger posed to others.
Steps to Take After a Car Accident With a Police Cruiser in Ohio
The actions you take in the immediate aftermath of a collision with a police cruiser are foundational to building a successful car accident claim. The process is different from a typical accident, and you must act strategically to protect your rights.
Prioritize Safety and Medical Attention
Your health is the top priority. Check on yourself and your passengers for injuries. If anyone is hurt, call 911 immediately and request medical assistance. Even if you feel fine, it is smart to get a medical evaluation. Adrenaline can mask injuries that may only become apparent hours or days later.
When you call 911, another law enforcement agency—often the Ohio State Highway Patrol or a neighboring jurisdiction's police department—will typically be dispatched to handle the investigation. This is done to avoid a conflict of interest and ensure a more impartial initial report.
Document Everything Meticulously
Evidence is your most powerful tool. If you are physically able, use your smartphone to document the scene thoroughly.
- Take Photos and Videos: Capture images of both vehicles from all angles, showing the points of impact and the extent of the damage. Also, photograph the surrounding area, including traffic signals, stop signs, road conditions, and any skid marks.
- Gather Witness Information: If anyone saw the accident, get their name and phone number. Independent witness testimony can be invaluable, especially when the official police report may be written by a colleague of the involved officer.
- Record Officer Details: Get the name, badge number, and department of the police officer involved in the collision as well as the officers who respond to investigate.
- Write Down What Happened: As soon as you can, write down a detailed account of everything you remember about the accident while it is still fresh in your mind.
Be Careful What You Say
When speaking to the investigating officers, be polite and stick to the facts of what happened. Do not apologize, accept blame, or speculate about who was at fault. An apology can be misinterpreted as an admission of guilt later on. State only what you know for certain.
Seek Legal Counsel Immediately from a Car Accident Attorney
Because of the complexities of sovereign immunity and the different legal standards involved, contacting a car accident attorney with experience in claims against government entities in Ohio is not just a good idea—it is a necessity. The government has teams of lawyers ready to defend against these claims. You need an advocate on your side who understands the system and can act quickly to preserve evidence, such as dashcam and bodycam footage, before it is erased.
Navigating the Ohio Car Accident Claim Process Against a Government Entity
Filing a car accident claim against a city or state agency in Ohio involves a different set of rules and deadlines than a typical personal injury case.
The Statute of Limitations
In Ohio, the general statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. While this deadline also applies to claims against most government entities, it is important to act much faster. Your attorney will need ample time to conduct a thorough investigation, gather evidence, and meet any specific notice requirements that may apply before a lawsuit can even be filed. Delaying can jeopardize your ability to build the strongest possible case.
Filing the Claim
Your claim is not filed against the police officer personally but against the governmental body that employs them. This could be a municipality, a township, a county, or the State of Ohio itself. Identifying the correct defendant is a key first step. Your car accident lawyer will ensure the claim is directed to the proper entity and that all procedural formalities are followed correctly.
Proving Your Case
Building a case against a police department requires extensive evidence. Unlike a standard accident where you might just rely on a police report and photos, these cases often require more. An experienced car accident attorney will work to secure:
- Police Cruiser Dashcam Footage: This type of video is often the most compelling evidence, showing a clear view of the road ahead of the police vehicle.
- Officer Bodycam Footage: This can capture conversations and the officer's actions immediately before and after the collision.
- Dispatch Logs and Audio: These records can confirm whether the officer was responding to an emergency and what information they had at the time.
- Traffic and Surveillance Cameras: Footage from nearby businesses or traffic lights can provide an unbiased view of the intersection or road where the accident occurred.
- Expert Testimony: In complex cases, an accident reconstruction expert may be needed to analyze the physical evidence and provide a scientific opinion on how the crash happened.
Potential Damages in a Car Accident Lawsuit in Ohio
If your claim is successful, you may be entitled to recover compensation for a range of losses, similar to a standard car accident lawsuit. These damages are typically categorized into two types.
Economic Damages
These are the tangible, verifiable financial losses you have incurred due to the accident. They include:
- Medical Bills (past and future)
- Lost Wages and loss of future earning capacity
- Property Damage to your vehicle
- Rehabilitation Costs
Non-Economic Damages
These damages compensate you for the intangible, non-financial harms you have suffered. They include:
- Pain and Suffering
- Emotional Distress
- Loss of Enjoyment of Life
- Permanent Disfigurement or Disability
It is important to know that Ohio law places caps on non-economic damages in many personal injury cases. For most claims, these damages are limited to the greater of $250,000 or three times the economic damages, with a maximum of $350,000 per person.
One Mistake Can Cost Your Entire Claim: Securing Your Rights with an Experienced Ohio Car Accident Attorney
Facing a government entity alone after a police cruiser accident is a formidable challenge. The legal system is complex, and the government's lawyers are skilled at using every available defense, including sovereign immunity, to defeat claims.
Leveling the Playing Field
A government legal department has vast resources. An experienced Ohio car accident lawyer levels the playing field, providing you with the knowledge, resources, and advocacy needed to stand up for your rights.
Navigating Complex Legal Hurdles
From identifying the correct legal standard—negligence versus willful or wanton misconduct—to meeting strict deadlines and procedural requirements, a skilled attorney ensures your case is handled correctly from day one.
Maximizing Your Compensation
Your lawyer will conduct a comprehensive investigation to gather all necessary evidence, accurately calculate the full extent of your damages, and negotiate forcefully on your behalf. If a fair settlement cannot be reached, they will be prepared to take your case to court to fight for the compensation you deserve.
Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away
If you or a loved one has been injured in a car accident involving a police cruiser, you do not have to navigate this complicated process alone. The legal team at Brandon J. Broderick, Attorney at Law, has the experience and dedication to handle claims against government entities. We are committed to holding negligent parties accountable and fighting for the justice and compensation our clients deserve.
Contact us today for a free, no-obligation consultation to discuss your case. We are here to answer your questions and provide the guidance you need to move forward. We are available to assist you day or night.