This past September it was reported that a Trenton man was injured when his car was struck by an unmarked police car while he was waiting to make a right-hand turn from Chestnut Avenue onto South Broad Street. Investigation into the accident revealed that the officer driving the police car was at fault. The police reported they were responding to an emergency call on South Broad Street with their lights and siren on. However, a witness to the accident said the unmarked police car did not put its lights on until right before the impact.
When a person is injured in a car accident involving a police car, it is often more difficult to recover damages. This is true even if the police were clearly at fault for the accident. There are different rules at play when the Police Department is the defendant, including the venue where the action may be brought and the timeframe for taking legal action.
However the most significant difference is the burden of proof used in finding the police officer liable when they were acting in the course of duty and responding to a call. The central issue often becomes whether the police had their lights and sirens engaged before the accident. The nature of the call or emergency the police were responding to at the time of the accident is also an important factor. In these cases it is important to be represented by an experienced New Jersey trial attorney with the ability to investigate the accident.
The accident attorneys at Gelman Gelman Wiskow & McCarthy are experienced in handling all many types of motor vehicle accident cases. As trial attorneys we prepare for the issues in each case from the very start. If you have been injured as a result of an automobile accident caused by the negligence of a police officer we can help you recover the compensation to which you are entitled.