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Police Liability for Auto Accidents

Roberts Wilson, P.A. | April 7, 2012

The intial reports in the Daily Journal about this auto accident involving a police officer make it appear that it was not the officer’s fault. This may very well be true but this article reminded me of the rules that apply when an automobile accident is caused by a law enforcment officer.  Most people do not realize it, but even though an accident may clearly be a law enforcement officer’s fault, the law enforcement agency will almost always deny the claim.

This is because the officer must have acted with reckless disregard in order to be liable and not just simple negligence.  This is a high burden that some say requires almost intentional conduct.

Cases like these are always very fact dependent and you should never assume you cannot recover.   Contact a lawyer immediately to get advice if you are in an auto accident with a law enforcement officer.  The facts of a particular wreck could lead to a finding of reckless disregard.

Additionally, a lawyer can help you determine whether or not your own uninsured motorist coverage might provide coverage for the accident.

While the car wreck in Tishomingo county, appears to be the other driver’s fault, if the officer caused the wreck, the injured citizen might very well have no avenue of recovery.

Our office reviews all injury cases for free.  Contact us at (662) 533-9111 for a free initial consultation or Click Here to fill out a Case Evaulation Form.