Are Police Liable If They Cause An Accident While Driving With Their Siren On

child hit by car

 

Car Accident Question:  My son was listening to music on his headphones while crossing the highway the other day on his bicycle coming home from school.  He had a clear to cross signal and there’s a witness to that.  He got hit in broad daylight by a police officer and he’s badly scraped up and it fractured his forearm.  He went to the emergency room of course and has a cast on the arm.  So far the company handling claims for the police department is saying that the officer had his lights and siren on and they’re not liable. What should we do?

Auto Accident Lawyer:  Your son is entitled to $10,000 in medical expense and lost wage benefits if lost wages apply no matter who was at fault from your own auto policy if you and/or your wife own a vehicle.  In addition, while a police officer responding to a potentially emergent situation is given considerable latitude, that does not entitle them to mow down pedestrians or bicyclists in broad daylight; they must use a standard of care.  I believe I can recover money for your son for pain and suffering and it may be substantial considering the fractured arm.  Unless we do, you owe us nothing.

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