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Car crashes are complex both legally and financially, so when it comes to accidents with government property, you should work with the best accident lawyers in Phoenix. In order to get the compensation you need from a government entity, it’s important to understand the exact requirements of the legal process and you must submit them exactly when required. A good lawyer can help.
If you’ve been injured in an accident involving a police vehicle, unique deadlines and limitations might shape your case, but you may still have the right to compensation.
Though we often see police departments and those who work for them acting outside of the law in cases of emergency, they are not immune from responsibility. If a police officer caused your injuries, even if it was while driving a government vehicle, you can pursue compensation.
You need to understand in what ways the parameters of liability are different.
Police are not held to the same traffic laws as citizens as they respond to emergencies. Anyone who has seen a police car speeding through a red light knows this. However, while these vehicles and those driving them have certain privileges, they are not free to disregard public safety.
Depending on how an officer conducts themselves and their vehicle, they may still be liable for damages.
A number of factors are relevant to each case:
Clearly, some of these factors can be difficult to measure, and the police department will have every reason to frame their actions as justified.
As always, witness statements can help attorneys assess these questions. Fortunately, another aspect that makes accidents with police vehicles unique is that dash cam footage and body cam recordings can sometimes shed light on officer behavior.
Because Arizona is a comparative fault state, it’s important to understand exactly what percentage of the accident each party is responsible for. A skilled lawyer can use information and expert assessment to determine this.
There is also one major difference in public versus private vehicle accidents. This applies to the process of seeking compensation and must be understood to have your case heard at all.
Before you are able to file a lawsuit against a public entity in Arizona, you must file a Notice of Claim. A Notice of Claim includes:
Accidents with private vehicles in Arizona have a statute of limitation of two years from the date of the accident. This is much shorter for accidents with public vehicles.
Victims have 180 days from the date of the accident to submit an accurate and complete Notice of Claim. If it is missing information or is submitted after 180 days, the case will be dismissed. If the claim is accepted, the victim then has one year after the date of the accident to file a lawsuit.
| Legal Requirement | Time Limit | What It Means for You |
|---|---|---|
| File Notice of Claim | Within 180 days of the accident | Required before suing a public entity; must include damages amount and supporting facts |
| File Lawsuit (if claim not resolved) | Within 1 year of the accident | Shorter than typical injury cases involving private parties |
| Private Vehicle Accident Lawsuit | Within 2 years | Standard statute of limitations for non-government vehicle crashes in Arizona |
| Comparative Fault Rule | Applies in all cases | Compensation may be reduced by your percentage of fault |
The process of establishing liability and pursuing compensation from a police department is arduous and often technical. There are issues at play that aren’t present in accidents between two private citizens, and it can be intimidating to try to navigate the process without representation.
A skilled lawyer can:
If you’re in an accident with a police vehicle, don’t give into intimidation or give up in the face of a confusing legal process. Reach out to Gage Mathers to get advice on how to more forward quickly.
We can help you understand the key deadlines in your case, including how long you have to accept a settlement. Call us today to start the ball rolling on getting the compensation you deserve!
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