can a private citizen have a case against the police in a traffic accident?

Question

is the police officer's word the final word in what happened in a traffic accident? if the officer was responding to a call w/o using the siren or lights and the citizen had the green light? this incident happened two years ago.

Answer 1

First, you should not have waited two years. If it's just now going to court, ask the court to let the officer show the tape. If he was running an emergency call, his on-board camera, if equipped with one, should have caught everything on film. If the police car was responding to a call and did not have the emergency equipment activated, then that car is treated the same as any other motorist who violated the law by running the red light. Even if the lights and siren were on, he/she is supposed to yield and wait for all traffic to come to a halt before proceeding.

Answer 2

This can be a lenghty process, but keep one very important thing in mind. The police "do not" have exemption and the automatic "right of way" using emergency lighting and siren's, much less going "negative code" (no lights and siren), even if their is a good reason. The police still have to follow the rules of the road and have to watch out for traffic and "yes", people are suppose to get out of their way safely, but in some cases people cannot get out fast enough. This applys to all "emergency vehicles". Good luck.

Answer 3

You will probably find that in ref to the actual traffic case, there is little you can do as it has been over 2 years ago. It would be no different had the accident been between 2 civilians, its difficult to get the case overturned. Reference a civil case, anything goes, but as earlier it will something extremely hard to prove. I would assume that all cars involved are fixed and that the evidence at the scene has disappeared. The best thing to do is if it ever happens again, you make note yourself of the witnesses involved and contact them yourself. You are free to ask anyone around the scene what has happened and the accident report may have witness info on it. Also document the scene with video and pictures. Furthermore document the vehicle. Many times if you do not agree with the finding, get you insurance company involved. They have investigators, normally ex police accident investigators, who will investigate on their behalf. They will investigate the scene, position of cars, witnesses, damage to cars etc.

Answer 4

It is not the "final" word, but in almost every court, the policeman will be believed over the private citizen if it is a "he said, she said" type of thing. If there are witnesses that would hold up your side of the story and refute the officer's side, it would make the officer look bad, but without witnesses, courts and juries often assume that the only person with anything to gain from lying is the citizen.

Answer 5

If the statute of limitations has not expired there's questions that need to be answered. How serious was the accident? Did anyone die or was anyone crippled for life, or was there a large monetary loss? If so, and the officer was at fault, get an attorney and build a case. Most good attorneys will hear your case at no charge and will only collect a fee if the case is won in court.

Answer 6

Unfortunately, the courts are more likely to believe the officer because, in general, they are more honest than the average citizen. That's not to say that this officer isn't lying, but you will need evidence on your side.

If it comes down to a he said/she said, you will lose unless this officer has other documented incidents.

That being said, if you feel you are in the right, file your case. Police and ambulances do not have the right-of-way even if they are using their sirens. They are supposed to look out for citizens.

Even if you don't win, it will help establish a pattern of behavior in case he does it again.

Answer 7

In my city, our safely committee which is comprised of the head member of each public safety department, has to look at all the facts, and find the officer negligent and/or chargeable in some way regarding the accident in order for the citizen to have a case against them.
If the officer is found chargeable, the department and/or officer is obligated to pay for all repairs and medical costs caused by the accident, and it may be possible to sue.
If officer had lights/sirens on, and proceeded cautiously, and acted reasonably within the D.O.T.'s regulations, the officer cannot be charged.
Most squads have camera's so proof either way may be easy to find.
Talk to the chief of police in your area for their regulations on this, I can only tell you about my area.
good luck.

Answer 8

No the police do not have the final word in anything. The give what they saw as happening as well as any other person. If you do contest something, it wold help if you had witnesses to what happened other wise its your word against theirs. It also depends on the past record of the officer, like any job some times there are some that may stretch the truth at times.

Answer 9

Yes you have a case. You need a good lawyer though. i had a police officer crest a ridge at 80mph in a 40 mph zone with no lights or siren and broadsided me as I made a left turn into the gas station. i spilled my rum and coke all over myself and was arrested for DUI. My lawyer not only got me out of that, he was able to prove the police officer at fault for careless driving. So yes it can be done, but it isnt cheap and your lawyer has to be one of the best in your area. Go to your states bar association and there are usually rankings that show cases won vs lost for attorneys. Good luck.

Answer 10

The Officer's word is final, also, in court, an Officer's word holds more weight than a citizens.