Can I win this case against a police officer? What else should I do.

Asked over 4 years ago - Lakeland, FL

My boyfriend and I were hit by a cop car while driving down the road. The cop was at the opposite part of the intersection. We had a green light and noticed the cop car when we got to the intersection. His light was red, and he hit us. He had his lights and sirens on when he hit us but we did not see or hear them before we got to the intersection. There is a witness that said she works at the store next to the accident and said the police officer did not have his lights or sirens on before he got to the intersection. Now I have no car ride to work, and am very sore which prevents me from doing the best at my job.
Also my coworker said because it was a Polk County Sheriff, they shouldn't have had polk county sheriffs come to investigate the scene because they are partial to the cop. true?

Attorney answers (2)

  1. David H. Burns


    Contributor Level 13

    Answered . You have a right to bring a claim against the Sheriff in his official capacity. Under Florida law, you cannot sue the officer who hit you, because individual government employees are granted immunity from suit under Florida law. There is a 6-month presuit notice requirement. Whether or not you win a lawsuit depends on the evidence presented by both sides and how a jury views that evidence. Suing a Sheriff in his home county is never an easy task, but if you can present sufficient evidence at trial you might very well win.

  2. Leland Eric Garvin

    Contributor Level 10

    Answered . I agree with the other attorney but wanted to add that the damages against the County Sheriff would be capped at 100K.

    What you should focus on at this point is getting proper treatment for your injuries. Not only is this important for health reasons but also will document any injuries that you may have.

    Make sure you take photos of your vehicle along with your injuries and keep a record of any expenses that you may incur as a result of these injuries.

    Good Luck,

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