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What should i do? i was involed in a car accident with a cop car

Syracuse, NY |

it was around 12am and i was making a left turn when the light was green when i hit the side of a cop car that didnt have any of his lights on, even headlights, after about 9 more cop cars came they gave me a ticket for failing to yeild right of way. they never gave me any information, not even a accident report, im planing on calling a local lawyer but i just wanted to see if anyone thinks i have a case agenst the cop.any help would be great thank you

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Attorney answers 5

Posted

You are probably going to have an uphill battle as it appears the police officer is going to have a different story than yours. Without a witness, it is going to be a "he said-she said" situation and you may get nowhere. Your instinct is correct - contact a local experienced personal injury attorney in your area for a free consultation.

Steven A. Schwartz
Attorney/Partner

JOEL H. SCHWARTZ, P.C.
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Boston, MA 02108
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The information provided is based solely on the question and facts presented. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. www.joelhschwartz.com

Posted

You should consult with a personal injury attorney who has experience suing government agencies for negligence. The attorney will review your facts and the applicable laws and evaluate your chance of success. As a police agency was involved there may be strict time limits on bringing your claim and certain sovereign immunity defenses. Time is of the essence in consulting with an attorney. Good luck to you.

The information provided by me should not be considered legal advice and does not establish an attorney-client relationship. I am licensed to practice law in Florida and you should consult with an attorney in your area for legal advice. The information exchanged on avvo.com is not privileged and you should not share confidential information over this forum.

Posted

The simple answer in 'yes', you can bring a claim against the police but as stated before, you will have an uphill battle. Is the claim for property damage, personal injury or both? If the latter, your ability to bring a successful claim will depend on not only proving the police were negligent but that your injuries are serious enough to qualify under NY Insurance regulations. You should consult an attorney in your area familiar with both motor vehicle claims as well as claims against municipalities. There are likely short time frames involved so a consultation should be sooner rather than later. Good luck.

Posted

First, get a local traffic court lawyer to fight the ticket. Second, get a personal injury lawyer to file a claim against the cop if you were injured. If this was merely property damage, make a claim against your insurance.

Philadelphia Personal Injury Lawyer. www.InjuryLawyerPhiladelphia.com

Posted

You already have some great answers. Police can be sued like everyone else. But, you will have to prove the accident was their fault just as you always have to. I f your saying you made a left in front of the cop car who was driving straight in the opposite direction that you were coming from before you turned, that is a tough case unless he was speeding, and even then its still difficult. That may be difficult, but it can be done. Also your injury has to rise to a threshold in New York. The threshold is complex. In essence you have to have a significant injury.

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