A 21-year-old New Jersey woman was killed Oct. 30 when her Toyota Highlander collided with a Suffolk County Police car at an intersection where a traffic light was not operating, according to a report in the Port Jefferson Patch. The police officer was returning from a  call related to Hurricane Sandy at the time of the crash. Three passengers in the Highlander as well as the officer were transported to Stony Brook University Hospital.

The Qualified Immunity Doctrine

When a person is injured in a car accident involving an on-duty police officer, pursuing compensation can become considerably complicated.  Police officers are entitled to “qualified immunity,” which protects government agencies or employees from liability for actions that would be considered negligent if they were committed by a private citizen. This does not mean that police officers can never be held accountable for their actions when they result in injury; however, pursuing compensation is much more difficult than it would be in a typical personal injury lawsuit.  One of the most important factors that determine a victim’s ability to recover damages is whether the police officer was operating in an emergency capacity and whether the officer’s lights and siren were on at the time.

Explore Your Legal Options

If you have been injured or lost a loved one in a New York or New Jersey car accident involving a police officer, you may be entitled to compensation. Only an experienced New York and New Jersey injury accident attorney can review the facts of your case to determine whether the qualified immunity doctrine applies.

Contact the New York and New Jersey personal injury attorneys at Ginarte Gonzalez & Winograd to find out what legal options you may have. With six offices conveniently located in the New York/New Jersey metropolitan area, we have an office near you. For your free consultation, call the firm today at 888-446-2783 or fill out our online contact form.