West Palm Beach Police Officer Hits Two Pedestrians
The police are investigating a car accident involving one of their own after a West Palm Beach police officer struck two pedestrians last week. The accident took place on the 3100 block of North Jog Road in West Palm Beach around midnight on January 21. The police officer was patrolling the Apoxee Trail when the officer struck two pedestrians that were lying in the roadway. According to the report, the pedestrians were sent to the hospital with non-life threatening injuries and were lying in the road to watch the full blood wolf moon in the darkness of the nature preserve. The officer’s vehicle was traveling around five miles per hour when he ran over the pedestrians and has been placed on administrative leave while the case is being investigated.
Car Accidents Involving Government Vehicles
If you are injured in an accident, you have the right to sue the person responsible for the injuries. But if that person is a government employee or entity, the laws and rules for claims of personal injury are different than those involving a private claim. Under Florida law, claims filed against state and local government employees and entities are allowed only in certain situations. Otherwise, the government is protected under the rule of sovereign immunity, which bars lawsuits from private citizens for harm caused by government actors.
Florida allows for a lawsuit against a government employee or entity if the accident was caused by negligence or wrongful act or omission, the victim’s damages can be compensated with money, and the facts of the case would lead the government employee or entity to be held liable if they were a private citizen. However, the law also states that government employees cannot be held personally liable for harm unless the act was intentional, and the entity or governmental body the employee works for must be included in the lawsuit for damages. Damages are also limited to $200,000 or $300,000 if multiple agencies are named and punitive damages cannot be awarded to the accident victim.
The state agency involved in the accident must be notified in writing by the victim of an impending lawsuit within three years of the date of the accident, and no lawsuit can be filed until a 180 day investigation has taken place by the government entity. If the claim is denied after the investigation, the lawsuit must be filed within three years of the date of the accident or two years if the accident resulted in the wrongful death of the victim. An experienced personal injury attorney can review the facts of your case and ensure that your case is properly filed against the government for compensation of your injuries.
Talk to an Attorney Today
If you wish to file a lawsuit against the government for damages caused in an accident, the auto accident attorneys at Gary Roberts & Associates in West Palm Beach can help. Call the office or contact us today to schedule a free consultation of your case.