Navigating congested traffic during rush hour or driving in hazardous weather conditions can be dangerous and stressful enough. Driving conditions are aggravated when law enforcement vehicles are involved. While police officers are trained and expected to navigate traffic with a particular duty of care, they often drive at excessive speeds, dangerously maneuvering through traffic. So, what happens when you are involved in a car crash with a police vehicle? Are you automatically at fault? Is it worth pursuing a claim for damages? Fortunately, you have options. While claims against law enforcement can be complex, an experienced personal injury attorney can help.
Determining Liability – Law Enforcement At Fault
In Illinois, like many other states, the doctrine of “qualified immunity” is usually applied in claims involving public employees. Under the doctrine of governmental immunity, state employees, such as teachers, public healthcare workers, and police officers, enjoy a level of immunity from injury claims that occur while they are on the clock. In Illinois, qualified immunity is codified under the Local Governmental and Governmental Employees Tort Immunity Act. The act does not confer duties on law enforcement but grants immunity and defenses by immunizing public employees from liability for job-related accidents. While the act may seem harsh, it has strong roots in public policy concerns and is designed to deter superfluous damage claims that avert public funds.
An Exception to Act: Willful and Wanton Conduct
Under the Local Governmental and Governmental Employees Tort Immunity Act, public servants do not receive qualified immunity if their actions rise to the level of “willful and wanton” conduct. Section 2-201 of the act defines this as “a course of action which shows an actual or deliberate intention to cause harm or which, if not intentional, shows an utter indifference to or conscious disregard for the safety of others or their property.” In other words, police officers are not immune if they fail to exercise a certain degree of care in performing their job duties. Some applicable examples of willful and wanton conduct might include:
- Instances where law enforcement is using excessive speeds not necessitated by the circumstances;
- Officers driving while under the influence of alcohol or other substances;
- Officers engaging in a motor vehicle pursuit for an unreasonable length of time; and
- Recklessly jumping from lane to lane in an unsafe manner.
Interestingly, the act does not explicitly define what actual conduct constitutes willful and wanton conduct. Therefore, the question of whether an exception to qualified immunity applies is ultimately a question of fact for the jury. For this reason, hiring a qualified and experienced personal injury attorney who can navigate each accident’s unique circumstances and complexities is crucial.
Determining Liability: Civilian at Fault
In 2000, Lieutenant Scott Gillen of the Chicago Fire Department was struck and killed by an intoxicated driver while responding to a crash on the Dan Ryan Highway. As a response, the Illinois Legislature enacted “Scott’s Law” (625 ILCS 5/11-907), also referred to as the “Move Over Law.” Scott’s Law mandates all Illinois motorists approaching law enforcement or first responder vehicles to:
- Change lanes if possible;
- Reduce speed, especially if unable to change lanes; and
- Proceed with increased caution.
When a motorist fails to do so and causes a car accident or death, harsh penalties apply. Scott’s Law violators face fines of up to $10,000.00, loss of driving privileges, and in severe instances, imprisonment.
While Scott’s Law will not involve every accident involving law enforcement vehicles, it’s important to note that claims against law enforcement officers can be timely, expensive, and sometimes rooted in bias. This does not mean, however, that a driver is instantly deemed entirely at fault just because they contributed to a car accident involving a police officer. Hiring a personal injury attorney can make the difference between recovering what you deserve and getting nothing.
An Experienced Personal Injury Attorney in Illinois Can Help
If you were hurt in an accident involving a law enforcement vehicle, you need an experienced personal injury attorney to help fight for your right to compensation. Just because law enforcement is involved does not mean you are automatically at fault. Our experienced team at Cullotta Bravo Law can examine your unique set of facts and determine what level of compensation you are owed! Contact us today by calling (630)898-7800 or using our online contact form.