How to Bring a Car Accident Injury Claim Against an Arizona DPS Officer
How to Bring a Car Accident Injury Claim Against an Arizona DPS Officer
The car accident lawyers at Scottsdale Injury Lawyers were recently hired by a couple who were injured in a crash. However, the car accident was not a normal car crash where the at-fault party was a regular citizen. Instead, the car accident was due to the fault of a law enforcement officer who was working at the time. Specifically, the crash was caused by an Arizona Department of Public Safety officer.
Details of the Crash Involving the Arizona Department of Public Safety Officer
On March 10, 2024, the firm’s clients, a hardworking husband and wife, were travelling to their home in Safford, Arizona. They were proceeding eastbound on U.S. Highway 60 near the Magma Mine Road exit. As they proceeded straight, a pickup truck pulled over into the right shoulder area of the road. Then, without warning, the pickup truck attempted a U-turn to head westbound in the opposite direction.
In doing so, the pickup truck crossed directly in front of the clients’ lane of travel. The move was dangerous and unexpected. As a result, the clients were unable to stop and the vehicle they were driving crashed into the pickup truck.
The crash was caused by the pickup truck’s dangerous turning maneuver. The front of the clients’ vehicle made impact with the driver side of the pickup truck. The crash was at a high rate of speed causing injuries and significant vehicle damage. It turns out the pickup truck was an unmarked Arizona DPS vehicle being operated by an officer on duty.
The Injuries Sustained by the Clients
The clients both sustained spinal, musculoskeletal and head injuries as a result of the crash. The wife sustained a mouth injury as well and required dental treatment. The clients were treated at the emergency room the same day. The clients underwent emergent imaging and testing.
In the days following the crash, the clients’ injuries did not subside. They were prescribed and started physical therapy. They also underwent MRI imaging which showed damage to their vertebral discs.
After physical therapy failed to alleviate their symptoms, they were prescribed pain management. They have both underwent spinal injections in an effort to stop their pain and injury complications. Unfortunately for the clients, their injuries appear permanent and progressive in nature.
Who is Responsible for a Crash Caused by an Arizona DPS Officer?
Who is ultimately responsible for a crash caused by an Arizona DPS officer depends on two things. First, whether or not the officer was found at fault for causing the crash. Second, whether or not the officer was working at the time of the crash.
With respect to the first item, the officer’s liability or fault for the crash will be analyzed like it would in any other car accident situation. An analysis will be conducted to see who caused the crash and if the officer violated any traffic laws. If the officer did so, then he will be responsible for any resulting injuries and damages.
However, who will ultimately pay for those injuries and damages will depend on whether or not the officer was working at the time. If the officer was in the course and scope of employment for Arizona DPS at the time of the crash, the state of Arizona will be responsible for the damages. On the other hand, if the officer was off-duty, the State of Arizona will not be responsible for paying. Instead, the officer will be personally responsible and his or her private automobile insurance will likely apply.
Challenges in Car Accident Claims Involving an Arizona DPS Officer
Some people may believe that if they are in a crash with an Arizona DPS officer that they are then presumed to be at fault. This is not true. However, being in a crash with an Arizona DPS officer does pose certain challenges.
The most serious of these challenges is that the investigating officers will likely be other Arizona DPS officers. As a result, the investigating officers may be aligned with the officer involved in the crash. Worse yet, the investigating officers may personally know the officer involved in the car accident.
…being in a crash with an Arizona DPS officer does pose certain challenges.
As a result, the investigating officers may be biased. They may be inclined to believe the officer’s statement and version of events more than the civilian involved in the crash. After all, law enforcement officers have a duty to tell the truth and follow the law. This is especially true when reporting events to other law enforcement officers. Indeed, falsely reporting events could give rise to termination as a law enforcement officer and even criminal charges.
If the case involves an officer’s version of events against a civilian driver, it is very possible that the civilian driver may be wrongfully found at fault for causing the crash. In this sense, the civilian driver is facing an uphill battle when it comes to the finding of fault. In these crash situations, it is very important that unbiased witness statements are obtained. It is also important for any objective evidence to be marshalled and maintained.
An Advantage in Car Accident Claims Involving an Arizona Department of Public Safety Officer
However, there are some advantages in car accidents involving an on-duty Arizona Department of Public Safety officer. The biggest advantage is that the State of Arizona is responsible for any resulting injuries and damages. As a result, if someone is severely injured, there is no limit as to the amount they can recover from the responsible entity.
In other words, the State of Arizona can certainly afford to pay the bill. This is a distinct advantage to someone who is seriously injured. In most serious injury cases, the biggest problem is that the at-fault party does not have adequate means to pay. In car accident cases, the amount of recovery is usually limited to the available car insurance.
Most Arizonans maintain the minimum car insurance limits required by state law. For liability insurance that limit is $25,000 per person and $50,000 per accident. This means that a person seriously injured in a car accident by a driver with minimum state limits may only be able to recover $25,000 or less. This is despite how seriously injured the individual is.
An Additional Benefit in Car Accidents Caused by Arizona Department of Public Safety Officers
One additional benefit of a crash involving an Arizona DPS officer is that the accident should be thoroughly investigated. Causing damage to state property is a serious employment violation by a DPS officer. It is the type of conduct that could result in an officer being admonished, demoted or even terminated.
Often times, the damage to state property, including a patrol unit in a car accident, results in an internal affairs investigation. If the officer is found responsible for causing the crash, he or she will likely have a sustained finding of a violation of department policy and procedure. As a result, car accidents involving DPS officers are taken seriously.
Physical Evidence May be Analyzed More in a Crash With an Arizona Department of Public Safety Officer
Because a crash caused by an Arizona DPS officer is a serious employment issue, the crash may be investigated more than a crash between two civilians. This includes using drones to obtain aerial photographs of the scene. This also includes taking measurements of debris fields and tire skid marks. Accident reconstruction efforts will be undertaken in these accidents more frequently than what would occur in other non-fatality or non-serious injury crashes only involving civilians.
This also means that the data from the electronic data recorders of the vehicle may be downloaded and analyzed. An electronic data recorder from an automobile is like a “black box” for an airplane. It records relevant data prior to the crash. This includes everything from speed, braking, acceleration, seatbelt usage and emergency light activation.
Likewise, any dashcam from the officer’s vehicle will be reviewed and documented. Witness statements will be taken and recorded on body worn camera. The same is true for the officer involved in the crash and the other drivers.
The Arizona DPS Officer Claimed Our Clients Were At Fault
In the crash involving our clients, the officer involved claimed that he was not at fault. He falsely reported that it was our clients’ fault and that they failed to yield. He claimed that his radar had locked a vehicle travelling westbound in excess of the speed limit and that he activated his emergency lights, waited for traffic to clear and then executed a left turn to pursue the speeding vehicle.
Our clients maintained that the officer did not activate his overhead lights and simply attempted a turn directly in front of their vehicle. A motorcycle rider who observed the crash and stopped, also reported the same thing. A review of body worn camera supported the clients’ version of events and the AZDPS officer was found to be at fault for causing the collision.
A Notice of Claim Must be Served to Preserve a Car Accident Claim Against an AZDPS Officer
A notice of claim must be presented within 180 days of the crash in order to preserve a car accident claim against an Arizona DPS officer. If someone fails to timely serve the notice of claim, or include all the required information in it, that person will likley be precluded from recovering for their injury claim. In sum, that person will not be able to receive any compensation for the injuries and damages sustained in the crash.
Serving a proper notice of claim is difficult for those who are not legally trained. Even some attorneys have issues knowing where to serve it and what to include. There are cases that have interpreted and supplemented what is required under the statute. This includes the amount of specificity required and how to detail the amount demanded.
As such, for any car accident cases involving an Arizona DPS officer or the State of Arizona, it makes sense to consult with and retain an attorney early.
The case law interpreting the notice of claim requirements is not favorable to those who fail to meet those requirements with precision. Simply put, if you have a car accident claim against an Arizona DPS officer or the State of Arizona, you should consult with a skilled attorney who is familiar with the notice of claim process. You should do this early on so there is adequate time for the attorney to draft and present the notice of claim. As such, for any car accident cases involving an Arizona DPS officer or the State of Arizona, it makes sense to consult with and retain an attorney early.
Contact an Experienced Car Accident Attorney Today
The attorneys at Scottsdale Injury Lawyers have experience handling all sorts of car accident cases. This even includes car accidents caused by the negligence of law enforcement officers. If you or a loved one was involved in a car accident and sustained injuries, contact our office today. An experienced attorney is available now to discuss your case. A consultation is free and we only earn a fee if we recover a settlement or win the case.
About the author: The content on this page was provided by Scottsdale personal injury attorney and civil rights lawyer Tony Piccuta. Piccuta graduated with honors from Indiana University-Maurer School of Law in Bloomington, Indiana (Previously Ranked Top 35 US News & World Report). Piccuta took and passed the State bars of Arizona, California, Illinois and Nevada (all on the first try). He actively practices throughout Arizona and California. He is a trial attorney that regularly handles serious personal injury cases and civil rights lawsuits. He has obtained six and seven figure verdicts in both state and federal court. He has been recognized by Super Lawyers for six years straight. He is a member of the Arizona Association of Justice, Maricopa County Bar Association, Scottsdale Bar Association, American Association for Justice, National Police Accountability Project and Consumer Attorneys of California, among other organizations.
Disclaimer: The information on this web site is for informational purposes only and does not constitute legal advice. The information on this page is attorney advertising. Reading and relying upon the content on this page does not create an attorney-client relationship. If you are seeking legal advice, you should contact our law firm for a free consultation and to discuss your specific case and issues.
