Recently, an appellate court in another state released an opinion in a personal injury case discussing whether a police officer, plus the city entity that employed him, could be liable for injuries arising out of a car accident allegedly caused by the officer. In the end, the court determined that because the officer’s actions did not rise to the level of “reckless disregard,” the defendants were entitled to immunity.
The case presents an interesting issue for those who have been injured in a Florida car accident that was caused by a police officer or other government employer. For starters, Florida law does not provide government immunity as it is applied in this case. However, the Florida Tort Claims Act (FTCA) provides for a relatively low total recovery amount unless the plaintiff can establish the actions of the government employee exhibited a “willful disregard for human rights or safety.”
According to the court’s recitation of the facts, the defendant law enforcement officer received an emergency call and was en route to the scene when he was involved in an accident with the plaintiff. Both the plaintiff and the officer provided very different versions of what occurred, with the plaintiff claiming that the officer inexplicably struck her rear bumper. The plaintiff brought a personal injury claim against the police officer and the city entity that employed the officer.