Recently, a state appellate court released a written opinion in an auto accident personal injury case discussing the issue of government liability as it pertained to a car accident that was allegedly caused by a police officer while he was responding to an emergency call. The case is important to New Mexico personal injury plaintiffs because it illustrates how courts view claims against government entities. That being said, the New Mexico Tort Claims Act provides a more favorable legal landscape for accident victims.
The Case Facts
According to the court’s opinion, the plaintiff was seriously injured when she was struck by a police car that was responding to the scene an emergency call. The accident occurred when the police officer entered an intersection against a red traffic signal in an attempt to make a left turn. However, as the officer’s vehicle entered the intersection, it struck the plaintiff’s car. It was later determined that the plaintiff was not speeding and could not have seen the officer approaching the intersection given the road’s surroundings.
The plaintiff filed an injury lawsuit against the police officer along with the city where he was employed. The defendants claimed that they were entitled to government immunity because the officer had been responding to an emergency situation at the time, and his decision to enter the intersection against the red signal was a discretionary one, which was entitled to immunity under state law.