Hit by a Police Car in Miami

Crashes involving Miami-Dade Police Department, Florida Highway Patrol, City of Miami Police, Coral Gables Police, and other South Florida law-enforcement vehicles are governed by Florida's sovereign-immunity statute. The case you may have is real — but the rules and deadlines are different from an ordinary motor vehicle crash.

Florida's Sovereign Immunity Framework

Florida Statute § 768.28 partially waives sovereign immunity for tort claims against state and local government entities, including police departments. The waiver comes with conditions:

• Pre-suit notice required to the appropriate government agency and to the Florida Department of Financial Services. The agency has up to 180 days to investigate before suit may be filed.
• Damage caps of $200,000 per person and $300,000 per incident. Damages above the cap can only be paid through a "claims bill" passed by the Florida Legislature.
• Three-year statute of limitations rather than the two-year private-defendant deadline.
• No punitive damages are available against government entities.

Emergency-Response Driving Privileges

Florida Statute § 316.072(5) gives police drivers responding to emergencies certain privileges — proceeding past stop signals, exceeding speed limits when not endangering life or property, and disregarding direction-of-movement regulations. These privileges apply only if the officer is using emergency lights and siren (with narrow exceptions for stealth pursuit) and continues to drive with "due regard" for the safety of others. The privileges do not protect officers who drive recklessly or with gross negligence.

Police Pursuit Crashes

One of the most common Miami police-vehicle scenarios is a high-speed pursuit ending in a crash that injures a third-party driver, passenger, or pedestrian. Florida courts have held municipal pursuit policies and the officer's adherence to them to be relevant to whether the pursuit was conducted with reasonable care. Pursuit-crash cases turn heavily on the underlying offense (was a high-speed pursuit reasonable for a non-violent traffic infraction?), the speed and duration of the pursuit, the road and weather conditions, and the level of supervisory authorization.

Federal Civil Rights Claims (Section 1983)

If the crash arose from conduct that also violated your federal constitutional rights — for example, an excessive-force incident or a deliberate ramming — a separate federal claim under 42 U.S.C. § 1983 may be available. Section 1983 claims are not subject to Florida's sovereign-immunity damage caps, can include attorney's fees under 42 U.S.C. § 1988, and have a four-year statute of limitations in Florida. These cases are technically demanding and often turn on questions of qualified immunity.

Evidence to Preserve

• Dashcam, body-worn camera, and any third-party surveillance footage
• Dispatch recording, CAD record, and pursuit log
• The police vehicle's onboard data — speed, brakes, lights, siren
• The officer's training, prior-incident, and disciplinary file
• The department's pursuit policy and use-of-force policy
• Any internal-affairs investigation file

The Pre-Suit Notice Process Under § 768.28(6)

You cannot file suit against any Florida law-enforcement agency until you have served a written notice of claim on (a) the agency itself and (b) the Florida Department of Financial Services. The notice must be in writing, must identify the claimant and the incident, and must demand a sum. The agency then has up to 180 days to investigate. Suit cannot be filed during that window. If the claim is denied or 180 days pass without resolution, you may file. The notice must be served within the three-year sovereign-immunity limitations period (or two years in wrongful death cases). Missing the notice requirement is a complete bar to recovery, no matter how clear the liability or how severe the injury.

The First 24 Hours After a Police Vehicle Crash

1. Call 911 and ensure a Florida Traffic Crash Report is generated — even if the police vehicle's own agency is the responding agency, an independent report should be created and an outside agency may need to investigate to avoid the appearance of conflict.
2. Photograph the police vehicle and the scene — every angle, the agency markings (Miami-Dade Police, FHP, City of Miami Police, Coral Gables, Hialeah, etc.), the unit number, the position of vehicles, and any traffic-control devices.
3. Identify witnesses immediately. Get phone numbers, not just names.
4. Get medical evaluation the same day. Florida's PIP statute (§ 627.736) requires evaluation within 14 days to preserve $10,000 in no-fault benefits.
5. Do not give a recorded statement to internal affairs, the agency's risk-management office, or any insurance carrier.
6. Request the dashcam, body-worn camera, and any in-car video through a written public-records request (and have counsel send a preservation letter). These recordings have short retention windows under agency policy.
7. Preserve your damaged vehicle, bicycle, helmet, or clothing until counsel inspects them.

Sovereign Immunity Damage Caps

The $200,000 per-person / $300,000 per-incident cap under § 768.28(5) is the most important practical limitation in a police-vehicle case. For a catastrophic injury, the medical costs alone will exceed the cap. Recovery above the cap is possible only through a "claims bill" — a Florida Legislature process that is slow, political, and uncertain. Counsel handling these cases must structure the matter to fully use the cap, identify any private parties who may share liability (a third-party driver, a contractor whose conditions contributed to the crash), and evaluate collateral coverage such as UM/UIM, MedPay, and commercial insurance that may supplement the recovery.

The "Due Regard" Standard

Even on a legitimate emergency response, § 316.072(5)(d) requires officers to drive with "due regard" for the safety of others. An officer running a red light at speed during a routine call, with no audible warning, and striking a vehicle that had the right of way will not be protected by the statute. Cases turn on the actual urgency of the call, dispatch context, speed, intersection control, lights and siren operation, departmental policies, and the officer's training and prior driving history. Police-pursuit cases add the further question of whether the pursuit itself was reasonable under the agency's pursuit policy — many South Florida departments prohibit pursuits for non-violent misdemeanors and require supervisor authorization for ongoing pursuits.

Section 1983 Claims in Detail

Where the crash arose from conduct that also violated your federal constitutional rights, a separate claim under 42 U.S.C. § 1983 may be brought in federal or state court. Common examples include intentional ramming during an unjustified stop, excessive force during a stop that involved a vehicle collision, or pursuit conduct so egregious it shocks the conscience. Section 1983 claims have a four-year statute of limitations in Florida, allow attorney's fees under 42 U.S.C. § 1988, allow uncapped compensatory damages, and in some cases allow punitive damages against individual officers. Cities can also be sued under Monell v. Department of Social Services where the constitutional violation was caused by an official policy, custom, or failure to train. These cases are technically demanding and frequently turn on qualified immunity, which protects officers from liability unless they violated clearly established constitutional rights.

Pursuit Crashes and Innocent Third Parties

One of the recurring South Florida scenarios involves a police pursuit that ends with the suspect's vehicle striking an innocent driver, passenger, or pedestrian. Florida courts evaluate whether the pursuing officers conducted the pursuit with due care, considering the seriousness of the original offense, the speeds involved, the road and weather conditions, the level of supervisory authorization, and adherence to the department's pursuit policy. Whether the pursuit itself proximately caused the third-party crash is often vigorously contested. Counsel will obtain the pursuit log, dispatch tapes, supervisor authorizations, and the department's written pursuit policy as foundational evidence.

Comparative Fault Under § 768.81

Since March 2023, Florida applies modified comparative negligence. If the jury finds you more than 50% at fault, you recover nothing. At 50% or below, your damages are reduced by your percentage of fault. The 50% bar applies on top of the § 768.28 caps in state-law claims (but does not apply in § 1983 claims, which follow federal damages rules).

Damages Available

• Past and future medical expenses
• Past and future lost wages and loss of earning capacity
• Future life-care needs in catastrophic cases
• Pain and suffering, mental anguish, and loss of enjoyment of life
• Disfigurement and scarring
• Loss of consortium for the injured person's spouse
• Wrongful death damages under § 768.16 et seq.
• For sovereign-immunity claims: subject to the § 768.28 cap; no punitive damages
• For § 1983 claims: no cap; punitive damages possible against individual officers; attorney's fees recoverable

Common Defense Tactics

• "It was an emergency response — the officer is immune." We respond with the actual dispatch context, speed, intersection conditions, and signal operation measured against the "due regard" standard.
• "The plaintiff failed to yield to the lights and siren." Scene photographs, witness statements, traffic-camera footage, and dashcam audio establish whether signals were actually active and audible to the plaintiff.
• "Qualified immunity bars the § 1983 claim." Counsel must identify specifically established constitutional rights and prior decisions putting the officer on notice that the conduct was unconstitutional.
• "The pursuit policy was followed." The written policy is obtained and compared against the actual conduct of the pursuit.

Frequently Asked Questions

How long do I have to file?

Three years for sovereign-immunity claims, two years for wrongful death, four years for § 1983 claims. The pre-suit notice requirement applies to state-law claims, not to § 1983 claims.

Can I recover more than $200,000 from the agency?

Only through a claims bill in the Florida Legislature, which is slow and uncertain. A § 1983 claim against the city or the individual officer is not subject to the cap, and counsel will evaluate whether the facts support such a claim.

What if the officer was off duty?

The analysis changes. An officer using a personal vehicle while off duty is typically treated as a private driver, not a government actor. The sovereign-immunity statute does not apply, but the officer's personal auto coverage does.

Should I talk to internal affairs?

No. Refer all communications to your lawyer. Any statement you give can and will be used in the case.

What does it cost to hire your firm?

Nothing upfront. We handle police-vehicle cases on a contingency-fee basis and advance all costs of investigation, expert witnesses, and litigation. You owe nothing unless we recover.

If you have been hit by a police car in Miami-Dade, Broward, or Monroe County, contact the Law Offices of Albert Goodwin promptly — sovereign-immunity notice deadlines apply. Call 786-522-1411 or email [email protected] for a free consultation.