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

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.