Two Rocky Mount law enforcement officers sustained injuries when they were dragged by a drunk driver who then led them on a high-speed pursuit before crashing into a house on Sunday, September 24th. The incident took place at about 3:05 a.m. in the 3100th block of West Gypsy Trail when police officers responded to a call regarding a suspicious pickup truck.
Are Police Officers Allowed to File a Lawsuit For a Work-Related Injury?
Upon their arrival, officers noticed a pickup truck remaining stopped at a stop sign, directly facing a house with its headlights on. When they attempted to speak with the driver, the officers observed that the man was clearly under the influence.
During his conversation with the officers, the intoxicated driver shifted into drive and fled the scene at a high rate of speed with both responding officers partly inside the vehicle.
One officer was stuck and ended up being dragged down the road before falling free of the truck. The second officer was knocked onto the asphalt as the driver peeled out.
Before the injured officers could return to their squad car and pursue the suspect, he crashed into a house located at 1267 W. Raleigh Blvd. He was then taken into custody.
If you sustained injuries caused by an intoxicated driver, the North Carolina car accident attorneys at Shapiro, Washburn & Sharp can help you establish liability and protect your right to financial compensation. Call us today to schedule your free consultation.
Firefighter’s Law
A basic tenet of personal injury law is that you cannot recover damages if you assume the risk of injury. For instance, if you go to a ballpark to watch a game, you assume the risk of being struck by a foul ball. Likewise, if a homeowner’s negligence causes a house fire and a fireman is injured while working to contain the fire, they will most likely be unable to bring an injury claim against the homeowner. This is because the fireman has assumed the risk of the potential injuries involved in fighting fires. This same principle also applies to law enforcement officers.
Are There Any Circumstances Under Which Police Officers Can File a Personal Injury Lawsuit?
The job of a police officer is not always straightforward and they often endure unrelated to the reason for their presence on the scene. The law states that the assumption of risk does not extend to a deliberate injury or any injury arising from wanton and willful conduct.
So, the Firefighter’s Law actually inflicted injustice on police officers because the party responsible for creating the hazardous condition experienced absolutely no consequence for their misconduct, while the police officer was subject to significant limitations in terms of economic recovery.
In an effort to rectify this, exceptions to the Firefighter’s Law were enacted. The statute now permits civil lawsuits to be brought by firefighters and police officers in cases where:
- The injury was the result of an intentional act
- The conduct was not intentional but took place after the individual was aware of or should have been aware of the presence of the police officer
- The conduct occurred after the individual was aware of or should have been aware of the presence of the police officer, and they violated regulations, ordinances, or statutes intended to protect the police officer.
These exceptions to the Firefighter’s Law are vital. North Carolina firefighters and law enforcement officers risk their lives on behalf of the public every day. Like those they serve, they should be entitled to recover damages for injuries they sustain caused by the unlawful or negligent actions of others.
Talk to a North Carolina Personal Injury Lawyer
If you were injured due to someone else’s negligent or malicious actions, the experienced attorneys at Shapiro, Washburn & Sharp can help you get the justice and compensation you deserve. Schedule a free consultation with one of our experienced North Carolina personal injury lawyers by calling (833) 997-1774 or filling out or simple online form today.