Saw this on Facebook.

"A family member was in a accident a while back . It was a deputy in North Alabama that hydroplaned through a red light and hit them and totaled family members truck . The lawyer they talked to said there was nothing they could do about the county having to replace their truck because the deputy was covered by the state and did not have to replace their vehicle"

I was curious if it was true that they have no liability.

I don't think county or state vehicles are exempt from having liability insurance. The insurance company would replace the vehicle.

I don't know the law but believe there is a limit of liability. Homewood had an officer hit someone and caused serious injury. Injured party was not justly compensated if I remember right.

The State has what those pointy headed lawyers call " constitutional immunity" in the Alabama State Constitution.

And sheriffs and their deputies and jailors are considered "officers of the State" and therefor also have this immunity from civil liability under State law.

But the State also has purchased liability insurance to cover these auto accident claims so there should be an avenue for getting the property damage paid for.

Also the State Board of Adjustment exists for the purpose of compensating people for these situations where
the State has immunity and a State employee or officer was negligent but they cannot be sued in court because of immunity.

There is an administrative process for it:


http://bdadj.alabama.gov/Default.aspx

http://bdadj.alabama.gov/pages/about_us.aspx

http://bdadj.alabama.gov/pages/forms_instr.aspx

This is next-level BS.

An "agent /officer of the state" hydroplanes and hits someone. It's not his fault. Stuff happens, y'know? Unless he was speeding or doing a Bo Duke move or something, he was just driving and stuff happens.

Someone needs to reimburse the victim. The officer, the city-county-state, insurance, someone.

For all of them to say "Nope, sorry. We're protected!" for a legit accident and nothing at all happens is just wrong.

Not true.

X2

So an officer who is texting and driving and runs a red light and kills a family of four is immune to any recourse. Nice. In that case, why don't these "immune folks" run on down to the border and take care of that problem too.

Call The Alabama Hammer!!! I bet he'll know...lol

My wife got caught up in the middle of a shoot-out with a Mexican in December of 2012 in Oxford. Some of you may remember.

The cops had chased this guy after the Mexican had shot up a County Sheriff in Heflin. They ended up in Oxford and the Heflin Cop wrecked the Mexican into the back of my wife's car. The the Mexican get out of his car and tries to get into the back of my wife's car. The cops then proceed to shoot at the Mexican while he was standing beside the passenger window. (where my 10 year old daughter was sitting) He then goes to the next vehicle in line and the cop kneels in front of my wife's vehicle. The Mexican shoots the cop and my wife's vehicle with an AK-47. He then jumps into another car and speeds away. My wife got out of her car and stuck her hand inside the cops thigh (she's a nurse)to stop the bleeding and waited on cops/paramedics to show up.

All that being said; neither the Oxford or Heflin police and the Cleburne County Sheriff's department were at fault for wrecking my wife's vehicle, shooting my wife's car, and using her car for a shield. They all, from what I was told, are covered by a state-wide policy for any and all public service departments and none of them can or will be held liable for any damage they create. Their words were and I quote, "she was in the wrong place at the wrong time."

They wouldn't cover any of the expenses including our trips to the hospital for both my wife and daughter. They also wouldn't cover any vehicle claims. We had to pay our deductible. The only shining light was that it didn't go against our insurance.......

Now to be clear; I am 100% behind public servants and I truly appreciate what they do but.....that is BU!!SH!T!!!!!

Yes. It. Is.

I don't know of any state wide policy for LEO's or law enforcement departments city and county being exempt from liability. I just know that all state vehicles and ALEA agencies are self insured and are covered just like you and I. I'm sure Jawbone or doekiller could clear things up as far as what, when and how each instance is viewed for liability issues.

Big Game Hunter that situation with your wife and child is scary to say the least. And you are right ! That is someBULLSHIT!

In Alabama they are liable! I cant speak to NC law though. Alabama's amount of liability has a cap though I believe which is $100K. Most cities are either self insured or insured through The League of Municipalities. LEOs have limited immunity in certain circumstances, but not from auto accidents that are their fault.

I dont think the police should be responsible for what the actions of a mexican gangbanger caused. It's already bad enough we dont need police refusing to pursue suspects in violent crimes for fear of being sued because of what the criminal caused. there was a head on collision during a chase in Baldwin county are the cops responsible for chasing him or the criminal for not stopping?

GKelly re-read my post. I didn't say anything about suing or that cops shouldn't do their jobs. Just that they aren't liable for any damage they cause and that's bulldoodoo.

I would have preferred that they not put my wife and 10yo in the middle of the gunfight though but they didn't set the scene; only acted in it.....

Wouldn't that same department be the one to come investigate the accident and write the report and decide who is at fault? That's about as rich as the government investigating itself for corruption.

I’d call Alexander Shunnarah.

Police don’t determine fault in an accident. Their reports are not material to the decision as to liability.

Don't know about Law enforcement agencies, but county public works departments (or their insurance rather) pays property damage claims often when the department is at fault or negligent.

State of Alabama employees and certain constitutional officers, and this includes State police and State troopers, sheriffs and deputies CANNOT be sued (or held legally liable in court) for their acts of negligence that cause personal injury or property damage. This is a FACT. And it is based on a provision of the Alabama Constitution.

The only avenue for relief/compensation is the State Board of Adjustment.

One possibility for state court liabilty would be arguing that the deputy was not performing a discretionary function by running a red light. That could be one exception. Probably still won't work because the deputy is considered an extension of the sheriff who is a State constitutional officer.

County and municipal employees CAN be held liable in state court for their acts of negligence that cause injury or property damage. But the liability of the county or municipality is capped at $100,000.

The Supreme Court of Alabama has ruled that the $100,000 cap on the city or county government does not apply to the individual employee, based on the wording of the statutes on that subject.

At Common Law, cities and counties had sovereign immunity from civil liability.