What happened

A driver was killed in Hialeah when his vehicle collided with a Hialeah Police Department cruiser near the intersection of East 5th Avenue and Hialeah Drive. The two officers inside the cruiser were injured and airlifted to Jackson Memorial Hospital.

Hialeah police and the Miami-Dade County State Attorney’s Office are investigating the collision. As of this writing, authorities have not released details about how the crash happened, who may have been at fault, or what the officers were doing at the time. The facts in this post come from coverage of the Miami Herald’s reporting on the crash.

When a crash involves a government vehicle, different rules apply

Most car accident claims in Florida are filed against the at-fault driver’s insurance company. But when a city police cruiser — or any government-owned vehicle — is involved, Florida’s sovereign immunity law (Florida Statute § 768.28) changes the process in important ways.

First, a mandatory pre-suit notice. Before a lawsuit can be filed against a city or its police department, a formal notice of claim must be presented to the agency and to the Florida Department of Financial Services — generally within three years of the crash. The agency then has time to investigate and respond before any lawsuit may proceed. Miss this notice, and the claim can be barred no matter how strong the facts are.

Second, damage caps. Florida law limits recovery against a government agency to $200,000 per person and $300,000 per occurrence. A jury may award more, but collecting anything above the cap requires a claims bill passed by the Florida Legislature — a long and uncertain process.

Third, deadlines arrive faster than many families expect. A wrongful death claim in Florida must generally be filed within two years of the death (Florida Statute § 95.11(4)(d)), and the standard negligence deadline is two years as well. These clocks keep running while the official investigation is still underway, so waiting for “answers” before getting legal advice can cost a family its rights.

What to do after any serious crash

  • Call 911 and get medical help immediately, even if injuries seem minor.
  • Document the scene: photos, witness names and phone numbers, and the responding agency’s case or report number.
  • Get the official crash report as soon as it is available.
  • Do not give a recorded statement to any insurance company before speaking with an attorney.
  • Contact a personal injury attorney promptly so evidence is preserved and notice deadlines are met.

Our thoughts are with everyone affected by this crash.

If you or a loved one has been injured in a crash in Miami-Dade or Broward County, Tacher Law offers a free consultation. Call +1 (305) 644-2211 or reach us through our contact page. Tacher Law, 16445 Collins Avenue, Suite 1625, Sunny Isles Beach, FL 33160.