Who is liable and what kind of damages (actual, general, punitive) are available
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Who is liable and what kind of damages (actual, general, punitive) are available
My friend was riding his motorcycle and was hit by a fire marshall on his way to a small (not life threatening) fire. The fire marshall ran a stop sign and had no lights or siren as corroburated by an independent witness. A NJ statute that exempts public employees from liability when on the job. Who is liable when the fire marshall did not stop for a posted stop sign and did not have on lights or siren. My friend had a broken foot, bruised elbow, bruised back and neck, scrapes and cuts. What kind of damages is he entitled to?
Asked on June 7, 2009 under Accident Law, New Jersey
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
We cannot completely give you a definitive answer to this question. Yes, indeed, oftentimes the laws indemnify the individuals for such liability. However, there are some laws that allow such a person to sue the municipality for negligence.
We cannot give you amounts herein because a) we don't represent you and b) haven't reviewed medicals, witness testimony, documents, etc.
Your best bet: locate an attorney who has experience in accident law and suing public entities. Try www.attorneypages.com and check his or her record at the New Jersey State Bar.
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