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 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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