mardi 29 septembre 2015

Traffic Accidents: Is a City Liable for an Accident After its Employee Chases You

My question involves an injury that occurred in the state of: New Jersey

A city parks employee who does parks maintenance for the park chased me in a city registered and owned parks car for riding in the park on an illegal moped. I was on the street at the time and he chased me and I entered the park because I didn't know who was speeding up on me.

He entered the actual park on the grass with his parks vehicle where nobody is supposed to drive and I broke a bone and had shoulder injury. Witnesses are there to see what happened and he claimed I was riding fast in the park, and was very mad.

The moped is more like a bicycle with a small motor that I can turn on or off. The city employee is not parks police. He never said anything about a citizen arrest, I just saw a car behind me reving it's engine and I entered the park to get off the street as quickly as I could, and when his vehicle entered the park on the grass he pushed me into a tree from behind.

I have a couple of questions.

1) is the city responsible for his actions as an employee even though he is not parks police and he shouldn't be chasing people with the car. Can the city say they are not responsible for his actions because he shouldn't have done what he did, what he did was criminal, and doesn't have the authority to chase people and that was not his job to do that? Remember, I got injured in the park he works at and he said after the accident I was riding before in the park. He was also driving a city marked and registered parks car and was probably working at the time because he was using the car.

2) Since I was driving an illegal moped, a bicycle with a small motor, can he not be at fault because I was driving something illegal which gives him the right to stop me? Could he argue that I was riding in the park in the past many times and putting people in danger and he needed to stop me with force because I was a deadly threat or something? Remember, at the time I was in the street minding my own business, plus the fastest I can go is like 30-35MPH speed and the last thing I want to do is hit anything on a bike because I am basically on a bicycle and I will get hurt.


Traffic Accidents: Is a City Liable for an Accident After its Employee Chases You

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