VIRGINIA BEACH, Va. (WAVY) — Virginia Beach Police said one of its officers was responding to an incident in the city Monday evening when they crashed into another vehicle.
First responders rushed to the intersection of North Birdneck Road and Virginia Beach Boulevard around 7:45 p.m. Police said the officer involved had minor injuries and the driver of a truck was seriously hurt. They said both were taken to local hospitals.
10 On Your Side is working to learn how both of those people are doing Tuesday evening.
Steve Hammonds was driving for Uber when he pulled up to the intersection just moments before the crash.
“Well, I was driving for Uber at that point and picked a guy up from Burger King and he lived in the neighborhood right behind the shopping center where it went on,” he said.
His dashcam was on at the intersection and caught the crash on video.
“I could see the cop coming from a distance. Lights were on, sirens were blaring, and it was extremely bright, white light instead of just like the normal red and blue,” he said, recalling the crash. “And they swung it into the turn lane and I was watching. They were going fast, and that the truck came and … it just happened really fast.”
Hammonds and his Uber rider sat speechless as the black truck flipped right in front of them.
“The impact was extremely loud,” he said. “And it was just a big yell and people running to the truck immediately after it flipped, because the top side of the truck had kind of collapsed in on the driver’s side.”
Hammonds said the driver of that truck was able to get out of the passenger side door after the crash.
It has left multiple questions regarding whether anyone was at fault or if a lawsuit could be following.
John Fletcher with Tavss Fletcher, a 10 On Your Side expert, explained why it’s not that simple.
“You’ve ever heard the expression ‘You can’t sue City Hall?’ That’s true.,” said John Fletcher, who’s been practicing law for more than 40 years. “That’s what sovereign immunity is. Most municipalities, the state governments, are immune from suit if the activity giving rise to the claim is considered a governmental function as opposed to proprietary. If it’s a governmental function and police activity, public safety, is clearly governmental, then the city is immune.”
Fletcher concentrates in representing plaintiffs in personal injury, medical malpractice litigation and in criminal defense. He goes on to explain how gross negligence compared to ordinary negligence plays a factor.
“Let’s say, for example, the officer is approaching the light. It’s red. He slows down. He looks and just doesn’t see this truck and goes through cautiously. That would probably just be ordinary negligence,” he said. “If, on the other hand, he doesn’t slow down, he just arbitrarily blows through a red light at a high rate of speed without using any caution, that might be deemed to be gross negligence.”
Even in a situation of gross negligence, it would be a suit against the employee, not the city, although some cities have ordinances protecting employees facing suits from work-related instances.
As for Hammonds, he was just happy to hear everyone survived. He’s hoping both the truck driver and the officer make full recoveries, and is grateful he wasn’t involved.
“That was one of my nine lives,” he said about the truck flipping in front of him. “I pray that everybody that was involved in the accident is OK. I showed the video just to help you guys figure it out, and hopefully everything works out for everybody.”
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