Can You Sue a Law Enforcement Agency If You Were Injured by an Officer During an Emergency Response?
KEY QUESTION
If a police officer injures or kills someone while driving to an emergency,
can the victim’s family sue the officer and the county that employs them?
Under West Virginia law, YES.
What Happened in Martinsburg on August 3, 2024?
On August 3, 2024, Berkeley County Sheriff’s Deputy Gage Clark was dispatched for crowd control at a fire at the Riverbend RV Park in Falling Waters, West Virginia. While responding, Deputy Clark turned onto W. King Street in downtown Martinsburg and accelerated his sheriff’s vehicle to seventy (70) miles per hour, nearly three times the posted speed limit of 25 mph, in a residential area.
At the intersection of W. King Street and S. Illinois Avenue, Christopher Dodrill was riding as a passenger in a 2018 Toyota Camry driven by Peter Christensen. After coming to a complete stop at the stop sign, Mr. Christensen proceeded into the intersection. Deputy Clark’s cruiser, still traveling at 51 mph at the moment of impact, more than twice the speed limit, violently T-boned the driver’s side of the Camry. Peter Christensen died at the scene. Christopher Dodrill suffered catastrophic injuries and, after weeks in multiple hospitals including Ruby Memorial in Morgantown and UPMC Western Maryland, died on November 18, 2024.
According to the public complaint filed in Berkeley Circuit Court (Case No. CC-02-2025-C-532), the Berkeley County Sheriff’s Department then investigated its own deputy’s crash, rather than delegating the investigation to the West Virginia State Police or the Martinsburg Police Department, both of which had responded to the scene. Sgt. Ritchie of the Berkeley County Sheriff’s Department ultimately concluded that Deputy Clark had committed no violations of West Virginia law, a conclusion the complaint sharply disputes.
As reported by Legal News Line (November 10, 2025), Carolyn Weigle, Christopher Dodrill’s mother and administratrix of his estate, filed a formal complaint against the Berkeley County Commission, Deputy Gage Clark individually, and the estate of Peter Christensen. Attorneys Sam Madia and Wes Prince of Madia Law Firm represent the Estate of Christopher Dodrill and Carolyn Weigle in the pending action currently before Circuit Judge Michael Lorensen in Berkeley County Circuit Court (Case No. 25-C-532).
The “Emergency Response” Defense And Why It Has Limits
Many people assume that law enforcement officers can do whatever they want when responding to an emergency, and that there is no legal recourse if something goes wrong. That assumption is wrong under West Virginia law.
West Virginia Code § 17C-2-5(d) governs emergency vehicle operation. While it does grant officers certain exemptions from traffic laws when responding to emergencies, such as proceeding through red lights or exceeding speed limits, it explicitly preserves the duty of due care. As the West Virginia Supreme Court confirmed in Syl. Pt. 4, Peak v. Ratliff, 185 W. Va. 548 (1991), and Syl. Pt. 2, Miller v. Allman, 240 W. Va. 438 (2018), officers must still exercise due care to avoid collisions even while responding to emergencies.
In plain language: the badge and the sirens do not give an officer unlimited license to drive recklessly through residential neighborhoods at nearly three times the speed limit.
Can You Actually Sue a County Sheriff’s Department in West Virginia?
Yes, and West Virginia has a specific legal framework for it.
The West Virginia Governmental Tort Claims and Insurance Reform Act
Under W. Va. Code § 29-12A, political subdivisions of the state, including county commissions, are not immune from liability for the negligent acts of their employees performed within the course and scope of employment. This is known as vicarious liability: when a deputy negligently operates a county vehicle, the county itself can be held responsible.
When Is a Deputy Personally Liable?
Under W. Va. Code § 29-12A-5(b)(2), an individual officer loses immunity when their conduct is reckless. The Dodrill complaint alleges exactly that, that Deputy Clark’s decision to drive 70 mph through a residential downtown area was not a reasonable emergency response, but a conscious, wanton disregard for human life that crossed the line from negligence into recklessness.
As a result, the complaint pursues three distinct legal theories, and each matters for victims in similar situations:
- Count I — Negligence: Both Deputy Clark and Peter Christensen owed Christopher Dodrill a duty of care in the operation of their vehicles.
- Count II — Recklessness (Clark only): Clark’s conduct exceeded ordinary negligence, exposing him to individual liability and the estate to punitive damages.
- Count III — Negligent Training and Supervision: The Berkeley County Commission knew or should have known that Deputy Clark needed additional training to safely operate his vehicle on emergency calls.
What Damages Can a Family Recover?
Under the West Virginia Wrongful Death Act (W. Va. Code § 55-7-6), the family and estate of Christopher Dodrill may pursue:
- Compensation for the extreme pain, suffering, and mental anguish Christopher experienced before his death
- Medical expenses from Berkeley Memorial Hospital, Ruby Memorial Hospital, Acuity Specialty Hospital, and UPMC Western Maryland
- Funeral and burial expenses
- Lost wages and loss of earning capacity
- Loss of household services
- Sorrow, mental anguish, and loss of companionship, comfort, guidance, and care suffered by Christopher’s mother and other beneficiaries
- Punitive damages against Deputy Clark for his reckless conduct
- Pre- and post-judgment interest, attorney fees, and costs
Why This Case Matters Beyond Berkeley County
This lawsuit raises a question that affects families across West Virginia every day: what happens when the people sworn to protect the public cause the very harm they are supposed to prevent?
The crash that killed Christopher Dodrill and Peter Christensen was not caused by a criminal, a drunk driver, or a natural disaster. It was caused by a government employee operating a government vehicle, with lights and sirens running, at nearly three times the speed limit through a downtown residential neighborhood. And yet the employing agency investigated itself and found no wrongdoing.
Families in these situations often feel powerless. Many assume that suing a sheriff’s department or county commission is impossible, or that government immunity means there is no path to accountability. West Virginia law says otherwise.
Injured by a Law Enforcement Officer?
Here is what you should know:
West Virginia law protects your right to seek accountability, even when the at-fault party wears a badge.
What Should You Do If You or a Family Member Was Injured in a Police Vehicle Crash?
- Act quickly. West Virginia has strict statutes of limitations on civil claims, and claims against government entities can have additional filing requirements and deadlines.
- Document everything. Preserve medical records, accident reports, photographs, and witness information.
- Do not assume immunity bars your claim. As this case demonstrates, government immunity has clear exceptions under West Virginia law.
- Consult an attorney with experience in government liability. These cases require knowledge of the Governmental Tort Claims Act, wrongful death law, and emergency vehicle statutes, not just general personal injury law.
About Madia Law Firm
Madia Law Firm, PLLC is a West Virginia personal injury law firm based in Morgantown, representing injured individuals and families throughout the state. Attorneys Sam Madia and Wes Prince represent the Estate of Christopher Dodrill and Carolyn Weigle in the pending action currently before Circuit Judge Michael Lorensen in Berkeley County Circuit Court (Case No. 25-C-532).
The firm handles wrongful death, car accidents, catastrophic injuries, and other serious personal injury matters. Consultations are always free.
FREE CONSULTATION, CALL NOW
(304) 878-7489
Madia Law Firm • Morgantown, West Virginia
DISCLAIMER
This article is for general informational and educational purposes only. It is based on publicly filed court documents (Berkeley County Circuit Court Case No. CC-02-2025-C-532) and published media coverage. Nothing in this article constitutes legal advice, and no attorney-client relationship is formed by reading it. If you have a specific legal matter, please consult a qualified West Virginia attorney.