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Victim of accident involving Albuquerque police chief files lawsuit

Video above: Todd Perchert, the victim of the February 2024 crash involving Albuquerque Police Chief Harold Medina, is suing the City of Albuquerque as well as the police chief for negligence, citing personal injury, violations of the New Mexico Tort Claims Act, violations of the New Mexico Civil Rights Act and “spousal loss.” Perchert's wife, Danielle, is also suing. The 20-page lawsuit was filed in 2nd District Court on Monday, August 26. It alleges, “Defendant Harold Medina struck and/or assaulted Todd Perchert by driving at a high rate of speed and violently colliding with Plaintiff's vehicle.” “It remains to be seen whether all of these claims will hold up in court. A lot could happen. The case could settle. The case could go to a jury. Either way, this is going to be a case that a lot of people are paying attention to,” said John Day, KOAT legal expert. MORE: Victim of crash involving Albuquerque Police Chief demands accountabilityBackgroundAccording to Albuquerque Police, Police Chief Medina witnessed a physical altercation between two men shortly before he and his wife were placed “in the direct line of fire and imminent danger.” An APD spokesperson stated that a firearm was drawn and shots were fired. Medina then accelerated forward in his unmarked black APD Ford truck and struck Perchert's gold 1966 Ford Mustang as it was traveling eastbound on Central.Related: Investigation into shooting and crash involving Albuquerque Police Chief Harold MedinaUpdate on Perchert's injuries”Todd is still in a great deal of pain from his severe injuries, daily pain that he deals with. He will tell you he still feels the metal in his body, is recovering from the surgeries and continuing treatment,” Alejandro Acosta, an attorney with Tawney, Acosta & Chaparro PC, told KOAT. “It is a struggle every day for him to continue the life that was taken from him before the accident. We are leaving it to the civil legal system to get justice for Mr. Perchert.” MORE: Fleet Crash Board: Chief Medina’s accident was ‘not preventable’ Perchert’s injuries: Broken collarbone and shoulder blade. 8 broken ribs (reconstructed with titanium plates after surgery). Collapsed lung. Lacerations to left ear and head. Multiple lacerations to face. Seven-hour surgery. In the hospital for nearly a week with an epidural pain medication and chest tube. Report: APD chief did not have body camera on after accident “The accident victim is filing a civil lawsuit alleging that Chief Medina — the plaintiff, the injured person — suffered serious physical injuries and damages in this accident. The driver says, 'Look, you destroyed my classic Mustang. I ended up in the hospital with serious injuries. This impacted my life and because of this, the city has to pay me money,'” Day said. “He outlined in his lawsuit what his physical damages are. He's also basically seeking what we call hedonistic damages, which is the loss of enjoyment of life — he had to endure the pain and suffering of the accident and the aftermath, which cost him in addition to his car,” Day said.Albuquerque Police Department StatementKOAT has reached out to APD regarding the civil lawsuit. A spokesperson for the department sent us the following statement: “We will respond to the allegations in court.” — Gilbert GallegosCity of Albuquerque/Mayor Tim Keller's Office StatementWe have reached out to Mayor Tim Keller's office regarding the civil lawsuit. A spokesperson for his office sent us the following statement: “We recognize the hardships Mr. Perchert and his wife have endured since the accident and trust that the proceedings will be fair and appropriate.” – Ava MontoyaStay up to date with the latest news with the KOAT app, which you can download here.

Video above: Todd Perchert, the victim of the February 2024 crash involving Albuquerque Police Chief Harold Medina, is suing the City of Albuquerque and the police chief for negligence, citing personal injury, violations of the New Mexico Tort Claims Act, violations of the New Mexico Civil Rights Act, and “loss of consortium.”

Perchert's wife Danielle also filed a lawsuit.

The 20-page lawsuit was filed in 2nd District Court on Monday, August 26. It alleges, “Defendant Harold Medina struck and/or assaulted Todd Perchert by driving at a high rate of speed and violently colliding with Plaintiff's vehicle.”

“It remains to be seen whether all of these claims will hold up in court. A lot of things could happen. The case could settle. The case could go to a jury trial. Either way, this is going to be a case that a lot of people are paying attention to,” said John Day, legal expert at KOAT.

MORE: Victim of Albuquerque traffic accident demands accountability

background

According to Albuquerque Police, Chief Medina witnessed a physical altercation between two men shortly before he and his wife were placed “in the line of fire and in immediate danger.” An APD spokesman said a gun was drawn and shots were fired. Medina then accelerated in his unmarked black APD Ford truck and struck Perchert's gold 1966 Ford Mustang as Perchert was traveling east on Central.

Related: Investigation into the shooting and accident of Albuquerque Police Chief Harold Medina

Update on Perchert's injuries

“Todd is still in a lot of pain due to his severe injuries, dealing with pain on a daily basis. He will tell you he still feels the metal in his body, recovering from the surgeries and continuing treatment,” Alejandro Acosta, attorney with Tawney, Acosta & Chaparro PC, told KOAT. “It is a struggle for him every day to continue the life that was taken from him before the accident. We will leave it to the civil legal system to get justice for Mr. Perchert.”

MORE: Fleet Crash Board: Chief Medina’s accident was “unavoidable”

Perchert's injuries

  • Collarbone and shoulder blade fracture
  • 8 broken ribs (reconstructed with titanium plates after surgery)
  • Collapsed lung
  • Cuts on left ear and head
  • Multiple cuts on the face
  • Seven-hour operation
  • Almost a week in hospital with epidural pain therapy and chest drainage

Report: APD chief did not switch on body camera after accident

“The accident victim is filing a civil lawsuit alleging that Chief Medina – the plaintiff, the injured person – suffered serious physical injuries and damages in this accident. The driver says, 'Look, you destroyed my classic Mustang. I ended up in the hospital with serious injuries. This has impacted my life and that's why the city has to pay me money,'” Day said.

“He has outlined in his lawsuit the extent of his physical damages. He is also essentially claiming what are known as hedonistic damages, that is, the loss of enjoyment of life – the pain and suffering caused to him by the accident and its aftermath, as well as the loss of his car,” Day said.

Albuquerque Police Department Statement

KOAT has reached out to APD regarding the civil lawsuit. A spokesperson for the department sent us the following statement:

“We will respond to the allegations in court.” — Gilbert Gallegos

Statement from the Office of Mayor Tim Keller/City of Albuquerque

We reached out to Mayor Tim Keller's office regarding the civil lawsuit. A spokesperson for his office sent us the following statement:

“We recognize the hardships Mr. Perchert and his wife have endured since the crash and trust that the process will be fair and appropriate.” – Ava Montoya

Stay up to date with the latest news with the KOAT app. You can download it Here.