A police no pursuit policy could affect your claim if you were hurt when officers were pursuing a fleeing suspect. A police chase crash often occurs at high speed and could lead to serious or catastrophic injuries. Fatal police pursuit collisions are not uncommon.
When you suffer injuries in a police chase crash, you want a car accident lawyer familiar with these cases managing your claim. These are unique, complex tort claims that require understanding and management of a very specific process and often a short timeline. In addition, other federal and state statutes could affect the case.
When Are Police Legally Responsible for a Pursuit Collision?
In most car accident cases, injured victims can file an insurance claim or lawsuit against the at-fault driver and recover compensation for their medical care, lost income, pain and suffering, and other damages. Most states require no-fault or auto liability coverage that pays for these injuries.
When the at-fault driver is a police officer, different laws apply. The liable party may be their employer, which is generally a government agency or municipality. Still, victims have rights. A tort claim against the city may be possible, for example.
This can be complicated by a no chase policy. To recover compensation when there is a no pursuit policy in place, this could require:
Showing the Officer Violated the No Chase Policy
Many departments have policies in place that prohibit police chases. Still, this does not stop all pursuits. If a police officer ignores this policy and engages a suspect in a chase, the department may still be legally responsible for that officer’s actions. This would include any resulting injuries, expenses, and losses.
Determining the Department Has Unclear Exceptions to a Pursuit Policy
Sometimes, a department will lack a pursuit policy, have a weak policy, or have vague exceptions that allow officers to pursue suspects without violating the official policy. This puts the officer, innocent bystanders, and the suspect in danger. If the benefit of capturing the suspect is not much larger than the risk imposed by the high-speed police chase, the officer should not continue the pursuit.
If they choose to unnecessarily continue the chase and cause an injury accident, the department or municipality could be liable.
Proving the Department Failed to Train Officers on the Policy
In areas where policies or customs authorize some or all police pursuits, the department has a duty to properly train its officers to manage these high-speed chases. If it fails to do so and an officer causes a collision, the department or municipality could be legally liable.
Demonstrating the Department Fails to Enforce Its No Pursuit Policy
Some departments have no chase policies in effect but fail to enforce them. The customs of the department continue as they did before the policy, and officers continue to pursue fleeing suspects. This usually leaves a trail of evidence, including numerous pursuits without follow-up disciplinary or corrective action.
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Could a Department With a No Pursuit Policy Still Violate My Federal Rights?
Monell liability provides a way to recover compensation in a police chase collision while also enacting change in the police department’s policies and enforcement. To win this type of case, your Monell claim lawyer must show that the department’s policies or customs violated your federal rights.
These cases generally occur in areas where the municipality or police department does not have a no pursuit policy or has a very weak chase policy. However, an attorney may be able to show that the police department failed to uphold its policy, did not properly teach the policy to officers, or made the policy too vague.
If your lawyer can demonstrate the department’s policies and customs violated your constitutional rights, you could recover compensation and demand it strengthen its policies under 42 U.S. Code § 1983.
Hire a Lawyer Well-Versed in Police Chase Injury Claims to Manage Your Case
The best way to understand how a police no pursuit policy will affect your police chase injury claim is to work with a personal injury attorney who has experience with similar cases. These cases involve strict processes, legal complexities, and tight deadlines. You do not want to try to manage this while healing from your injuries.
Your police chase injury attorney can assess your legal options based on the circumstances of the collision. This requires them to consider not only the evidence available in a typical crash but also to delve into:
- The police department’s pursuit policy
- When the policy changed and how the department updated officers about the change
- The training officers receive, including any manuals or coursework
- The department’s history of pursuits and chase accidents
- Whether officers received disciplinary or corrective action after violating the no pursuit policy
Navigating this process requires time, resources, experience, and skill. Your lawyer can put your mind at ease by handling all aspects of your case, including weighing your options and protecting your rights.
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Holding the Municipality Liable for Your Police Chase Injuries Requires a Solid Case
Developing a case against a police department or municipality is not easy, even if an officer clearly violated a no pursuit policy. Your attorney must gather evidence to show what occurred and how the officer’s actions caused your crash. Whether or not you pursue a case that demands a change in the department’s policies, you must have a strong case to demonstrate fault.
The evidence in these cases might be time sensitive. This could include eyewitness statements, video of the collision, and documentation of the crash scene. You should contact a personal injury attorney as soon as possible after your collision so they can begin developing your case.
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Connect With Our Police Chase Injury Accident Team for a Free Consultation
Jenner Law represents victims hurt in high-speed pursuit crashes. We understand how you can pursue and recover fair compensation for your injuries and will navigate the process on your behalf. Let us protect your rights and fight for justice. Contact us today to get started. Our initial consultations are always free, and we do not charge upfront fees to represent you.
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