When officers engage in reckless police chases, the odds of a dangerous collision increase dramatically. If you were hurt after a police car hit you during a chase, you may be entitled to financial compensation.
Holding police departments and the cities that oversee them responsible can be difficult, thanks to the qualified immunity they enjoy. However, you might have a valid case for compensation with the help of a Monell claim lawyer.
You May Have the Opportunity to Sue the Government Following a Police Chase
In most situations, an employer is liable for the negligence of their workers when they are acting within the scope of their employment. While this is true in the private sector, government entities enjoy sovereign immunity from these lawsuits. This dramatically limits your ability to sue a municipal government even when the police are responsible for your accident.
That does not mean you are out of options. You could have the opportunity to pursue what is known as a Monell claim—a lawsuit against the government based on the violation of your constitutional rights by an official policy or procedure. In order for your lawsuit to be successful, you will need to provide proof that the department’s policy on pursuing fugitives resulted in the loss of your rights. An isolated action by a police officer will likely not count.
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Developing a Successful Police Pursuit Claim
There are three important elements you will need to prove for your police car accident claim to be successful. First, you must establish that the police agency involved in your accident had a policy or procedures for the pursuit of suspects. Second, you must show that your constitutional rights were violated by the government. Finally, there must be a link between your injuries and the dangerous policies adopted by the police.
First, the police department must have some kind of official policy in place related to the pursuit of fleeing suspects. While they are usually written policies that have been formally adopted, informal processes and procedures can also count.
One of the most challenging aspects of these cases is establishing that your civil rights were violated due to the policy or procedures of the police. Often, this is done by highlighting the lack of safeguards in place to protect the public from reckless behavior. If the policy instituted by law enforcement allows police officers to use any means necessary to stop a criminal, it is likely to put the public’s safety at risk.
The final element is known as causation. This is the link between your injuries and the dangerous policies adopted by the police. Establishing this link can be difficult without the support of legal counsel.
Are Police Pursuit Policies Common?
The vast majority of police departments in the United States have a written policy for pursuing a suspect. According to the Bureau of Justice Statistics (BJS), every state police and high patrol agency in the country has had a pursuit policy since at least 2013. This could be a “no chase” policy or a policy that simply limits when law enforcement officers should continue a chase.
The nature of these policies has evolved in recent years. According to reporting from Stateline, a number of state governments have enacted legislation limiting the ability of law enforcement to engage in police chases in certain situations. This was part of a larger attempt to update police tactics in the wake of a number of high-profile officer-involved fatalities.
However, that same reporting notes that a number of states, districts, and municipalities —including Florida and Washington, D.C.—have rolled back these restrictions in recent years in an effort to better combat crime. This has opened the door for the police in some jurisdictions to enact aggressive policies for pursuits.
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What Are Police Chase Accident Claims Worth?
For someone who has been injured after being struck by a police car during a high-speed chase, it is natural to wonder what their claim might be worth. A settlement could provide for your mental, emotional, and physical losses stemming from the crash.
Your personal injury attorney cannot promise that your case will be successful or that you are entitled to a specific amount of money. They can answer any questions you have about the strength of your claim or the types of damages you may be entitled to recover. Some common examples include the following:
Medical Expenses
From traumatic brain injuries to broken bones, the aftermath of a high-speed chase collision can be devastating. The cost of treating these injuries is also frequently overwhelming. Recovering these expenses may be possible through a successful legal claim.
Pain and Suffering
The physical and emotional pain resulting from a serious injury can also serve as the basis for financial compensation. While there is no objective way to measure pain, the right attorney can establish the value of these claims.
Property Damage
In addition to your bodily injuries, you may also be entitled to compensation for your damaged property. A successful claim could help you recoup the cost of replacing or repairing your vehicle.
Lost Wages
Missing work is common after a serious accident. This can lead to a sudden loss of income at a time when you are facing unexpected medical costs. A successful police chase crash claim could provide you with both past and future lost wages.
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You Could Recover a Monetary Award After Being Struck By a Police Car During a Chase
If your rights were violated during a police chase, now is the time to act. The team at Jenner Law can answer your questions and assist you every step of the way. Police car accident claims are complex, but successfully recovering damages from the municipal government may be possible.
Your claim depends on proving that a policy or procedure adopted by the police is what led to your accident. Our car accident lawyers know how to build a winning case from the ground up. Contact us today for a free consultation.
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