A no chase policy restricts or prohibits high-speed police pursuits. Many departments now have these policies to protect officers, suspects, and the general public. The risks of high-speed police pursuits are rarely worth the benefits, especially for those who suffer injuries in a police chase crash.
Understanding your local police department’s chase policy is vital to determining who is liable and what options you have following a pursuit collision with injuries. You want to work with a car accident lawyer who understands these policies and how these cases work.
How do No Chase Policies Work?
Each police department adopts its own policies and customs, providing training and oversight to ensure officers understand how to react when a suspect flees. Some states also have laws to guide municipalities when structuring their policies.
No chase policies could:
- Restrict all high-speed pursuits
- Just limit when or where officers can pursue a suspect
- Only allow pursuits when:
- The person is a suspect in a serious crime, often a felony or violent crime.
- The pursuit is on a roadway where high speeds are common, and there is room for other drivers to get out of the way.
- The pursuit does not require passing through numerous intersections.
- There are other reasons why the chase does not pose a significant threat to the public.
It is important to note that no chase policies do not always stop all police pursuits. This includes some high-speed pursuits in risky areas. Police chase crashes can occur in areas with no chase policies, causing catastrophic or fatal injuries. The more exceptions allowed in the department’s policy, the more likely dangerous high-speed police pursuits become.
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Why do Police Departments Adopt No Chase Policies?
The public generally accepts that sometimes police officers must chase dangerous criminals to apprehend them and protect the public from their bad behavior. However, a department’s pursuit policy should not put innocent bystanders at risk. Without thoughtful policies, clear customs, and thorough training, pursuits frequently put the public, officers, and those fleeing in danger.
When a professional police officer continues a pursuit when it is unnecessary to do so, it is often because of their own emotions. Having strict rules in place helps prevent this.
Sometimes, police departments can be held legally responsible when a police officer continues a pursuit and causes an accident. However, it’s important to note that a violation of the victim’s constitutional rights must be the basis of the claim. When this occurs, the legal system may compel the municipality or department to update its policies, change its customs, or install a no chase policy.
Who Is Liable When a Pursuing Police Officer Causes an Injury Accident?
If you suffer injuries in a police chase crash, knowing who is liable and how to recover damages can be difficult. This is why you want to work with an attorney familiar with these cases. The potentially liable parties could include the fleeing party, the officer, the department, or the municipality.
While victims have the right to seek and recover compensation based on their accident injuries, this is rarely an easy process. They must have a robust case to show liability and investigate the department’s policies to understand what went wrong. Your attorney will handle this—and all necessary paperwork and timelines—for you.
Under some circumstances, holding the police department or municipality responsible may be easier if you can document that:
- The officer violated the no chase policy,
- The pursuing officer failed to abide by other department policies,
- The department failed to provide proper training in high-speed pursuits,
- The officer drove negligently without using lights and sirens to notify nearby motorists,
- The department failed to enforce the no chase policy and created a custom that encouraged pursuits, or
- Other officers pursued suspects without being disciplined or retrained.
Victims hurt in these collisions generally have to file tort claims according to the applicable state laws. These are claims against a government agency and have their own process and timeline. Some states also cap the compensation available. Your attorney will be familiar with these laws and ensure they protect your rights throughout this process.
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Does a No Chase Policy Reduce the Likelihood of a Monell Claim?
A no chase policy should reduce the risk of pursuit crashes, making it less likely that an officer will cause a collision and violate your constitutional rights. However, it is still possible for a police chase crash to occur when the department’s training and customs ignore its policies.
You want a lawyer on your side familiar with these claims if you were hurt in a crash caused by a pursuing police officer. When you work with a Monell claim lawyer, they will review the
These claims usually center on weak or absent no chase policies but could cover situations where a department fails to enforce its policies. If the customary actions of the officers are to catch a fleeing suspect despite extensive risks to the public, this could be a violation of constitutional rights, supporting this type of claim.
Your attorney may be able to build a strong case to hold the agency or municipality accountable under 42 U.S. Code § 1983. This could allow you to recover compensation for your injuries as well as affect change in the way the department trains officers and enforces the no chase policy.
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Discuss Your Police Pursuit Injury Accident With an Attorney
Jenner Law handles a wide range of high-speed chase accidents, including those that occur with no chase policies in place and violate our client’s federal rights. If this happened to you or a loved one, contact us today. We provide free consultations and will review the case facts and assess your legal options with you.
You should not try to navigate this process on your own. You likely have more rights than you realize. Let us evaluate your case today.
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