Police chases happen often, with many of them concluding with a suspect in custody and nobody worse for wear. Unfortunately, innocent bystanders can be injured when one or more drivers lose control of their vehicles and crash. Not only is the suspect potentially liable for your injuries in this scenario, but you might also have a viable claim against the government as well.
When police departments have policies in place that encourage dangerous chases, the government might be on the hook for damages following an accident. These claims can be challenging to manage, especially without help. Let a Monell claim lawyer assist you with pursuing justice.
The Suspect Can Be Held Liable Following a Police Chase Accident
Like with any motor vehicle accident, you have the opportunity to pursue legal action against the individual who caused the crash. In these situations, that might include the suspect who ran from the police. The same rules of the road apply to motorists any time they get behind the wheel, and police chases are no exception.
To hold the fleeing driver accountable, you must be able to show that they were negligent in causing the accident. This can be done in a variety of ways, like establishing that they were driving on the wrong side of the road or traveling at unsafe speeds. These drivers often weave through traffic in an attempt to lose the police following them, which only increases the odds of a crash.
It is often possible to secure a judgment against these drivers, but they are not always helpful in securing the compensation you deserve. Many parties that run from the police lack the resources to pay for an injury claim, and it is not uncommon that they lack liability coverage.
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You May Be Able to Pursue a Claim Against the Municipal Government
In addition to the suspect, you might also have a viable claim against the municipal government in charge of the police force involved in the chase. These claims are far more complex than standard negligence lawsuits, however.
In a typical accident, an employer may be liable when someone working for them causes a crash. Per vicarious liability laws, as long as the driver was acting within the scope of their employment, a plaintiff could sue both the negligent driver and the company they work for. This approach is not available to people injured by police officers and municipal governments.
To have a successful claim against the government, you will need to establish that a policy or practice used by the police was both unconstitutional and responsible for causing your accident in a police chase.
The Basics of a Monell Claim
In order to get the compensation you deserve, you will need to prove that police officers violated your rights through the use of a dangerous policy or practice. A successful police chase accident claim must include each of the following elements:
- Policy or practice. The central issue in these claims is the existence of a policy, practice, or custom that was in place at the time of the chase. A successful claim requires proof that an accident resulted from officers following these policies as opposed to ignoring them. An officer’s decision in an isolated incident will not lead to a viable case for compensation.
- Violation of constitutional rights. Next, a plaintiff has to show that their constitutional rights were violated by the police. This usually comes in the form of being deprived of life, liberty, or property following an injury in a car crash.
- Causal link. Finally, there must be a link between these injuries and the policy put in place by the police. Known as causation, this link is crucial for securing a monetary award.
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What Damages Are Available If I Am Injured During a Police Pursuit?
If your claim is successful, you may be entitled to a wide range of damages. Each type of compensation depends on the nature and extent of your injuries as well as how your life was impacted. Some examples include:
- Medical expenses. Costly medical care is unfortunately common following a high-speed chase accident. You could be entitled to damages based on the cost of hospitalization, physical therapy, or other treatments.
- Lost wages. Missing work might also be necessary if your injuries are serious. For some people, this can mean weeks or even months without a job. Thankfully, a successful claim can not only recoup your lost wages but also cover any diminished future income resulting from your condition.
- Pain and suffering. You might recover damages due to your physical pain or emotional distress stemming from the crash.
- Property damage. The damage to your vehicle has the potential to be catastrophic in these cases. Depending on the cost of repairs, you may be entitled to compensation for repairing or replacing your vehicle.
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Your Police Pursuit Injury Case Is About More than Just Money
Recovering financial compensation is a major motivator for most people pursuing these claims. It is also worth noting that there could be more to your case being successful than recovering damages.
The policies and procedures that resulted in your injuries could also impact a wide range of other people. If your case is successful, you may be able to pressure the police to make changes that reduce the risk of a collision, e.g., implementing a “no chase” policy.
In these situations, municipalities will often review the policies and procedures that resulted in a dangerous police chase. This might include considering other options when dealing with a fleeing suspect.
Learn More About Recovering Compensation From a Police Pursuit Accident
Dealing with the aftermath of a police chase accident can be difficult for anyone. While the police are tasked with protecting and serving the public, poor policies can lead to dangerous collisions where your health and safety is an afterthought.
Let the personal injury attorneys at Jenner Law help you pursue a claim for damages. We are experienced in holding the government accountable for its actions, and we look forward to the chance to serve you. Contact us right away for a free consultation.
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