Police Chase Accident Lawyer

A common sight in action and adventure movies or police dramas on television, the police chase is often high-speed and lengthy. The capture of the fleeing subject is often done with dramatic maneuvers and little to no harm or damage to any bystanders or other people’s property. When there is harm or property damage, the movies and shows often gloss over how that is handled, if it is addressed at all. In reality, police chases are often regulated by state law and department policy, and when a police pursuit results in an accident, someone is responsible for making the victims whole financially. Who is responsible, though–the suspect, the law enforcement officer chasing them, or the department that employs the officer? If you have been involved in a police chase accident, you may want to consult with an experienced personal injury attorney in Florida, New Hampshire, or Vermont. Call Shillen Mackall Seldon & Spicer at (802) 457-4848 to schedule a consultation and review your legal options. 

What Is a Police Chase Accident?

A police chase is the pursuit of a suspected or actual law violator by law enforcement. The law violated may be driving related, but more often, it is for other offenses. While each state has its own laws and each law enforcement agency may have its own policy regarding police pursuits, many have begun to regulate these pursuits by only allowing them if the suspect is suspected of violent or forcible felonies, such as murder, armed robbery, or armed sexual assult. 

A police chase accident is any accident that results from a police chase. This may or may not involve the police vehicle or the suspect’s vehicle. For example, the accident may be the suspect’s vehicle sideswiping another driver’s vehicle in their attempt to flee. Another example may be if a driver realizes there is a police chase happening behind them and attempts to change lanes to get out of the way and sideswipes another driver. While both of these could be examples of police chase accidents, to recover damages, the victim will need to prove liability. 

How Common Are Police Chases and Police Chase Accidents?

According to the Bureau of Justice Statistics (BJS), there were an average of 186 police pursuits per day in 2012. This means there were approximately 68,000 police chases that year. There were 351 deaths due to pursuit-related crashes the same year, which is approximately one death per day. This means out of 186 pursuits in a day, approximately two resulted in a fatality. Local police departments had the most pursuits, followed by sheriff’s offices, state police, and highway patrol agencies.

While 186 pursuits per day sounds like a large number, when you consider that there are approximately 60,000 law enforcement agencies throughout the country, 186 pursuits per day means they are actually rather uncommon. This means that most people will never encounter a police chase other than seeing it on a screen or reading about it after it has happened. However, it is still a good idea to know what to do in the event an individual is involved in a police chase accident. 

What Are the State Laws Regarding Police Pursuits?

Every state has its own laws regarding police pursuits. Some states have stricter laws while other states leave it up to each law enforcement agency to decide its own policy. Some states take a more moderate approach, with some laws to regulate police chases while still allowing each law enforcement agency to create its own policy. 

Florida

FL §316.072 allows law enforcement to ignore the laws of the road, including speeding, in pursuit of an actual or suspected violator of the law, as long as they do not endanger life or property. Specific pursuit policies are department-specific and vary throughout the state. 

New Hampshire

NH Rev Stat §265:8 is essentially the same as Florida’s law, granting law enforcement the ability to pursue a suspect without following the laws of the road as long as they are not endangering property or life. The statute also indicates that the law enforcement vehicle must be using both audible and visual emergency signals. NH Rev Stat §265:8-a provides the requirement that each state, county, and local law enforcement agency that conducts vehicular pursuits must adopt a written policy or policies detailing the manner in which those pursuits will be conducted. These polices must conform to state or national accreditation standards adopted by the national commission on accreditation for law enforcement agencies or police standards and training council. 

Vermont

Vermont 23 V.S.A. § 1015 is similar to Florida and New Hampshire, with the additional provision that the police vehicle must still stop for a school bus with flashing red lights. The law also states that the vehicle must be using audible or visual signals to use the exemptions provided. Specific pursuit polices are department-specific and can vary throughout the state. 

Establishing Liability in a Police Chase Accident

While the laws in Florida, New Hampshire, and Vermont do allow for law enforcement to speed and break other laws to pursue a suspect, they all also indicate that this exemption does not relieve the officer of their duty to drive with due regard for the safety of everyone around them, nor does it relieve them of consequences of a reckless disregard for the safety of others. This means that if an accident occurs, the law enforcement agency involved may be responsible. There are three factors that can determine liability in these cases. However, the victim and their police chase accident lawyer, if they have one, must first establish liability by showing that the police agency was reckless or negligent by instigating a high-speed chase. An experienced attorney with Shillen Mackall Seldon & Spicer may be able to assist you in determining liability if you were involved in a police chase crash. 

Did Police Fail To Uphold Their Duty of Care? 

Law enforcement is expected to take reasonable measures to avoid injury to others. This means they must assess a situation and determine whether they can safely shoot a suspect without injuring others or, in the event of a high-speed chase, whether they can safely engage in such a chase or if already engaged, whether it is safe to continue or if they need to terminate the chase. 

To prove liability for a police chase accident, the victim must be able to prove that the police officer or officers involved failed to uphold that duty of care. The victim must be able to show that the officer should have realized that the chase was not safe and either not engaged in the chase or terminated the chase but did not. This often involves proving that the officer failed to follow established procedures for pursuits or that the officer was not properly trained in how to decide when to pursue a suspect or in proper pursuit procedures. 

Did This Breach of Care Cause the Victim’s Injuries? 

Once the breach of care is established, the next step is to prove that the breach is responsible for the victim’s injuries. This means proving that if the office had not started or had terminated the chase upon realizing it was not safe, the victim would not have been injured because the accident would not have happened. 

Are There Economic Damages From These Injuries? 

The final factor considered is whether there are economic damages from the victim’s injuries. If the victim did not sustain any injuries or property damage, there is no liability because there is no harm. Merely being present at the scene of an accident does not allow for recovery of damages. There must be actual damages, such as broken bones, lacerations, concussions, or damaged vehicles or homes. 

Other Possible Responsible Parties

Often, victims want to hold the law enforcement agency responsible for their damages in a police chase accident. While this may sometimes be the liable party, there are a few things to consider. First is that the officers are often immune from being held personally liable for these accidents. Additionally, law enforcement agencies are sometimes also immune. However, if they did not follow the proper procedures, this immunity may no longer apply. 

There are other parties who may also be held liable for police chase accidents. The suspect who is being chased is one party and the government is another. 

The Suspect

Often, the only reason police are in pursuit of a suspect is because the suspect is fleeing. This means that the suspect can be held liable for the damages caused in any police chase accidents that occur as a result of their pursuit. If the suspect had not fled, there would be no pursuit, and thus, no accident. Additionally, all motorists owe others on the road a duty of care. Fleeing police at a high speed, driving erratically, and other dangerous driving that the suspect may engage in is a breach of that duty of care. 

The Government

In some instances, municipalities where the police departments are located can be held liable for police chase crashes if the victim can prove that they did not properly train officers in police pursuits or that there were no safeguards in place to attempt to prevent the behavior. 

Additionally, if there were other dangers that contributed to the accident that the local government may be responsible for, the victim may be able to hold them liable. For example, if a driver is attempting to get out of the way of a police chase and their car is damaged because they drive over a deep pothole the government was aware of and had not repaired, they may be able to file a lawsuit to recoup the cost of those repairs and any injuries that may have resulted. 

What Kind of Damages Can Be Recovered?

When an individual has been involved in a police chase accident, there are several different damages they may potentially be able to recover. These include: 

• Property damage
• Medical care and treatment
• Lost pay while recovering
• Pain and suffering
• Disability, including permanent or temporary paralysis
• Disfigurement
• Diminished quality of life
• Wrongful death

The exact damages and the monetary amounts that can be recovered for each will vary depending on many factors, including the severity of the injuries or property damage, how long the victim is out of work, and more. Individuals may want to discuss their case with a police chase accident lawyer to learn more about the compensation they may be able to expect. 

How a Personal Injury Attorney May Be Able to Assist You After a Police Chase Accident

Police chase crashes can be complicated, with many potentially liable parties and many victims. If you have been involved in one, a police chase accident lawyer may be able to assist you by helping you determine liability and recover damages on your behalf. You may want to speak with an experienced Florida, New Hampshire, or Vermont personal injury attorney with Shillen Mackall Seldon & Spicer. Call (802) 457-4848 to schedule a consultation and review your case and what legal options are available to you. ber of our supportive wrongful death team at Shillen Mackall Seldon & Spicer by calling (802) 457-4848 today.