Who’s Responsible When Police Chases Injure or Kill Innocent Bystanders?
Feb 02, 2023
iCrowdMarketing powered by iCrowdNewswire
All of us have seen police chases in movies and television shows. Usually, it’s cars zig zagging in and out of traffic while narrowly missing other vehicles and pedestrians at high speeds. But real life can be quite different. Anyone who’s ever been caught in a pursuit can tell you how terrifying it is. Even worse, unlucky innocent pedestrians have been seriously injured or killed in the fray. That was the case in South Los Angeles in the summer of 2022 when a police pursuit of a woman driving a stolen vehicle ended in a crash that took the life of a pedestrian crossing the street.A quick scan of news headlines all around the U.S. shows these pedestrian injuries and deaths are all too common. When something like this happens, who’s ultimately responsible? Is it the police or the criminal who caused the chase? There’s no quick answer to this because it all depends on the circumstances.
According to J.J. Dominguez of the Dominguez Firm, “If a pedestrian is injured or killed in a police pursuit, at least one person or entity will be held responsible. It could be the suspect who initiated the chase. The second possibility is the police officers involved. And it could even be a government agency if it’s determined police did not follow proper procedure when going after the suspect. Whatever the scenario, it’s important for victims and their families to consult with an experienced pedestrian accident attorney immediately after the accident to see what their legal options are.”
Note that most states shield the police from liability in chase accidents. They are given government immunity in most of these cases if the accident happened because of law enforcement actions during a pursuit. Furthermore, a 2018 California Supreme Court ruling upheld this police policy. However, even with all of that said, attitudes have changed meaning there have been successful lawsuits against police departments throughout the state in recent years.
If the person who caused the pursuit is to blame for any accident injuries or deaths, they generally don’t have the financial resources to provide compensation to the victim. However, as previously stated, the victim or their next of kin should speak to a personal injury attorney to see if they have any legal options. In some cases, the person who was the cause of the chase does have assets and can be sued. In other instances, the local police department may have failed to follow the correct procedures.
In recent years police departments throughout the country have changed how they pursue fleeing suspects. Many times they are instructed not to follow or chase anyone suspected of a minor crime or misdemeanor. For example, someone suspected of trying to avoid a parking ticket. And if an officer ignores orders and continues a chase, any pedestrian injuries or deaths could be their fault.
Pedestrian accident injury cases caused by police pursuits are complex. Because it’s often a case against a government entity, victims only have six months to file a claim. They also need the services of a personal injury law firm that has experience in this field. If you are the legal next of kin or the victim of a police chase accident, speak to a personal injury attorney to see what your options are. Most consultations are free.
Tags: English