Liability in a Police Car Chase Accident

3,336 individuals lost their lives across this country between 2016 and 2022 while police pursued suspects in high-speed chases. After dozens of years studying police chases, the Washington Post concluded that they are more deadly than hurricanes, lightning, and tornadoes combined. Nevertheless, police departments across the country, including here in Maryland, lack optimal policies for carrying out these chases. Enforceable standards are necessary to inform training, supervision, and accountability in the aftermath of accidents related to such chases. Victims who are injured or killed when such chases occur can turn to the dedicated personal injury attorneys at our office to get help following such incidents.

Liability Issues

 Figuring out who is legally liable for the aftermath of a car chase accident is tricky. Because Maryland personal injury cases are based on contributory negligence, the party responsible for your injuries might not be held liable if you demonstrated any degree of negligence, as well. That means that if suspect who was fleeing is determined to have been driving recklessly, the law enforcement officer involved in the chase is determined to have initiated the pursuit in violation of department policy, and you were determined to have been negligently texting at the time of the accident, you may lose the ability to successfully sue the other parties involved in the incident.

Scrutinizing Law Enforcement Actions 

Every situation is different, and the circumstances associated with any collision must be analyzed to determine if law enforcement acted recklessly. Government entities typically enjoy qualified immunity, which protects them from liability claims, but if it can be demonstrated that officers in a car chase were responsible for harm that occurred due to negligence or recklessness, it could be an exception to the immunity rule. For that to occur, certain issues must be explored, including:

• Whether the chase occurred out of necessity based on the alleged crime; pursuing someone for failing to signal a lane change is not the same as chasing someone suspected of committing a murder, for example;
• Whether the risk of letting the suspect escape is greater than the risks associated with a high-speed pursuit;
• Whether the officers involved acted in accordance with department policy, taking into account factors such as weather, speed, congestion, pedestrian traffic, and more.

If it is determined that officers took the wrong course of action, the agency for whom they work may be on the hook for limited damages. The maximum amount allowed in Local Government Tort Claims cases tops out at $400,000.

As far as the officers themselves are concerned, immunity protects them except in cases involving malevolent intentions, human rights violations, or bad faith actions.

Fighting for Best Outcomes 

If you or a loved one has suffered serious harm or death as a result of a high-speed chase, you may be unsure as to how to proceed in the quest to secure funds to address medical costs and more. The hard-hitting La Plata & Waldorf personal injury lawyers at The Law Office of Hammad S. Matin, P.A. can help. Schedule a confidential consultation today.

Source:

marylandmatters.org/2024/07/30/legislative-action-is-needed-now-to-curb-deadly-police-vehicle-pursuits/