What Happens if Your Car Gets Damaged in a Police Chase?

When law enforcement officers chase down a suspect on roads occupied by other drivers, accidents sometimes happen. By nature, police pursuits are typically high-speed, and most departments leave it up to the officers’ discretion to decide whether or not to pursue a suspect in a police chase. If your vehicle was damaged or you suffered an injury during a police chase, you should receive compensation for the damages.

How Do Police Chases Result in Accidents?

The most dangerous element of a police chase is speeding. Most police officers are more skilled drivers than the average citizen, especially at high speed. The suspect in a police chase is more likely to cause an accident, but there are several reasons that a police chase may end in damages:

• Negligent driving. Both the suspect and the officers are capable of driving negligently during a police chase. Aggressive driving is dangerous under normal circumstances, but suspects in a police chase operate under duress as well. They sometimes seek high-traffic areas to slow down the police, resulting in aggressively weaving in and out of congested areas. Sometimes they even attempt to cause an accident to stop the chase.
• Decreased time for reaction. The speed at which you drive directly affects your ability to react on the road. The higher the rate of speed, the slower the reaction time. This is often the cause of damage or injury to bystanders during a police pursuit.
• Car failure. Not all vehicles have the strength or power to withstand driving many miles at excessively high speeds. A chase can put heavy stress on a car. If something happens to a wheel or brake system during a chase, the driver will lose control at a dangerous speed and potentially cause catastrophic damage.

Police pursuits should never go on for too long. The risk is too significant. Suppose the decision to pursue the suspect is left to the officer’s discretion. In that case, the officer should evaluate the scene and limit the chase in areas where other drivers and pedestrians are at risk.

Who Is At Fault for Property Damage During a Police Chase?

Determining fault for a police chase can be complicated. However, there are a few scenarios to consider in the event of property damage during a police chase:

• If the suspect caused damage to your property, you may be able to hold them financially responsible via an insurance claim or a lawsuit. 
• If the suspect caused the damage, but the car was stolen, you will not be able to file a claim with their insurance. However, if you have uninsured motorist coverage, you could file a claim with your own insurer.
• If your vehicle belonged to your employer, you could file a claim with the employer’s insurance. 

Holding the police accountable for damages is significantly more difficult. You may have a case to file a lawsuit against law enforcement if the officer that caused the damage was acting negligently. However, that can be difficult to prove.

Police Exemption

Under certain circumstances, police have the right to violate some road rules. For example, if officers are responding to an emergency call or fire alarm, they may be able to exceed the speed limit, run through a stop sign or traffic light, and park wherever necessary. In addition, they can sometimes enter areas that direct traffic elsewhere, such as driving on the wrong side of the road or ignoring do not enter signs. In some cases, these rules apply to police pursuits as well. However, under no circumstances do officers have the right to act negligently.

Even in dangerous pursuits or emergency situations, police must maintain a level of caution on the road. For example, if they need to run a stop sign, they must still slow down as much as possible. The same is valid for traffic signals and other road direction signs. If an officer caused your accident by acting negligently while pursuing a suspect, you could potentially sue.

Do Any Policies Govern Police Pursuits?

There are very few policies governing police chases, and it is up to the individual departments to decide if a policy should be in place. For example, some agencies may forbid police pursuits for several reasons:

• The officers are not set up to pursue safely or efficiently.
• The agency’s jurisdiction is highly populated, making a pursuit too dangerous.
• The agency cannot afford the potential liability.

Some agencies adopt a permissive policy for pursuits. This means they allow pursuits as long as the officers act safely and efficiently. Other agencies restrict police discretion by limiting acceptable pursuits only when the suspect committed a felony.

What Damages Could You Potentially Recover?

The damages you suffer in a police chase accident can be physically, mentally, and financially devastating. In a personal injury lawsuit, you may recover compensation for:

• Medical treatments for personal injuries. If you suffered an injury caused by the police chase, you could seek compensation for medical bills. If the injury was substantial and requires ongoing treatment, you can seek payment for the cost of future medical treatments using estimations from medical professionals.
• Lost wages. If you missed work because of your injuries or the damage to your car, you can list lost wages as part of your economic damages. If ongoing treatment will cause you to miss work continuously, you could seek compensation for future lost wages as well. You can even include loss of earning capacity if your injuries directly affect your ability to perform your job permanently.
• Property Damage. If your vehicle sustained damage caused by the police chase, you should include the cost of repair in your damages.
• Pain and suffering. Injuries cause physical and emotional pain. These consequences can be quantified and included in your claim. Other non-economic damages include loss of enjoyment in life, mental anguish, disfigurement, disability, and loss of consortium. 

The non-economic damages under pain and suffering have no inherent monetary value. These are often subject to state law and precedent.

How Can a Personal Injury Attorney Help You? 

The laws that apply to accidents caused by police chases can be complex, and insurance adjusters overwhelmingly put the interest of the company above the claimant. If you are unsure about hiring a personal injury attorney, consider these advantages:

• They handle the insurance company for you. This relieves a great amount of stress, and insurance adjusters tend to cooperate more with an attorney.
• They understand the value of your claim. Sometimes you can pursue more damages than you even realize, and an experienced attorney knows how to maximize your compensation.
• They understand the complex legal process and can help you avoid missteps along the way that may damage your case.
• They have seasoned negotiation skills that are necessary when trying to reach a fair and fast settlement. 
• They understand the stress you are under and can offer support. 
• They often work on contingency, which means that they only receive payment when you do.

If your vehicle was damaged or you suffered an injury during a police pursuit, you have options to recover your losses. The attorneys as Fielding Law will give your case the attention it deserves. Our goal is a fast and fair settlement so that you can get the financial support you need. Our focus is you, so contact Fielding Law today for a free consultation, and we can get started on your case right away.