You might be liable for a police chase collision if you violated a traffic law and caused or contributed to the collision, but this is not commonly how these accidents occur. Instead, it is often the suspect being chased or a pursuing officer who causes these crashes.
If the suspect or a law enforcement officer is at fault for a collision during a pursuit, the victim can pursue compensation for injuries through an insurance claim or lawsuit. These cases can be complex, so it is best to work with a Monell claim lawyer who is familiar with the applicable federal and state laws.
Who Is Liable for a Car Accident that Occurs During a Police Chase?
In general, the parties who drive carelessly or recklessly and cause a collision are legally liable for the injuries, expenses, losses, and other damages that occur. It is possible that an uninvolved driver makes a mistake behind the wheel and causes a crash as a police chase is occurring, but this is unlikely. Usually, the accident occurs because of the parties in the pursuit.
When a fleeing suspect runs a red light, they put pedestrians, cyclists, and occupants of other cars at risk. If they hit you, they are legally responsible for your injuries, per the applicable state negligence laws.
However, there are other considerations in these cases. Why was the pursuit occurring? Did the officers involved make the safest choice for bystanders when they chose to pursue the vehicle? Would calling off the chase allow them to apprehend the suspect without putting you and your family in danger?
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What Happens When a Police Pursuit Puts You and Others in Danger?
When a police pursuit collision occurs, it raises many questions. This includes questions of law enforcement liability. Officers make difficult decisions about how to capture suspects all the time. Some departments allow pursuits, and some do not. Most have a procedure to get approval or only allow some trained officers to pursue.
This is where Monell claims come in. Under the Monell doctrine, victims hurt in an unnecessary police chase may seek compensation from the officers and the municipality or other government agency responsible for the department’s unconstitutional policies and customs.
What Is the Monell Case?
The Monell doctrine comes from a 1978 U.S. Supreme Court decision, Monell v. Department of Social Services of the City of New York. This decision allows citizens and communities to hold local governments liable under 42 U.S. Code § 1983.
Thanks to this court decision, law enforcement agencies may now be liable for any constitutional violations that result from bad policies or practices. This could include unnecessary high-speed police chases that hurt innocent bystanders.
A Monell claim could recover money for the victim and help bring about institutional change, including a police no-pursuit policy that could end deadly police chases once and for all.
What Elements Are Necessary in a Successful Monell Claim Based on a Police Pursuit?
It is only possible to succeed with a Monell claim under certain circumstances. There are several necessary elements you must show exist to win compensation and affect change under Monell. This includes:
- There was a violation of your constitutional rights.
- This occurred because of the government agency’s actions.
- The agency’s unconstitutional policies, customs, or usual procedures supported these actions.
Documenting these elements requires an in-depth understanding of the municipality’s training procedures, policies, and past actions. This is very difficult or impossible to navigate on your own without an attorney familiar with Monell liability and how these cases work.
Even if you are not sure you have a valid argument under Monell, most attorneys who handle these cases will review your case for free. An unnecessary high-speed police chase crash often violates federal rights without the victim recognizing it.
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How Can a Monell Liability Lawyer Help Me With My Police Chase Crash?
A police chase case based on Monell elements is much more complex than a typical car accident claim. You may need to go toe-to-toe with lawyers representing a municipality to show their policies and procedures violated your rights and put you and others in harm’s way.
This is not something most crash victims can do on their own. They lack the knowledge, skills, and resources to navigate these complex cases and pursue justice without a lawyer to advocate for them. These cases take time, money, and experience with this very specific area of law.
When an unnecessary police chase causes an accident, showing what happened and who is liable is only the first step. To win a lawsuit based on the Monell doctrine, your lawyer will need to show:
- Your federal rights were violated.
- This occurred because of the agency’s unconstitutional policies, procedures, and customs.
- The agency has a pattern of previous incidents.
- Leadership failed to create policies and customs to prevent these incidents.
This requires a thorough investigation into not only your accident but the agency’s history, policies, and training. The discovery portion of these lawsuits is often extensive. In addition to obtaining and reviewing policies and training manuals, your attorney will likely interview eyewitnesses, take depositions from officers involved, and discuss the case with experts who specialize in policing practices.
Still, the Monell decision may offer the best way for communities to attempt to ensure their local police policies and actions protect residents and other road users. Not all police chase crashes will support a Monell claim. However, many do. The best way to find out is to discuss your options with a personal injury lawyer who regularly handles police chase crashes or civil rights litigation.
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Talk to Our Team About Your Police Chase Collision Injuries Today
Jenner Law represents victims hurt in police chase crashes. We will assess your case to determine if you may have a valid Monell claim. We provide free consultations for victims and their families.
Contact us today to learn more about your rights and how we can help you get justice.
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