If you have been injured by a stolen car in a police chase accident, you might be entitled to compensation. Dealing with these injuries can be frustrating, especially given that recovering damages can be more challenging compared to a typical motor vehicle case.
In some situations, the policies of local police increase the likelihood of an injury caused in a chase. When that happens, a Monell claim lawyer could help you hold a municipality accountable.
The Police May Be Liable for Your Injuries
Law enforcement agencies are not liable for their employees in the same way that private companies are. Instead of facing responsibility any time a police officer is negligent, municipal governments are protected by immunity in most cases. In order to successfully sue the government based on a police chase injury, you will need to meet several elements.
First, you must prove that the accident occurred due to a formal policy or procedure adopted by the police department. Compensation is not available if the officers involved did not follow protocol.
There must also be proof that the police violated your constitutional rights. This usually comes in the form of violating your right to life, liberty, or property. You are entitled to go about your day free from the fear that the police will injure you or destroy your belongings.
Finally, there must be a causal relationship between your damages and the city’s policy. In other words, your injuries must be directly linked to the dangerous police chase that took place due to the department’s official procedures.
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(888) 585-2188
What to Do After Being Hit by a Stolen Car
The steps you take after being struck by a stolen car during a police chase are important. These moments can be chaotic, but your actions can go a long way toward protecting your health and your legal rights.
Ensure Your Safety
Before you do anything else, you should make certain that you are no longer at risk of being injured by another motorist. This means getting out of the roadway when possible, whether you remain in your car or exit. Be sure to check on the well-being of any passengers as well.
Notify Law Enforcement
Even though this accident involves a police chase, it is vital to report the collision to 911 as soon as possible. These pursuits are often chaotic, making it critical that you formally notify the police that you were struck during the chase. Creating a record of your involvement in the accident as soon as possible is crucial. If you have suffered serious injuries, this step can also ensure they are attended to right away.
Call Your Insurance Company
It is a good idea to notify your insurance company of the accident as soon as you are able. This is true whether or not you plan on filing a claim. Your insurance company can help you determine your next steps and whether your insurance policy might cover some of your losses.
Talk to a Personal Injury Lawyer
In order to protect your chances for a claim for compensation, you should speak to an attorney right away. The sooner you talk with legal counsel, the better your chances for a favorable outcome can be. An accident lawyer from our firm could negotiate a settlement while keeping track of the deadline to file your claim.
Filing an Insurance Claim Will Likely Be More Difficult than You Think
One of the frustrating aspects of being struck during a police chase by a stolen car is that filing an insurance claim may be fruitless if you do not have uninsured/underinsured motorist coverage. If you are relying on another party’s liability policy, this situation could leave you without any path to a successful claim. For starters, the person who stole the car is likely uninsured.
However, you may have another option for compensation.
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Compensation May Be Available Through a Police Chase Accident Claim
In certain cases, you can hold a police department or municipality liable for an injury accident. However, you must prove the following:
- Your constitutional rights (typically the Fourteenth Amendment—the right to life, liberty, and property) were violated.
- The department had a policy or custom that was unconstitutional. Typically, in police chase crash claims, it is a policy that allows police officers to continue a chase, even when it endangers others.
- The policy led to the accident.
- The department is liable.
The damages available through a successful Monell claim are the same as any personal injury case. You have the right to seek a remedy for your physical, emotional, and financial hardships. Some of the categories of compensation for a police chase claim include the following:
- Lost wages
- Past and future medical bills
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Diminished future earning power
- Loss of consortium
- Property damage
The right attorney can evaluate your case and help you understand the types of damages available to you. With their help, you could recover fair compensation for the injuries suffered from an accident with a stolen vehicle.
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Talk to a Lawyer After Being Injured in a Police Chase Accident by a Stolen Car
If you were injured in a police chase accident by a stolen car, you should not have to deal with this frustrating situation on your own. Holding the driver of the stolen vehicle accountable may be difficult, so the police department and the city that oversees it could be your best target for fair compensation.
A claim against the government might sound intimidating, but they are frequently held accountable for their dangerous policies and procedures. At Jenner Law, our personal injury attorneys understand what it takes to investigate these cases and pursue legal action when a municipal government has violated the constitutional rights of our clients. Reach out as soon as possible to discuss a free consultation with our firm.
Call or text (888) 585-2188 or complete a Free Case Evaluation form