Who’s Liable in a Car Chase? (UPDATED)

Thursday, October 3, 2024

Who’s Liable in a Car Chase? (UPDATED)

Written by Malman Law, reviewed by Steve J. Malman.

Car chases, especially those occurring in densely populated urban areas like Chicago, can result in devastating consequences. High-speed pursuits often lead to significant property damage, severe injuries, and, tragically, the loss of innocent lives. Determining liability in such incidents is complex, as it often involves multiple parties, including the suspect, law enforcement, and sometimes even victims. This blog will explore the various factors that determine liability in car chase accidents, the responsibilities of law enforcement, and the legal options available for victims seeking compensation.

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Liability Factors in Car Chase Accidents

Clarifying legal obligation in a car chase involves assessing the actions of the suspect, law enforcement officers, and even the victims involved. Each party may bear some degree of responsibility depending on the circumstances of the chase and the extent of damages caused.

The Fleeing Suspect

In most cases, the suspect being pursued is held primarily liable for any damages or injuries resulting from the chase. By attempting to evade law enforcement, they engage in reckless and dangerous behavior, such as speeding, running red lights, or driving on the wrong side of the road, all of which put other drivers, pedestrians, and property at risk. In Illinois, fleeing from the police is considered a serious criminal offense, and any damages or harm caused during the chase are typically attributed to the suspect’s actions.

However, recovering compensation from the suspect may be challenging. Many suspects involved in police chases do not have adequate insurance coverage or are driving stolen vehicles, which complicates the process of filing insurance claims. In these cases, victims may need to file claims through their own uninsured/underinsured motorist coverage to cover their medical expenses, vehicle repairs, and other related costs.

Additionally, it’s important to consider the possibility of holding the suspect criminally accountable. In many cases, the suspect may face criminal charges such as reckless driving, evading arrest, or even vehicular manslaughter if the chase results in fatalities. While criminal charges can hold the suspect responsible in the eyes of the law, they do not necessarily lead to financial compensation for victims. This is why pursuing civil claims, alongside any criminal proceedings, is essential for victims to recover compensation for their losses.

Who’s Liable in a Car Chase? (UPDATED)

Law Enforcement Liability

Police officers are often given legal privileges during car chases, such as the ability to exceed speed limits or disregard traffic signals. These privileges, however, do not grant them complete immunity from liability. Law enforcement agencies are expected to follow strict guidelines and pursuit policies designed to minimize the risk to public safety. When officers violate these guidelines—such as by engaging in a chase that poses unnecessary risks to bystanders—they can be held liable for any resulting damages or injuries.

For example, if police officers continue a high-speed chase through a heavily populated urban area despite the clear danger it poses to pedestrians and other motorists, their actions may be deemed reckless. In such cases, victims of the chase could have grounds to pursue a claim against the police department.

According to the City of Chicago’s Report on 2020 Litigation, law enforcement agencies must carefully weigh the potential dangers of continuing a pursuit against the threat posed by allowing the suspect to escape. Police departments that fail to adhere to these guidelines can be held responsible for damages, especially if their actions directly contribute to the injuries or losses sustained by victims. In cases where officers are found to have acted negligently or recklessly, victims can file a lawsuit seeking compensation for medical bills, lost wages, property damage, and emotional distress.

Victims’ Rights and Responsibilities

Victims of car chase accidents—whether they are other drivers, pedestrians, or passengers in a vehicle—have the right to pursue compensation for their injuries and losses. In many cases, this compensation can be sought through insurance claims, which may include coverage for medical expenses, vehicle repairs, lost income, and pain and suffering.

If the suspect involved in the chase is uninsured or underinsured, victims can turn to their own uninsured/underinsured motorist coverage to help cover the costs. This type of coverage is essential for victims who may otherwise struggle to receive compensation from the responsible party. It’s important to note that victims should notify their insurance provider as soon as possible after the accident to ensure they meet the necessary deadlines for filing a claim.

Victims may also choose to file a personal injury lawsuit against the suspect or law enforcement, depending on the circumstances of the chase. If the suspect is found to be at fault, they can be sued for damages. However, recovering compensation from a suspect can be difficult if they lack financial assets. In such situations, pursuing a claim against the police department may provide an alternative route for compensation, especially if law enforcement’s actions are found to be reckless or negligent.

State Laws and Liability

Each state has its own laws and legal precedents regarding car chases and liability, and these laws play a crucial role in determining who can be held accountable for damages. In Illinois, for example, victims of car chase accidents can file claims against municipalities if they can prove that the officers involved acted with reckless disregard for public safety. However, these cases can be challenging due to sovereign immunity, a legal doctrine that protects government entities from certain types of lawsuits.

Despite this, there are exceptions to sovereign immunity. If it can be shown that police officers acted recklessly—such as by continuing a chase through a crowded area without considering the risks to bystanders—the department may still be held liable for the damages caused. Consulting with a legal expert who understands the intricacies of Illinois state law is crucial when pursuing compensation from government entities.

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Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases.

STEVE J. MALMAN
Founding Attorney

Police Pursuit-Related Deaths: Alarming Trends

High-speed police chases frequently result in tragic outcomes, particularly when innocent bystanders or other road users are involved. The risks associated with these pursuits have led to growing concerns about the necessity of such chases and the methods used by law enforcement.

Chicago Police Chases

In recent years, Chicago has seen an alarming number of fatalities and serious injuries as a result of police chases. According to statistics from 2020, at least three bystanders were killed due to police pursuits in the city. These numbers are part of a troubling national trend that underscores the dangers of high-speed chases in densely populated areas.

The Chicago Police Department has faced increasing criticism for its chase policies, which some argue prioritize apprehending suspects over protecting public safety. Advocacy groups and public safety experts have called for stricter regulations on when and how police officers can engage in pursuits, particularly in urban environments. Some have suggested that pursuits should only be initiated when the suspect poses an immediate threat to public safety, rather than for minor offenses or traffic violations.

National Statistics

On a national level, the number of fatalities caused by police pursuits is staggering. According to a 2024 report compiled by the Times Union Police Chase Database, over 13,000 deaths have resulted from police chases since 1979. What’s particularly concerning is that nearly one-third of these fatalities involved innocent bystanders who were not directly involved in the chase.

These statistics have led to widespread calls for reform in police pursuit policies across the country. Many advocate for limiting high-speed pursuits to cases where the suspect poses a significant threat to the community, rather than engaging in dangerous chases for non-violent offenses. Balancing law enforcement’s duty to apprehend suspects with the need to protect public safety is a delicate issue, and changes to pursuit policies are being considered in many states.

Challenges in Pursuing Legal Action

Victims of car chase-related accidents often face significant challenges when seeking compensation, particularly when dealing with claims involving law enforcement. The legal doctrine of sovereign immunity can complicate efforts to hold police officers or government entities accountable for their actions during a pursuit.

Sovereign Immunity

Sovereign immunity is a legal doctrine that protects government entities and their employees from being sued for actions performed within the scope of their official duties. In Illinois, as in many other states, police officers are generally shielded from lawsuits stemming from their actions during car chases. However, exceptions exist, particularly if it can be proven that the officers acted recklessly or in violation of departmental policies.

Victims pursuing claims against a police department must demonstrate that the officers involved failed to follow proper procedures or acted without regard for public safety. Proving negligence in these cases can be difficult, as it requires thorough investigation and strong legal representation. An experienced attorney will be able to navigate the complexities of sovereign immunity and determine whether there is a viable case against the law enforcement agency.

Legal Recourse for Victims

Despite the challenges posed by sovereign immunity, victims of car chase accidents have several options for pursuing compensation:

Filing Insurance Claims

One of the most straightforward avenues for recovering compensation is filing an insurance claim. Victims can file a third-party claim against the suspect’s insurance provider, assuming the suspect has adequate coverage. In many cases, however, suspects involved in police chases may not carry sufficient insurance, or they may be uninsured entirely. In these situations, victims can turn to their own uninsured/underinsured motorist coverage to recover damages.

Civil Lawsuits

When insurance claims are insufficient or unavailable, victims may file a personal injury or wrongful death lawsuit against the suspect. Civil lawsuits allow victims to pursue compensation for a wide range of damages, including medical bills, lost wages, pain and suffering, and emotional distress. However, recovering compensation from a suspect can be difficult if they lack financial resources or are otherwise unable to pay.

In cases where law enforcement’s actions are found to be negligent, victims may also pursue a lawsuit against the police department or municipality. These cases are complex, but with the help of an experienced attorney, victims can navigate the legal challenges and seek the compensation they deserve.

How Malman Law Can Help

Police chases serve a critical role in law enforcement by apprehending dangerous suspects, but they also pose significant risks to public safety. When these pursuits result in accidents, determining liability can be challenging. In most cases, the fleeing suspect bears primary responsibility for the damages, but law enforcement agencies and municipalities may also be held accountable if their actions contributed to the crash.

For victims of police chase-related accidents in Chicago, navigating the legal landscape requires professional guidance. The experienced team at Malman Law is here to help you explore your compensation options. We have the expertise needed to handle the complexities of car chase liability cases and will work diligently to ensure that your rights are protected. Contact us today for a free consultation to discuss your case and learn how we can assist you in seeking justice.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Justia Profile: Steve Malman
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by President and Founder, Steven J. Malman who has more than 20 years of legal experience as a personal injury attorney.

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