Police High Speed Chase Accidents
Chicago & DuPage County IL.
No one is above the law. Police and other government employees are not allowed to willfully or wantonly run stop signs, speed, and crash into the cars of innocent bystanders. This kind of conduct violates the law and usually violates their own departmental policy. If they do drive or behave in such a manner, the city or municipality or state can be liable for damages.
Police Car Accident Lawyers
A substantial and emerging majority of states in the United States hold that a jury can decide whether police conduct is a proximate cause of injury to innocent third parties if there is evidence of negligence. The 2nd issue in such cases is the statutory limit to any recovery.
Actions at law against the state or any of its agencies or subdivisions to recover damages in tort for money damages against the state or its agencies or subdivisions for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the agency or subdivision while acting within the scope of the employee’s office or employment under circumstances in which the state or such agency or subdivision, if a private person, would be liable to the claimant, in accordance with the general laws of this state, may be prosecuted subject to the limitations specified in this act. If the state employee is negligent in causing the accident and injury, the state, agency or municipality can be liable. The limits of such liability are found in Illinois Statue.
Police Department Policies
Police Departments have various policies in regard to high speed chase. The departments recognize that the police must make split second decisions and balancing tests. Some departments have attempted to articulate policies regarding high speed pursuit. These policies usually fall under the following models:
Judgmental:This allows officers to make all major decisions relating to initiation, tactics & termination
Restrictive: This is certain restrictions on officers judgments and decisions
Discouragement: This model severely cautions or discourages any pursuit, except in the most extreme situations
Can The Police Be Held Liable?
Before deciding to initiate a chase or in determining when to terminate a pursuit, police must consider factors such as public safety, risk to the public and officers, nature of the offense, safer alternatives, protection of the public, population density, weather conditions & traffic conditions. If the risk to the public and police outweighs the danger to the community if the suspect is not caught right away, police must discontinue the pursuit. The consequences of crashes caused by these high speed chases frequently is the death of innocent bystanders.
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