When law enforcement officers engage in high-speed chases, the potential risks to innocent drivers, pedestrians, and property owners increase dramatically. These situations are unpredictable and dangerous. But what happens if you’re the victim of a police car accident, even though you weren’t involved in the chase?
Most people assume they can’t take legal action because the law enforcement agencies involved were just doing their job. However, even government employees like police officers aren’t always protected by sovereign immunity. If a police vehicle caused your injuries or property damage, you may be entitled to financial compensation.
Can You Sue Law Enforcement Agencies After a Police Chase Crash?
Yes,under certain conditions. While law enforcement agencies do benefit from legal protections under doctrines like qualified immunity and sovereign immunity, those protections are not absolute. If a police vehicle hits your car due to reckless driving or negligent driving, and you weren’t the liable party, you have the right to pursue a personal injury claim.
South Carolina’s Tort Claims Act allows individuals to hold police departments accountable under specific exceptions,even during official law enforcement duties.
Key Factors That Determine Liability in Police Chase Accidents
Here are several important factors that can affect your ability to recover maximum compensation:
1. Was the Officer Reckless?
If the officer violated traffic law, ignored traffic signals, or drove against pursuit policies, their actions may constitute reckless driving, making them a liable party.
2. Was the Chase Justified?
Not every high-speed police chase is reasonable. If police chases occur over minor offenses and put the public at risk, the responsible party may be the police department itself.
3. Were You Obeying Traffic Rules?
Following traffic rules and speed limits can strengthen your case. Violations could weaken your claim,even if you were hit by a police vehicle.
4. Is There Supporting Evidence?
Witness statements, dash cam footage, and accident reports are forms of valuable evidence that help prove liability.
What Are Your Legal Options?
1. File a Claim Against the Suspect
Sometimes, the police chase accident is primarily caused by the fleeing suspect. If they have insurance coverage, you might file a claim against their insurance policy,especially if they were the liable party in the crash.
2. File an Insurance Claim
Notify your insurer and begin the insurance claim process. Even if fault hasn’t been assigned yet, some costs like vehicle repairs and medical treatment may be covered through uninsured motorist coverage or other provisions.
Recoverable Damages in Police Chase Crashes
A skilled accident lawyer can help you pursue a fair settlement or file a lawsuit to recover:
- Medical expenses and rehabilitation costs
- Vehicle repair or replacement costs
- Loss of income or loss of earning capacity
- Non-economic damages like pain and suffering, emotional distress, loss of enjoyment, and loss of consortium
- In severe cases, punitive damages
Each case is different, but our goal is always to secure the maximum compensation available under the law.
Challenges in Suing Police Departments
Suing a police department or other law enforcement agencies presents specific obstacles:
- Qualified immunity protects officers unless they act unreasonably.
- Strict deadlines and legal procedures apply when suing government entities.
- Proving fault requires solid evidence from the accident scene, like witness statements or video footage.
This is where working with a personal injury attorney who understands police chase crashes and government immunity laws can be crucial.
What to Do After a Police Crash
If you’ve been hit by a police vehicle, take the following steps to protect your legal rights:
- Call 911 and file an accident report even if officers are present.
- Seek medical professionals for a full checkup,even for minor injuries.
- Gather names, badge numbers, and other details from involved law enforcement officers.
- Take photos/videos of the accident scene and your injuries.
- Avoid making statements or admitting fault.
- Contact a personal injury attorney immediately for legal advice.
Why Choose Ted Law Firm?
At Ted Law Firm, we have the experienced attorneys needed to guide you through every step of this challenging time. We understand the complexities of Chase Accident claims, legal avenues available, and how to get you the fair compensation you deserve,no matter who the responsible party is.
Whether you’re facing catastrophic injuries, dealing with loss of companionship, or just trying to repair your vehicle, we handle the entire process. From investigating the crash to filing your legal claim, we’re by your side.
Don’t Let a Police Pursuit Destroy Your Financial Stability
Ted Law Firm proudly represents injured moped riders and their families in Aiken, Charleston, Greenville, Columbia, Myrtle Beach, and Atlanta,advocating for accident victims across South Carolina and Georgia. When a devastating crash turns your world upside down, you can count on Ted Law Firm to stand by your side and provide the trusted legal support you deserve.
You have constitutional and legal rights, even when law enforcement officers are involved. If a police pursuit has left you injured, don’t wait. Whether it’s vehicle damage or personal injury, our team is prepared to protect your rights and seek compensation on your behalf. Contact the Chase Accident Lawyer team at Ted Law Firm today.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
