Car Accidents Caused by Police Chases in Texas: Liability and Insurance Considerations
When criminals evade arrest, police are obligated to pursue them. While some pursuits are on foot, many are vehicular pursuits. Law enforcement officials are required to chase criminals in a manner that is safe for the public. In fact, federal policies are in place to minimize the risk to the public related to unnecessary chases. States and internal organization protocols are also in place to reduce the risk.
Many accidents involving motorists and pedestrians due to police chases occur each year. Such accidents can have profound consequences for the victims. If you are a victim of an accident caused by a police chase, legal recourse is available. Through legal recourse, you could be compensated fairly for damages you incurred from the accident. Your car accident lawyer will help you determine the strength and value of your case during an initial consultation.
How Police Chases Can Lead to Car Accidents
Some vehicular police chases are at a low rate of speed, while others are at speeds that far exceed the posted speed limit. These chases are often intense for both drivers as they focus on maintaining their vehicles while swerving around traffic, running red lights, shooting through stop signs and performing other risky maneuvers. The driver being pursued may be intent on evading law enforcement and escaping the situation. This can lead to the driver making erratic moves and last-minute turns.
The law enforcement officer, on the other hand, may be communicating with the station, evading other vehicles and pedestrians who were forced out of the way by the vehicle being pursued, and trying to force the other vehicle to stop. Such driving behaviors place other motorists, cyclists and pedestrians in the vicinity at risk.
These are among the most common causes of police chase car accidents:
- Speeding
- Failure to yield
- Reversing when it is not safe
- Drinking and driving
- Running red lights
- Running stop signs
- Driver inattention
Other factors can also contribute to a police chase accident. For example, the roads may be slick from recent rain or ice. Visibility can be limited to by fog or a current rain or snow shower. Nighttime driving, construction zones and other hazards are also concerns. In some instances, the law enforcement vehicle may not be properly maintained. Things like worn brakes and tires can contribute to car accidents. Your vehicle accident attorney will review the evidence and reports to identify the cause or causes of your accident.
Determining Liability in Police Chase Accidents
Determining liability in police chase car accidents requires careful consideration. You might have been hit by the vehicle being pursued or the law enforcement vehicle. Is the criminal at fault? Is the law enforcement officer personally responsible? Perhaps the law enforcement department or municipality is at fault. Rulings on previous cases involving police car chase accidents are heavily dependent on the circumstances.
Some courts have ruled, for example, that law enforcement officers had a duty to pursue the criminals. Other courts, however, ruled that the duty of police is to drive with due care. In some cases, weather conditions played a role. For example, one court ruled that law enforcement officers were negligent because they pursued the other vehicle at a high speed while it was raining.
The risk to the public for the criminal being on the loose also can be taken into consideration. For example, the criminal may have already been driving erratically and placing others in jeopardy before the chase started. Perhaps the criminal was involved in a dangerous crime spree that could have resulted in additional harm to the public if he or she was not stopped by law enforcement as soon as possible.
Other factors can be considered as well. For example, the law enforcement officer may have been negligent at the time of arrest. This may occur when the law enforcement officer does not restrain the criminal or when the criminal’s engine is allowed to run during questioning.
Another factor is related to how the police alerted other drivers and pedestrians to the pursuit. For many police departments, the policy is to flash emergency lights and sound sirens when in pursuit. If the police did not follow protocol, they may be partially or fully liable for the accident.
Generally, liability is based on if and when the police should have stopped their pursuit in favor of public safety. This is based on environmental considerations, risk to the public, department policies and laws. Your car crash lawyer will examine each of these factors in detail and in relation to the available evidence when building a case for you.
How Liability Affects Your Insurance Claim
Determining accident liability is essential during the insurance claim process. Your insurance company will hold the liable party responsible for the expenses related to the accident. Medical expenses are among the most common in a police car accident claim. The ability to obtain compensation for these expenses impacts your ability to get the care that you need without going heavily in debt.
Medical expenses can be related to:
- Neck and back injuries
- Post-traumatic stress disorder
- Organ damage
- Internal bleeding
- Gunshot wounds
- Broken bones
- Burns
- Amputations
- Paralysis
- Traumatic brain injuries
- Aortic dissection
- Death
Medical expenses combine with numerous other accident-related impacts, and the financial impact can be disastrous to a person’s or family’s budget. In fact, in some situations, it can take years or decades to fully recover financially. Some families never recover because of challenges with insurance claims. However, in order to receive funds from an insurance claim, you must prove who is liable.
These are some of the many types of expenses that you can be compensated for in a car accident claim:
- Lost wages
- Loss of earning capacity
- Vehicle repairs
- Pain and suffering
- In the event of death – funeral or burial costs, the decedent’s lost wages and benefits, and stress from loss of companionship
When you cannot successfully prove that another party is responsible for your police crash car accidents, you are faced with the brunt of these heavy expenses. Your quality of life can be reduced in numerous ways and for the rest of your life. A skilled vehicle accident lawyer plays a critical role in the outcome of your liability case. The outcome is based on a deep understanding of the law, careful review of the circumstances and effective representation strategies.
Steps to Take After a Police Chase-Related Accident
How you respond after a car accident involving a police car chase plays a critical role in the outcome of your insurance claim and liability lawsuit. While you may be reeling from injuries and stress related to the crash, try to remain in control of the situation.
If you can, follow these steps:
- Stay at the Scene of the Accident: By doing so, you can avoid being charged with hit-and-run charges. You can also file a full report with law enforcement and gather key information.
- Move to a Safe Location, If Necessary: While you cannot flee the scene, you are obligated to move your vehicle to a nearby and safe location if it is able to be driven. Only move your vehicle if it is safe to do so.
- Exchange Information: If your injuries are not life-threatening or serious, you should exchange insurance information with the other party. However, you should refrain from discussing the circumstances surrounding the accident. What you say could be used against you during the claims process and legal proceedings.
- Notify Authorities: In some cases, the other party may not want to call 911, but this should always be done. By doing so, you can receive emergency medical assistance at the scene. You can also obtain a police report and even document the incident with the 911 operator.
- Seek Medical Attention: When the ambulance arrives, accept medical care from the EMS staff even if you feel fine. Adrenaline and stress can often mask symptoms that could potentially be serious. By getting diagnosed and treated quickly, you can minimize the risk of additional medical concerns. In addition, your medical record can be used as evidence to substantiate your claim.
- Collect Evidence: If you are able to safely do so, take both videos and photos of the scene and the surroundings. If you’re unable to, ask someone else on the scene to do it for you. In addition, get the names and phone numbers of all witnesses. If you can, video their testimony on the spot. After leaving the scene, request your medical records related to the accident.
- Get Your Police Accident Report: The police accident report includes factual details about the accident, including the location, date and time. It includes weather conditions, a scene diagram, witness statements, drivers’ statements, citations and other relevant details.
- File an Insurance Claim: Rather than contact the other driver’s insurance provider, file a claim with your own provider. Your insurer may then communicate with the other driver’s insurer to settle the claim. Even if that insurer contacts you directly, avoid speaking to them. Instead, instruct them to contact your auto accident lawyer.
- Consult with a Car Crash Attorney: Your attorney’s job is to ensure that your case is settled quickly and fairly. Your auto accident attorney will identify liable parties, prove liability and negotiate with insurance companies to secure top dollar for your case.
- Maintain Accident and Medical Records: In many cases, expenses related to a car crash continue to mount while the impact of lost wages increases as well. Pain and suffering also can last for months or years after the event. Continue to collect medical records and receipts for all related expenses. Maintain a personal diary that documents your emotional stress, recovery process and pain over time.
Request a Legal Consultation Today
The compensation that you are entitled to under the law after a police crash is crucial to your well-being and livelihood for years to come. As soon as possible after your accident, consult with a car accident attorney to get the legal representation you need.