Getting hit during a police chase isn’t something anyone plans for. One moment you’re driving normally, the next you’re caught in the middle of a high-speed pursuit. If you’ve been injured as an innocent bystander in a pursuit-related crash, you probably have questions about what happens next and who’s responsible.
What Happens If I Get Hit By Someone Fleeing From The Police?
Police pursuits happen fast. When an innocent driver gets caught in the middle, the situation becomes legally complex because multiple parties might share responsibility. The fleeing suspect often bears primary responsibility for the accident. They were breaking the law. They were driving recklessly. If they caused the collision, they can be held liable for your injuries and property damage. That part makes sense to most people, but liability doesn’t always stop there. Sometimes the police department shares responsibility, particularly if officers violated their pursuit policies or drove with unreasonable disregard for public safety.
Can I Sue The Police Department After A Pursuit Accident?
You can, but it’s not the same as filing a regular car accident claim. California’s Government Claims Act requires you to file a formal claim with the government entity within six months of the accident. Miss this deadline, and you lose your right to pursue compensation. You can’t just file a lawsuit right away. The government gets time to review your claim first. Only after they deny it, or fail to respond within 45 days, can you move forward with litigation. It’s a built-in buffer that doesn’t exist in regular personal injury cases.
Who Pays If The Fleeing Driver Has No Insurance?
Many people who flee from police don’t carry insurance. Even if they’re found liable, you might not be able to collect from them directly. They might not have assets. They might disappear into the criminal justice system. This reality makes pursuing a claim against the government entity even more important in some cases. Your own uninsured motorist coverage may also come into play, though using it shouldn’t be your first option if government liability exists.
What Compensation Can I Receive After A Police Pursuit Accident?
Your damages may include:
- Medical expenses for emergency treatment, surgery, and ongoing care
- Lost wages and reduced earning capacity if injuries prevent you from working
- Vehicle repair or replacement costs
- Pain and suffering from physical injuries
- Emotional distress from the traumatic experience
The total value depends on the severity of your injuries and how the accident has affected your life. No two cases look the same.
How Do Police Pursuit Policies Affect My Case?
Most police agencies have written pursuit policies that govern when officers can engage in chases and when they must terminate them. These policies typically consider factors like traffic density, weather conditions, the severity of the suspected crime, and pedestrian presence. When officers violate these internal policies, it strengthens your case. Policy violations demonstrate that the pursuit created unreasonable risks that a properly trained officer should have avoided. It shows they knew better and did it anyway.
What Evidence Do I Need For A Police Pursuit Accident Claim?
Police pursuit accidents require a thorough investigation. The responding officers will file reports, but those documents may not tell the whole story. Sometimes they don’t even come close. Video footage matters. Dashboard cameras, body cameras, traffic cameras, and witness cell phones can all provide different perspectives on what happened. Collecting this evidence quickly is important because some of it gets deleted or recorded over. Crash reconstruction becomes especially important at high speeds. An Orange County police pursuit accident lawyer can work with specialists who analyze skid marks, vehicle damage, and road conditions to establish how the collision occurred and who created the danger.
Does Qualified Immunity Protect Police In Pursuit Accidents?
You’ve probably heard that police officers have legal immunity. Qualified immunity protects officers from liability when they’re performing discretionary functions within the scope of their authority. It sounds like a total shield, but it’s not. Qualified immunity has limits. It doesn’t protect officers who violate clearly established constitutional rights or act with gross negligence. In pursuit cases, the question becomes whether the officer’s conduct was objectively reasonable given the circumstances they faced. Was the chase worth the risk? Did it create foreseeable danger to innocent people?
Why Do Police Pursuit Cases Take Longer Than Regular Accident Claims?
Police pursuit accident cases move more slowly than typical injury claims. Government entities have longer response times. They often fight harder against liability. They have more resources and fewer incentives to settle quickly. Building a strong case requires gathering evidence from multiple sources, potentially dealing with governmental resistance to disclosure, and navigating procedural requirements that don’t exist in standard personal injury cases. You’re not just dealing with an insurance adjuster. You’re dealing with government attorneys who defend these cases regularly. Patience matters, but so does working with someone who understands these unique challenges. Goldberg Injury Lawyers handles cases where innocent people suffer because of accidents they never caused and couldn’t have prevented. If you’ve been injured in a police pursuit collision, we can evaluate your situation and explain your options for seeking compensation.
