High Speed Police Chases
High speed police chases resulting in injury may be the basis for a claim against the police officer and the employer on a number of different theories according to accident lawyer Brien Roche . The U. S. Supreme Court has made these types of claims based upon a due process violation somewhat difficult to pursue in that the standard for recovery is that the conduct of the officers must shock the conscience of the court. That requires demonstrating that the officers acted with the intent of causing harm to the victim. The prior rule on these types of cases had been simply that the plaintiff needed to establish deliberate indifference. Some courts, however, have held that the Supreme Court decision does not apply in those circumstances where the officers had the opportunity for deliberation and reflection prior to engaging in the high speed or emergency pursuit endeavor.
This decision from the U. S. Supreme Court does not, however, bar the plaintiff from pursuing various state claims against the officer and the employer on tort theories of negligence, gross negligence, recklessness, etc.
If you have been injured as a result of a high speed police chase, contact us.
See also sovereign immunity case law as to whether the police officer can be sued.