Determining Fault in Police Car Crashes During Chases: An Overview

Introduction

The responsibility for determining fault in a police car crash during a pursuit is often delegated to outside agencies, ensuring unbiased and thorough investigations. Unlike regular traffic incidents, these cases often involve legal complexities and potential lawsuits, making the determination of fault crucial for both legal awareness and public trust.

Investigation of Police Car Accidents

Most police agencies do not investigate their own vehicles involved in crashes. Instead, the investigation is typically handed over to an outside agency, such as local sheriff's police or a state police unit, to ensure impartiality. Larger cities may have specialized units, including accident reconstructionists and accident review boards, to handle these complex situations.

Insurance Company Terminology: "Fault"

The term "fault" is commonly used by insurance companies to describe which party is liable for collision damage or injuries. However, when a pursuit is involved and a felony suspect is fleeing, it is clear that the origin of the collision lies with the perpetrator. These lawsuits arise not solely from questions of fault but from a desire for compensation for the wrongs incurred.

Police Officer Accountability in Chases

Law enforcement officers can and should be held accountable for their actions, especially during pursuits. Any officer who drives beyond their skill level or disregards the laws of physics while performing emergency maneuvers can be deemed responsible and should face disciplinary action, including potential job loss and legal consequences for manslaughter. However, these pursuits often attract lawsuits despite officers performing their duties correctly, due to the legal system's propensity to assign responsibility even when the fault lies with the fleeing suspect.

Handling Costs and Legal Proceedings

Despite the potential for lawsuits, municipalities in the USA typically preemptively cover costs for damage and injuries resulting from pursuits. The city often acts as a self-insurer, handling these costs independently or pursuing insurance companies or securing court-ordered restitution payments later. This approach ensures that collateral victims receive prompt compensation, and any errors or misjudgments by officers are managed internally as disciplinary matters.

Conclusion

Understanding the process of determining fault in police car crashes during pursuits is vital for both law enforcement and the public. By ensuring unbiased investigations and handling legal and financial aspects internally, law enforcement agencies can maintain a balanced and fair approach to these complex situations, promoting both accountability and public trust.