What Happens If You're Hit During a Police Chase?

Police chases might make for "guilty pleasure" viewing from the safe distance of your phone or television, but they can be downright terrifying if you find yourself in the middle (or just on the periphery) of one. Most of us have seen the damage these chaotic incidents can cause, but if you're injured or have your property destroyed during a police chase, you could be in for an uphill battle if you want to make a claim for your losses.

Who Can Bring a Police Pursuit Injury Claim?

Before we get into the legal issues that need to be sorted out in the early stages of this kind of case, we should make clear that there's a wide variety of people who can end up suffering some kind of harm as a result of a police chase. That includes:

• drivers and passengers in vehicles that are hit by a fleeing driver or by a law enforcement vehicle, or who are in vehicles that are forced off the road
• pedestrians, motorcyclists, bicyclists, and scooter riders who are injured when caught up in (or trying to avoid) the pursuit, and
• business owners, homeowners, vehicle owners, and others whose property is damaged because of the pursuit.

That's who might be eligible to bring this kind of claim. Now let's look at options for getting compensation for harm resulting from a police pursuit.

Can the Police Be Sued for Injuries That Happen During a Pursuit?

This is the big question when it comes to police chase injury claims, and the answer is a complicated one. The first thing to know is that state and local government agencies (and their employees) can't usually be sued when their actions cause harm, thanks to a legal concept known as "sovereign immunity."

This immunity extends to branches of state and local government, which include most law enforcement agencies, whether we're talking about:

• the county sheriff and deputies
• city police department and its officers
• state police officers
• state highway patrol officers, or
• another state/local law enforcement agency.

Does Government Immunity Apply to Police Pursuit Injury Claims?

Every state has carved out exceptions to government immunity—usually by identifying situations where the government can (or can't) be held liable when a government employee's actions cause harm—so that people who have been injured or had their property damaged can hold the government responsible and get compensation.

In most states, making a claim for injury against the government starts not with going to court, but by filing a "notice of claim" with the right agency, and following a strict set of rules (more on the procedure part of things a little later).

There are different rules here depending on what state you're in, but it's usually true that you can file an injury claim against the government if you're harmed by the "negligence" of one of its employees who was carrying out an official duty at the time. Some states specifically say that an injury claim against the government is usually possible if the employee would have been liable if they'd been acting as a private individual under the same set of circumstances that led to the injury.

If this sort of exception to immunity from government liability isn't confusing enough, when we're talking about potential liability for harm resulting from a police chase, there's usually an "exception to the exception" that could put the immunity shield back up. Again, each state handles this area of liability differently, but typically the key issues are whether:

• the law enforcement agency or department has a protocol and policies in place for tactics and officer conduct during pursuits
• all officers have been advised of that protocol and have been properly trained on it
• the protocol and polices were followed during the pursuit that caused the claimant's injuries, and/or
• any officer acted negligently, recklessly, or criminally (or against department protocol and policy) at any point during the pursuit.

That's a lot to unpack, so let's look at some examples of state laws.

In California, law enforcement agencies can choose whether to create a "vehicle pursuit policy," but if the agency does have one, it's usually entitled to immunity from any injury claims from people who were hit by the fleeing suspect. (Cal. Veh. Code § 17004.7.) Things can get more complicated in California if the person was hit or had their property damaged by a law enforcement vehicle, especially if a law enforcement officer's actions during the pursuit amounted to negligence. The department's immunity might not hold up in those situations.

In Florida, law enforcement agencies are usually immune from liability for injury, death, or property damage resulting from a police pursuit of a suspect as long as:

• no officer involved in the pursuit acts so recklessly that they show disregard for human life, safety, or property
• when the officer initiated the pursuit, they reasonably believed that the person fleeing has committed a "forcible felony," and
• the pursuit was conducted in line with the department's written policy on high-speed pursuits. (Fla. Stat. § 768.28(9)(d))

In California, Florida, and any state where there's some version of a "police pursuit exception" giving the government immunity to liability, an injured person (and their lawyer) can challenge whether the law enforcement agency should actually be entitled to use that immunity in light of the facts and circumstances of a specific case.

Challenging Government Immunity to a Police Pursuit

As we've seen (and depending on the specifics of the law in a given state), government immunity to liability for harm caused by police pursuits typically depends on officers acting non-recklessly or non-negligently, while complying with department policies and procedures related to pursuit of suspects.

So, generally speaking, successfully challenging a government's right to shield itself from liability in these kinds of cases usually means showing that one or both of the following is true:

• a law enforcement officer acted negligently or recklessly at some point during the pursuit, and/or
• some part of the pursuit took place in violation of the department's policies and protocols.

If the focus is on the decisions and actions of the officers involved in the pursuit, and whether they were negligent or reckless in any way, that wrongful conduct usually must be the immediate or direct cause of the claimant's injuries. (Note that in some states, including New Jersey, the officer's actions must go well beyond mere negligence and rise to the level of "willful misconduct" in order for the immunity shield to be removed.)

Every action or decision during the pursuit—and in the moments leading up to it—is fair game for scrutiny. For example, whether the officer(s):

• engaged in the pursuit of someone who is suspected of committing only a low-level or nonviolent crime
• ran stop signs or red lights
• drove at excessive or unsafe speed
• decided to use a "spike strip" or other tire deflation device (and properly deployed this kind of device), or
• continued the pursuit into a residential neighborhood, a school zone, or a densely-populated area.

An injured claimant's case will almost certainly be boosted by a qualified expert witness or two with law enforcement experience, who can:

• evaluate every stage and angle of the pursuit
• consider common law enforcement practices
• analyze the department's policies and protocols, and
• offer an opinion on whether the officer's actions and decisions were reasonable, negligent, or even reckless in light of the circumstances and what was called for under department protocol.

It's important to keep in mind that all we're talking about in this section is clearing the initial hurdle of the government's immunity. Even if you successfully argue that the state's immunity shield shouldn't apply to harm resulting from a particular police chase, you'll still need to prove all the elements of your case, including the department's negligence and the nature and extent of your injuries.

A related question is how you'll know whether a law enforcement agency is going to try to use the immunity shield in response to a police pursuit-related injury claim. The best way to find out is usually to file your claim and see how the government responds.

How Do I File a Claim for Injury Suffered in a Police Pursuit?

Putting aside the all-important threshold issue of whether the law enforcement agency is entitled to immunity to an injury claim over what happened during a police pursuit, you'll probably still need to jump through a number of special hoops in order to get the government to consider your claim.

That usually means filing a "notice of claim" letting the government know the details about what happened, the nature of your injuries, and the amount of compensation you're asking for. Once this notice of claim is properly filed, it sets in motion a process where the government considers your claim and:

• offers you a settlement
• denies your claim, or
• doesn't respond.

In most states, if your claim is denied or the government doesn't respond within a certain amount of time, you can move on to filing a lawsuit in court. Think of the "notice of claim" process as a prerequisite for taking the government to court, and learn more about filing an injury claim against the state government.

How Long Do I Have to File a Claim Over Police Chase Injuries?

Most states sets a strict (and often short) deadline on when a "notice of claim" or similar document needs to be filed over an injury that might be the government's fault.

In California, for example, the state's "Tort Claims Act" says that this kind of claim needs to be filed with the right government agency within six months of the date of injury. Then, if the government rejects your claim, or doesn't respond to it within 45 days, you can file a lawsuit in court.

We can't stress enough the importance of understanding and following the law where you live, if you're thinking about bringing this kind of legal action.

Is a Police Chase Injury Claim Worth It?

If you've read this far, you've probably figured out that a claim for injuries caused by a police chase is anything but a straightforward legal matter. Chances are that the government immunity laws in your state can be read as preventing you from making this kind of claim. And proving that those laws shouldn't apply to your situation—and that your claim against the government should be allowed to go forward—is going to require some heavy lifting from a skilled legal professional. In other words, this isn't like handling your own car insurance claim after a fender-bender.

How bad are your injuries/losses? This is the key question to ask yourself if you're considering taking legal action over injuries or property damage caused by a police chase.

If you suffered a few bumps and bruises or a few thousand dollars in property damage, it's almost certainly not worth the time and energy it'll take to put a case together against the law enforcement agency you think is to blame—and there's no guarantee you'll be able to clear the huge legal hurdle you'll likely face, of showing why the law enforcement agency's conduct disqualifies it from the "exception to the exception" for government immunity.

Of course, there's a flip side to this question of whether it's worth it to make a claim: Your state's laws might limit how much you can receive even if you win your case.

There May Be Caps on Much You Can Get for a Police Chase Injury Claim

If you're making a claim against the law enforcement agency or another branch of government, and your state's government immunity laws apply, there may be a limit or "cap" on the amount of money you can receive ("damages" in the language of the law), even if your claim is successful.

For example, Florida law says:

• no individual injury claimant can receive more than $200,000 in a Florida Tort Claims Act claim against the government, or in a court judgment after a successful injury lawsuit filed against the government, and
• the Florida government can't be liable for more than $300,000 in compensation for all Florida Tort Claims Act claims or court judgments "arising out of the same incident or occurrence" (for example, if multiple bystanders are injured in a Florida police pursuit, the total of all their claims and court awards can't be more than $300,000 under this cap). Fla. Stat. § 768.28(5)(a).

Approval from the Florida state legislature is required in order to exceed either of these caps.

Other states have caps that aren't quite so low. In Georgia, there's a $1 million cap on most individual injury claims against the government, and a $3 million cap on all claims arising from the same occurrence (Ga. Code § 50-21-29). Check the law in your state for the details on any cap that might apply to an injury claim against the government.

Can You Sue the Fleeing Driver If You're Injured During a Police Chase?

Taking action against the fleeing driver is another option if you've suffered any kind of harm during a police pursuit. But while the process is a lot more straightforward compared with trying to sue a law enforcement agency, whether or not you'll actually get any compensation is still very much an open question.

When a driver who's fleeing the cops also causes a car accident, ends up injuring someone, or damages property, they can be held financially responsible for any harm done. Think of it as being no different from fault in a more run-of-the-mill traffic accident scenario. A car crash is always going to be the fault of whoever was negligent, and there's no more definitive example of negligence than driving recklessly and at high speeds (the two big hallmarks of most police chases) in an effort to avoid an arrest.

But if the person who's fleeing the police has no car insurance (maybe they're even driving a stolen car) your only option is going to be:

• filing a personal injury lawsuit against them in court
• getting a verdict in your favor, and
• hoping the fleeing driver has enough money (or something in the way of assets) to pay any judgment the court enters against them.

(Learn more about your options if you're hit by an uninsured driver.)

All of this might amount to little more than wishful thinking, especially if the driver is facing criminal prosecution—or is already incarcerated—over the chase and what led up to it. It's possible to file a personal injury lawsuit against someone who's already in jail or prison, but it will add extra time and complexity to the process. And here especially, there's a big difference between winning your case and actually seeing any money.

What If Your Car Is Damaged During a Police Pursuit?

If your vehicle is damaged during a police pursuit—either while you were driving it or while it was parked—most of the issues and options we've covered in the injury context also apply to any claim you'd make for damage to or destruction of a vehicle. the same goes for damage to buildings and other real property during a police chase).

That means you may be able to:

• file a claim for property damage against the state or local government (state "tort claims act" procedures and deadline usually apply to claims for property damage as well as injuries, where the harm looks like it was caused by the government or one of its employees), and/or
• file a car insurance claim or personal injury lawsuit against the fleeing driver, seeking compensation for your damaged or destroyed property.

Learn more about how property damage claims work.

Do You Need a Lawyer's Help for a Police Pursuit Injury Claim?

At this point you've probably got a pretty firm understanding of how complex these kinds of cases can be. And if you still think it's worth it to try making an injury claim over harm caused by a police pursuit, it's clear what kinds of challenges you're in for. It shouldn't come as a surprise that you'll almost certainly need an experienced legal professional on your side. That's especially true if you need to clear the government immunity hurdle at the outset.

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