Car accidents are draining and frustrating experiences that often lead not only to injury and pain but also to financial struggle. However, accidents can become even more complex when they are a result of police chases. The pursuit of suspects can be intense and require many snap decisions, not to mention the potential recklessness of the perpetrator being pursued.
While movies and popular media may glorify these police chases and gloss over the damages, in reality, police chases are generally highly regulated. When a police chase leads to property damage or injury, someone must be held liable. Understanding Mississippi’s liability laws may help clarify who is at fault in an accident like this.
Consider speaking with an experienced attorney for accidents related to police chases from Lott Law for more information. Schedule a consultation today by calling the office at (228) 215-2787.
What is a Police Chase Accident?
Police chases can lead to a variety of accidents, each one with its own set of complications and legal nuances. However, in general, a police chase accident is any damage to property or injury to persons caused by the pursuit of a lawbreaker or suspected lawbreaker by officers of the law. Each state may have varying laws regarding the restriction of such chases as well as the consequences.
However, it is important to note that police chase accidents may not solely be the responsibility of the pursuing officer. A police chase accident could occur when the suspect’s car sideswipes another vehicle in an attempt to escape, or when a civilian vehicle attempts to get out of the way of the police chase and crashes into another car.
Our law firm has handled numerous police chase accidents and these are very hard cases to prosecute. Laws in Mississippi and most other states are set up to protect police officers and police chase accidents. However, police officers may only pursue lawfully when the risk to the public is weighed against the offense. There are specific protocols to police pursuits.
Potentially Liable Parties
Due to the complications that police chases introduce into a car accident, it may not be immediately apparent who is liable for the accident. As multiple parties may be partially at fault, understanding Mississippi’s negligence policy may help clarify the matter.
Mississippi employs pure comparative negligence to determine how to award damages and to what percentage, according to the Mississippi Code § 11-7-15. This philosophy states that partial fault for the accident should not bar recovery of damages, however, these damages will be reduced to the extent that the party was responsible for the accident.
An attorney for accidents related to police chases from Lott Law may be able to provide clarity on how fault is assigned in police chase accident cases.
Police Officer
One party that may be liable for a car accident when police chases are involved is the officers themselves. While they may be legally authorized to pursue suspected or actual criminals, that does not exempt them from being held responsible for any damages incurred along the way. In addition, the law enforcement agency they are a part of may hold a certain degree of liability for the accident, as the officer was working in their employ.
Police officers are expected to uphold their duty of care for the community, the expectation that the actions they take be for the benefit of the people they serve. They may be subject to certain legal repercussions if they are found not to be upholding these values.
Suspect
Another likely party who may be liable for car accidents during police chases is the suspect being pursued. The suspect in particular may be engaging in reckless behavior such as speeding or ignoring posted traffic signs and lights, as they do not have a duty to seek the benefit of the people like the officer. However, if the police officer does not succeed in catching the suspect, it may be difficult to track them down to hold them accountable for damages.
Other Driver
Additionally, other drivers on the road who are affected by the police chase may be liable for the accident. Unprepared or distracted drivers may react to the police chase erratically, which can often lead to accidents. Examples include swerving to avoid the suspect or pursuing vehicles, distracted driving while paying attention to the chase, or pulling aside unexpectedly to let officers pass.
How a Vehicle Accident Attorney Can Help with a Police Chase Case
An attorney for police chase accidents may be helpful in many ways when dealing with the aftermath of an accident caused by a police chase. Having counsel who is familiar with Mississippi state laws and negligence policies may be able to clarify a complex situation and help with other matters regarding the case. In addition, legal counsel may be able to advise an individual on certain legal responsibilities related to car accidents.
Gathering Evidence
One way an attorney could help untangle the details of a police chase accident is by gathering evidence. Due to multiple parties involved, such as the officer, the defendant, the law enforcement agency, and the suspect, there is likely much evidence to sort through. Photographic evidence from the chase, witness statements, and conversations with the involved parties may all help strengthen a case.
Building a Case
However, the evidence itself is generally not enough to prove negligence. A solid case will connect the physical evidence with the relevant legal codes and expectations of both civilians and officers. This may include compiling financial damages to property, evaluating medical bills, and lost wages. From that point, the experienced attorney who understands police chase accidents may be able to connect these losses to the legal responsibility of the negligent party.
Negotiations With the Negligent Party
In addition to crafting this case, an attorney for police chase accidents may also be able to enter settlement negotiations with the negligent party. A settlement is an agreement to compensate to a specified degree and is generally the crux of negotiations. Proper negotiation could mean the difference between a fair settlement and an unfair one. Therefore, an attorney may be able to provide skilled assistance in finding a favorable agreement.
Connect With a Mississippi Personal Injury Lawyer Today
When dealing with the consequences of car accidents related to police chases, the complexities can be overwhelming. Understanding Mississippi fault laws can be difficult, especially when multiple parties are involved. An attorney for police chase accidents from Lott Law may be able to clarify these details and help chart a course forward. For more information, consider scheduling an appointment by calling the office at (228) 215-2787.
