Liability in Accidents Resulting from Police or Car Chases

Item: Salvi, Schostok & Pritchard P.C.
Rating: 5
Author: Heather Boston

High-speed police chases pose serious dangers to motorists, pedestrians, and property. Although law enforcement officers are supposed to maintain public safety, they have been known to make mistakes in the heat of a pursuit. When injuries or fatalities result from a police chase collision, victims often have questions about legal liability, governmental qualified immunity, and their right to fair compensation. Here’s what you need to know about police chase accident liability and who could be held accountable.

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Why Working with an Experienced Personal Injury Attorney Is Essential

Determining responsibility for car chase injury claims can be a complex process, especially when they involve government actors. Unlike other types of collisions, police pursuit accident cases often involve governmental immunity, complex insurance issues, and the need to promptly preserve evidence, such as dashcam footage, dispatch records, and witness statements.

An experienced attorney who stays up to date on the legal framework for these types of cases can investigate whether individual officers violated pursuit protocols or failed to properly balance public safety. Experienced attorneys will also be familiar with the specific notice requirements and deadlines that apply when filing claims against public entities. Without capable representation, you could face significant obstacles to recovering the compensation you deserve.

How Our Chicago Car Accident Lawyers Can Help

The attorneys at Salvi, Schostok & Pritchard P.C. have recovered more than $2.5 billion for our clients, including a $79.65 million jury verdict for the family of a 10-year-old who was killed in an unauthorized police pursuit, and a $45 million settlement for a teen injured in a police chase accident. Our team has the litigation experience and dedication to take on even the most challenging claims.

Our thorough, client-first approach is often admired. One client shared:

“A plethora of words could NOT express my experience with the Salvi, Schostok & Pritchard legal DREAM team. They were there for my siblings and me during the most difficult time in our lives. We lost our mother due to negligence and as painful as it was, we had to seek justice!!” – Zi S.

Understanding Liability in Police Chase Accidents

When someone is hit during a police chase, various parties may ultimately be liable for the damage.

Police departments must limit chases to situations where the public interest outweighs the potential risk. These policies may be published at the state or municipal level. For example, the Illinois Law Enforcement Training and Standards Board outlines factors that must be considered before initiating or continuing a pursuit. These factors include traffic density, time of day, road conditions, and the seriousness of the crime involved.

When police officers or their departments fail to adhere to these protocols, the legal system may hold them accountable. Liability may be held if officers engaged in a pursuit recklessly, pursued for a minor offense, or continued a high-speed chase when the risks to bystanders became too great. In some cases, both the fleeing suspect and the governmental agency may share legal responsibility for the physical injuries inflicted.

When Is a City Liable for a Police Chase Accident?

Municipal liability depends on whether the officers involved acted within the scope of their authority and followed established guidelines. Under Illinois law, cities are sometimes immune from civil claims due to the legal doctrine of sovereign immunity. However, this protection is not absolute. If a plaintiff can show that the pursuit was conducted with willful and wanton disregard for public safety, the city may be held liable.

For example, if a pursuit continued through densely populated neighborhoods during school hours or ignored department mandates, the behavior may meet the threshold for municipal liability. Furthermore, if a city has an established pattern of negligent pursuit practices, these incidents and internal reports may support your personal injury lawsuit.

The City of Chicago’s own litigation report shows claims related to law enforcement vehicle incidents—and how much the city has paid as a result.

The experienced legal team at Salvi, Schostok & Pritchard P.C. can review the specific circumstances surrounding your auto accident and explain whether you have a viable personal injury claim. You might be able to recover damages for medical bills, lost wages, and other losses you suffered as a result.

The Role of the Victim in a Police Chase Crash

Understanding the Role of the Victim

Police pursuit injury cases often involve those who were not involved in the original police activity, such as innocent bystanders. Whether struck while driving to work or walking across a crosswalk, most victims did nothing to invite harm. However, the courts may still examine your conduct when determining responsibility. Some actions, like driving at unsafe speeds or distracted driving, can influence your case outcome—but our firm can meet any attempts to shift blame with strong, evidence-based advocacy.

Can Bystanders Sue After a Police Chase Crash?

Illinois law allows third parties to seek compensation when they are hit by a police car or another driver during a chase. These third parties may include:

Drivers of other vehicles
Passengers
Cyclists
Pedestrians

Compensation may include:

Medical expenses
Lost income or reduced earning capacity
Property damage
Pain and suffering

In the event of a fatal crash, surviving family members may pursue a wrongful death claim to recover funeral costs, loss of financial support, and emotional suffering.

To build a strong case, you must act quickly. Fast, thorough action often makes the difference between a successful claim and a denied one.

Steps to Take If You’re Injured in a Police Chase

If you are injured during a police pursuit, follow these steps to protect your health and preserve your legal rights:

Call for medical help immediately, even if the injuries seem minor.
Take photos of the vehicles, the scene, road conditions, and any injuries.
Obtain contact information from witnesses and record the names of responding officers.
Request the police report number and ask for a copy when available.
Do not speak with insurance companies, city officials, or attorneys representing the other side.
Write down what happened while the details are still fresh in your mind.
Save all medical records and receipts related to your injuries and treatment.

Finally, consult an attorney immediately to review your legal options. The sooner you contact Salvi, Schostok & Pritchard P.C., the better positioned we may be to pursue compensation and justice.

Call Salvi, Schostok & Pritchard for a Free Consultation

If you or a loved one was hit during a police chase, you could be dealing with serious injuries, emotional trauma, and financial hardship. Fortunately, help is available. The attorneys at Salvi, Schostok & Pritchard P.C. can provide clear guidance and aggressive representation every step of the way.

Our team includes more than 20 top litigators and over 35 support staff, all committed to one mission: securing justice for the injured. We have extensive experience handling police chase accident claims and the resources to take on powerful defendants.