If you've seen any action movies from the 80's or 90's, chances are you've seen fictionalized police chases. On the big screen, they often involve big, fiery explosions and speeding cars, which inevitably screech through intersections and cause havoc before the bad guy is caught and the damage is forgotten. And while these fake high-speed pursuits are fun to watch from the comfort of a movie theater, in real life, police chases can be devastating. That's true not only for the people involved in the chase but for the innocent bystanders whose lives change as a result. Often, these innocent bystanders are doing nothing more than minding their business. And then, in the blink of an eye, their life in the Palmetto State is changed forever.
Unfortunately, South Carolina is one of the leading states in terms of police crash fatalities, with 59 drivers killed in vehicle crashes during police pursuits between 2014 and 2018. This alarming statistic highlights the serious risk that being involved in a police chase poses to drivers. While police chases can sometimes be necessary, they should always be handled with extreme caution.
It is essential that law enforcement officers operate their vehicles with due regard for the safety of all persons, particularly when in pursuit and traveling at excessive speeds, as required by South Carolina law. If an uninvolved driver or pedestrian is injured as a result of a police chase, they have the right to seek just compensation for their losses through an insurance claim or personal injury lawsuit. It's important to remember that police chases are a threat to road users, even if they are sometimes necessary. If you or a loved one has been injured in a police pursuit, it's time to contact a high-speed chase attorney Near Me Summerton, SC, from Lauren Taylor Law.
It's a well-known fact that high-speed police pursuits and chases can pose a significant threat to bystanders, as evidenced by numerous documented incidents across the country. Shockingly, over one-third of chase-related fatalities involve innocent individuals who happen to be near the scene. They're not even involved in the chase.
To hold someone accountable for such tragedies, restrictions on police pursuits have been put in place by nearly every state, city, and local jurisdiction, including South Carolina. Nonetheless, high-speed chases continue to occur, and innocent bystanders continue to suffer injuries and fatalities as a result. If you find yourself in such a situation, a skilled police pursuit attorney Near Me Summerton, SC, can help investigate the circumstances of your crash and determine who is responsible for your financial recovery.
Parties that may be responsible for your compensation may include the following
Unlike many law firms in South Carolina, at Lauren Taylor Law, our seasoned high-speed police chase lawyers focus on our clients first, and work tirelessly to fight for your or your loved one's rights and compensation. If you have been injured or you have lost a relative due to injuries sustained in a police pursuit, we're here to help with every aspect of your lawsuit, including:
The simple truth is that obtaining compensation for your injuries and preparing for litigation is a complex process. Your high-speed chase lawyer from Lauren Taylor Law will help explain the next steps in your case and walk you through how to proceed next. That way, you can move forward with your life as soon as possible. When it's time to fight for the compensation you rightly deserve, our team is here to help lead the charge.
Based on data from the Centers for Disease Control and Prevention (CDC), over 2.5 million emergency room visits in the United States were caused by car accidents in 2012. Many of these accidents were due to speeding. When you combine speeding with a driver who is attempting to evade police and officers who are in pursuit, the likelihood of an accident increases significantly.
Accidents can occur in high-speed police chases for many reasons. Some of the most common include the following
When evading the police, vehicles are subjected to tremendous stress, which can lead to the wear and tear of different components. For instance, tires often fail due to overheating and the intense pressure they are subjected to during a chase. When a tire blows on the highway while driving at high speeds, crashes are likely.
At high speeds, drivers have less time to react, which can leave them unable to respond to other drivers on the road and keep everyone safe. Unfortunately, accidents are likely to occur when one of the drivers in a police pursuit makes a mistake.
Drivers who exhibit aggressive behavior on the road, such as abruptly cutting off other vehicles or weaving between lanes excessively, are at an increased risk of causing an accident. This can occur due to a loss of control during maneuvers or misjudging the distance between cars, resulting in a collision. Unfortunately, some drivers intentionally cause these accidents as a means of eluding or obstructing law enforcement.
Police officers and departments often restrict pursuits to unpopulated areas or terminate them prematurely to safeguard pedestrians, bystanders, and other drivers. The risk of causing an accident is simply too high to pursue most fleeing drivers effectively.
Accidents caused by police chases can result in severe injuries and significant expenses in the short term. Emergency medical care and ongoing treatment might be necessary to address your injuries, and the amount of assistance you receive from your insurance will depend on your coverage. It is crucial to prioritize your health by seeking proper care to avoid developing more serious or life-threatening conditions.
Additionally, dealing with car repairs can be a challenge, and your insurance company may only offer the depreciated value of your vehicle, which might not be enough to pay off the car and purchase a new one. Dealing with these issues can be life-changing, which is just one reason why police pursuit accident victims seek compensation.
Car accidents caused by police chases can have serious and long-lasting effects. From financial debt to physical pain and emotional trauma, the impacts can be devastating. Severe injuries can also result in extended time away from work, causing further financial strain. In some cases, injuries can even lead to permanent disability, making it difficult to return to work at all. However, seeking compensation through a lawsuit can help alleviate the financial burden and provide a sense of closure. That's why having a trustworthy high-speed chase attorney Near Me Summerton, SC, to oversee your case is so important.
The answer to this question is not always black and white and often involves a great deal of investigation and research. Generally speaking, law enforcement agencies, such as police departments, sheriff's offices, and highway patrols, have specific policies and procedures in place to govern the initiation and termination of vehicle pursuits.
When seeking a high-speed chase lawsuit, it's important to determine whether the injured party was a "First Party" participant actively fleeing the police or a completely innocent "Third Party" bystander or motorist. While some lawyers may not take on first-party cases, there may be rare exceptions when the conduct of law enforcement is shockingly egregious.
Typically, third-party cases have strong grounds for lawsuits, but general negligence principles will still play a role in South Carolina police pursuit cases. Furthermore, third-party cases may include passengers in the suspect's vehicle, especially if they are minors and were not involved in any illegal activity that prompted the police pursuit.
When pursuing a police pursuit lawsuit in South Carolina, it is crucial to understand the state's Tort Claims Act. This law enables the government and its subdivisions to be held accountable for their actions, just like any other private person, but with certain exceptions. To navigate this complex legal terrain, it is advisable to seek the assistance of an experienced attorney.
The Tort Claims Act governs the circumstances under which the police agency may be held liable and sets limits on potential recovery, with a cap of $300,000 per claim against a governmental entity. It is important to note that additional claims under federal law and constitutional rights violations may also be pursued.
While determining liability in a high-speed chase case is a nuanced task, you shouldn't be burdened with such tasks, especially if you're an innocent victim. At Lauren Taylor Law, we believe it's our job to analyze the situation and understand the law, not yours. However, when you reach out to our office for representation, it's imperative we find out what happened and gather details to see if your case is valid.
To do so, we'll ask some common questions, which may include one or more of the following
One of the key pieces of information our police pursuit attorneys require is whether you were directly involved in the chase as the first party or if you were an innocent bystander or passenger as a third party. If you were the person fleeing from the police and sustained injuries in a crash, it's unlikely that you would have a valid claim against the officer. However, if you were an innocent bystander or motorist who was hit during the chase, you may have grounds for a viable case. This is especially true for innocent passengers, particularly children, who were in the vehicle being pursued and may have a claim against the officer involved.
When it comes to lawsuits involving gross negligence and recklessness, governmental entities in South Carolina do not have absolute immunity under the Tort Claims Act. While this means an officer can be sued for damages in certain situations, there are exceptions to the waiver of immunity, and lawsuits against government entities can be subjected to a monetary cap. To ensure the best possible outcome in your case, it's crucial to work with a knowledgeable high-speed chase attorney Near Me Summerton, SC, who knows how to navigate relevant laws.
When a police car is in pursuit with its lights and sirens on, it's crucial to pull over to the side of the road or stop at the intersection. Failure to do so could result in a crash, and in such a case, you may be held responsible for the accident and wouldn't have a case against the officer driving.
Determining whether the officer violated their department's policies during a high-speed pursuit is a crucial factor in these cases. Pursuits following routine traffic stops, non-violent property offenses, and unconfirmed suspicions are often prohibited in many municipalities. However, if the officer who hit you was pursuing a violent criminal and adhering to departmental policies, it may be challenging to build a case against them.
Many law enforcement agencies in South Carolina have strict regulations in place when it comes to the location and speed of police chases. Typically, speeding through busy urban areas is prohibited, but pursuing a suspect at high speeds on a highway or in a remote region may be deemed appropriate.
Are you curious about what type of compensation you may qualify for if you're the victim of a high-speed chase in South Carolina?? As you probably guessed, financial compensation varies from case to case, as each injury victim and the circumstances of their situation are unique.
Depending on the details of your police pursuit case, you may qualify for one or more of the following types of compensation
Remember - to determine the full extent of the compensation you deserve, it's crucial that you reach out to a trusted police chase attorney, like those you'll find at Lauren Taylor Law. Working with a pro is the best route to take if you're looking to receive the maximum amount of money you deserve.
In the end, a police pursuit case will ultimately be decided by a Jury unless a settlement is reached. Jurors will be expected to apply negligence principles and carefully review the policies and procedures of any police force accused of wrongdoing. Additionally, jurors may scrutinize the training and resources provided to on-duty officers, as a lack of proper training can contribute to officers wrongly initiating high-speed chases.
Thankfully, if you or a loved one has been injured as a result of a police chase in South Carolina, a high-speed chase attorney Near Me Summerton, SC, can help. Our team of police pursuit lawyers at Lauren Taylor Law has the expertise and resources necessary to investigate your case, no matter how complex. Don't hesitate to contact us today for a free consultation and take the first step towards justice.