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Caught in the crossfire: Navigating Liability when police chases go wrong

Police cars at night. Police car chasing a car at night with fog background. 911 Emergency response police car speeding to scene of crime. Selective focus
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We’ve all been entertained when watching these high-speed police chases on the news or social media. The would create a sense of nostalgia from our days of playing “cops and robbers” on the playground. In the back of our minds however, we have that reassurance that it will never happen to us. Unfortunately, one day you're driving down I-4 and suddenly your world explodes because someone decided to run from the cops. Now you're sitting there, head spinning with a totaled car. Your mind flashes to who’s at fault, insurance, medical bills and zero clues as to where to even start.

Here's the thing about getting hurt in a police chase—it's not like your typical car accident. The insurance game is completely different. Stick around as we break down events in this scenario that could make or break your case.

Who's Actually Responsible?

Let's start with the obvious one: the runner. Florida Statute 316.1935 doesn't mess around when it comes to fleeing from police. Run from cops at high speed with complete disregard for everyone else on the road? That's a second-degree felony. Cause serious injuries or kill someone? Now we're talking first-degree felony with a mandatory three years behind bars. So yes, the person running is definitely on the hook for your damages.

But here's where it gets interesting.

What about the police? We’ve spent time digging through the Orlando Police Department's Policy 1120.15 on vehicle pursuits. Turns out, officers are supposed to weigh whether catching the suspect right now is worth the danger they're creating. They can't just go full Fast and Furious because someone ran a stop sign. If a cop keeps pushing a chase that's putting civilians at serious risk over something minor, you might have a case against the department too.

Now, before you get too excited—suing a police department is a tall order to say the least. You're dealing with sovereign immunity and potential government protections. Most lawyers won't touch it with a 10-foot pole. But sometimes officers violate their own department's policies, and that's where things change. We look at whether they followed protocol or if they went off the rails.

Time Isn't on Your Side

These cases move lightning fast as the driver's criminal case starts immediately. Internal affairs opens an investigation, while evidence starts disappearing. Body cam footage gets overwritten. Witnesses forget details. You need someone to pounce on this fleeting information like yesterday, not six months from now when you finally decide to call a lawyer.

We understand that getting hurt because of someone else's stupid decision to flee from police is bad enough. But don't compound it by trying to face this experience this alone.

Let's Talk

Have you been caught up in a police chase through no fault of your own? We take the time evaluate your case under a microscope to give you a fighting chance. You don’t have to remain "caught in the crossfire" of a legal battle you didn't ask for. If you’ve been hurt in a pursuit, you need an injury strategy that works. Call The Sekou Clarke Law Group at (407) 269-8774. We're fighting for people in Orlando, Panama City Beach, New York, and Kingston.

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