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Kissimmee Criminal Defense & Injury Attorney > Blog > Personal Injury > Who’s Liable in a Car Chase Accident?

Who’s Liable in a Car Chase Accident?

Liability8

A high-speed chase on Florida’s I-95 resulted in three fatalities along with two other individuals having to be hospitalized with serious injuries. The crash occurred when a Mercedes that was being chased by the Florida Highway Patrol smashed into two tow trucks that happened to be stopped on the shoulder of an exit ramp. The event is being classified as a criminal traffic homicide investigation, and charges have not yet been filed publicly. It leaves one to wonder who, exactly, will be held liable for the deaths and injuries that occurred?

Liability Issues 

Figuring out who is legally liable for the aftermath of a car chase accident is tricky. Because Florida personal injury cases are based on comparative negligence, more than one party may share the blame. That means the suspect who was fleeing may be determined to be partially at fault, as well as the law enforcement involved in the chase, and potentially anyone else involved in the accident. It all depends on the degree of negligence—or lack of reasonable care—that each party exhibited under the circumstances in question. Certainly, the speeder is responsible to some degree; but what about the officers involved in the chase?

Scrutinizing Law Enforcement Actions 

Every situation is different, and the circumstances associated with any collision will be thoroughly analyzed to determine if law enforcement acted recklessly. Government entities typically enjoy sovereign immunity, which protects them from liability claims, but if it can be demonstrated that officers in a car chase were responsible for harm that occurred due to negligence or recklessness, it could be an exception to the sovereign immunity rule. For that to occur, certain issues must be explored:

  • Did the car chase occur out of necessity based on the alleged crime? Chasing someone with a malfunctioning blinker is not the same as chasing someone suspected of serious or violent criminal activity.
  • Did the officers involved act in accordance with department policy?
  • Was the risk of letting the suspect escape greater than the risks associated with a high-speed pursuit?

If it is determined that officers took the wrong course of action, the agency for whom they work may be on the hook for limited damages. The maximum amount allowed in most cases tops out at $200,000, although in rare circumstances that can be appealed with the legislature.

As far as the officers themselves are concerned, immunity protects them except in cases involving malevolent intentions, human rights violations, or bad faith actions.

Fighting for Best Outcomes 

If you or a loved one has suffered serious harm or death as a result of a high-speed chase, you may be unsure as to how to proceed in the quest to secure funds to address medical costs and more. The dedicated Kissimmee and Orlando personal injury lawyers at Salazar & Kelly can help. Schedule a confidential consultation in our office today.

Source:

floridatoday.com/story/news/2025/03/28/fhp-3-dead-in-i-95-crash-near-cocoa-driver-was-fleeing-at-high-speed/82707498007/

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