NCJ Number
111508
Journal
FBI Law Enforcement Bulletin Volume: 57 Issue: 5 Dated: (May 1988) Pages: 23-29
Date Published
1988
Length
7 pages
Annotation
The law requires all police officers to operate their vehicles with a due regard for the safety of others, and this can be achieved through sound policy development, realistic training, and effective supervision.
Abstract
The legal theory underlying most pursuit-related lawsuits is that the police were negligent in conducting a pursuit. A negligence action is based on proof that the officer owed the injured party a duty not to engage in certain conduct, the officer's actions violated that duty, the officer's negligent conduct was the proximate cause of the accident, and the suing party suffered actual and provable damages. Legal barriers to civil actions against police officers, such as immunity, have been removed in many jurisdictions by a combination of legislation and judicial decisions, even though the extent of immunity continues to vary. Pursuit-related liability under the Federal Civil Rights Act requires proof that an officer's conduct violated a constitutionally protected right. The extent to which police officers can sue a fleeing motorist or other citizen for injuries incurred during a pursuit varies among jurisdictions but generally requires proof that the person sued either failed to yield to an authorized emergency vehicle, was responsible for instigating the pursuit by choosing to disregard an officer's request to stop, or was negligent in allowing his vehicle to be stolen. Factors determining liability are the purpose of the pursuit, driving conditions, use of warning devices, excessive speed, disobedience to traffic laws, roadblocks, use of force, and continuation of the pursuit. To reduce the risks and liability associated with vehicular pursuits, police agencies should assess their pursuit policy, training, supervision, and post-incident evaluation. 48 footnotes.