Reducing Civil Liability Related to High-Speed Pursuits

• NCJ Number: 199630
• Journal: Sheriff Volume: 55 Issue: 2 Dated: March-April 2003 Pages: 29-30,62
• Author(s): David Lesh
• Date Published: March 2003
• Length: 3 pages
• Publication Format: Article
• Publication Type: Instructional Material
• Language: English
• Country: United States of America

Annotation

This article offers a number of practical, low-cost suggestions for reducing civil liability for law enforcement agencies that stems from collisions related to police high-speed pursuits.

Abstract

A department's failure to have a written pursuit policy inevitably leads to criticism by plaintiff's counsel and expert witnesses. The primary argument is that the department has failed to provide its officers any written guidance on the factors to consider when making the critical decisions about whether to begin, continue, and terminate a pursuit. Also, police officers must receive some type of pursuit-related instruction every year. In such instruction, officers receive a yearly reminder that pursuits are an inherently dangerous activity that require compliance with the department's pursuit policy. Further, increasing the criminal penalties for suspects who attempt to flee or elude a law enforcement officer in a vehicle should be a priority of law enforcement agencies nationwide. In addition, law enforcement agencies should periodically review the devices and techniques that are available to be used in preventing and terminating pursuits. A department's liability in the event of a pursuit-related lawsuit can be mitigated when supervisors can testify that they review new products and ideas as they become available and that the agency uses those procedures that are effective, affordable, and practical. Another recommendation is that law enforcement agencies require their officers to document information from all pursuits, including those that end uneventfully. Finally, police agencies should manage pursuit collisions as serious criminal investigations. This will ensure that all evidence related to the pursuit and the collision is available should a civil suit be brought against the department. This article suggests the specific types of evidence that would be useful in this regard.