While the idea of a police chase may bring to mind the latest action movie you watched recently, these pursuits can happen in real life and be highly dangerous for civilians in the vicinity. Motorists or pedestrians can be at risk of injury if they are in the wrong place at the wrong time and are struck by the vehicles involved in the chase. You could even be hit by a police car and face a lengthy legal case while trying to recover compensation for your losses. 

Liability Restrictions Regarding Police Officers

If you have been hit by a police car during a pursuit, it is normal to wonder if and what legal options you might have. Because the accident involved law enforcement, you cannot follow the normal accident claim process. 

According to Maryland Transportation Code § 19-103, unless a police officer was acting negligently during the pursuit, they have immunity from liability. As such, their privileges can make it harder to file a claim. For eligible claims, it may also be challenging to recover damages, and the case may exceed the average car accident settlement timeline.

Police should avoid vehicular pursuits as much as possible and exercise utmost caution when they engage in a chase. They are also expected to follow all established police procedures and protocols for when these circumstances occur. 

These are some factors you should consider before taking legal action:

Notice of Your Claim 

If you pursue a legal claim against the police in Baltimore, MD, there is a tight deadline for filing a claim. Within one year of the accident, you will need to file a claim letter with the governmental agency in charge of the police unit that caused the accident. This means you must act quickly to preserve your rights and begin the legal process within the specified time frame to avoid dismissal.

Burden of Proof

Once the claim is made, the burden of proof is on the injured party. Your lawyer must demonstrate that local law enforcement violated a police policy regarding chases. Evidence such as video footage, eyewitness statements, and expert testimony can be critical.

If evidence of this claim is successfully established, then local law enforcement may be required to provide compensation for the losses you suffered. 

Losses You Could Recover After Being Struck by a Police Car

If you are entitled to pursue a claim against the police for injuring you in a chase, there are different types of damages you may be able to recover. The first of these is economic damages, which may provide for a variety of medical expenses, damage to your vehicle, and income that you have lost as a result of your injuries.

The other type of compensation you may be able to recover is non-economic damages, which includes your pain, suffering, and emotional and mental distress. Your lawyer can help you evaluate your situation and determine what compensation you may be entitled to receive, especially educating you on any limits on damages.  

Given the complexities of claims involving law enforcement, it is important to have a lawyer who can help you navigate the legal process. Working with a Baltimore, MD personal injury lawyer will advocate to protect your rights, navigate the situation, and ensure that all the legal requirements are met for your case. 

A lawyer has experience communicating and negotiating with law enforcement to try to secure the results you deserve. As a result, they can provide valuable and reliable counsel in your time of need.

Contact the Baltimore Car Accident Law Firm of WGK Personal Injury Lawyers Today For Help

For more information contact the Baltimore car accident law firm of WGK Personal Injury Lawyers to schedule a free initial consultation.

WGK Personal Injury Lawyers
14 W Madison St, Baltimore, MD 21201, United States
(410) 837-2144

WGK Personal Injury Lawyers – Dundalk Office
7329 Holabird Ave Suite 3, Dundalk, MD 21222
By appointment only
(410) 970-3080