It is an altogether too-frequent occurrence: a person is standing on a sidewalk, crossing a street or lawfully proceeding in a car, when suddenly he is struck by a vehicle involved in a police chase. Given that such incidents nearly always involve high speeds, the injuries are frequently catastrophic and often fatal. Such incidents are always tragic, because the victim always just happens to be “in the wrong place at the wrong time.” Nevertheless, whether the innocent victim of such an incident may recover compensation for the injuries and damages sustained depends on the unique circumstances of each case, vigorous and timely investigation by counsel, and a skillful presentation of those facts in court. These cases are intricate, costly and time-consuming, and most of the time, prove to be unsuccessful due to legal pitfalls and immunities.

Upon the initial introduction to any injury arising from a police chase, it is first necessary to undertake an intensive investigation to determine whether facts exist to support a claim, and whether the damages make prosecution of the claim economically feasible. At the outset, it is necessary to take affirmative and aggressive steps to obtain all reports and media accounts of the incident. It is necessary to obtain any and all “pursuit” reports, which are mandated by the Attorney General Guidelines. It is imperative to notify all investigating and law enforcement agencies of representation, and to demand production and/or preservation of all items of physical evidence. This includes not only documents, but also videos, dashboard videos from police vehicles, surveillance camera videos, call reports, communications logs, specific orders issued and all audio recordings of communications occurring before, during and after the chase.

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