Articles Posted in Government Liability

Accidents involving police pursuits can result in tragic outcomes, and when these incidents occur in Washington, D.C., they raise significant legal questions. Under D.C. law, police officers have specific guidelines for engaging in vehicle pursuits, particularly when public safety is at risk. However, when a chase ends in injury or death, questions about liability, negligence, and the rights of those involved often arise. If you or a loved one has been affected by an accident involving a police pursuit, it is essential to understand your legal rights and options.

Deadly Police Chase Ends in Fiery Crash in Southeast D.C.

Two people died, and another was injured after a high-speed police chase ended in a fiery crash near Southeast D.C.’s border with Maryland. The incident started around 12:15 p.m. on a Tuesday when Anne Arundel County officers in Annapolis spotted a white BMW that fit the description of a vehicle linked to multiple armed robberies in the D.C. area, including a recent one in Prince George’s County.

When we send our children to school, we expect that they will be safe and taken care of. Whether your children ride the school bus every day, walk, or get to school another way, there are always risks on the commute. When those risks, however, are created by negligent or reckless drivers, those who are responsible must be held accountable for their actions.

According to a recent local news report, a two-car accident near a local Washington, D.C. school has led to the community demanding change. Just inches from Kimball Elementary School, local authorities reported two cars colliding, which shut down nearby roads for several hours. The accident took place at a five-point intersection right next to the school. Two people were transported to a local hospital for treatment, but the severity of their injuries is unknown.

Witnesses and long-time residents of the neighborhood around the school claimed that crashes and speeding have been an ongoing issue for decades. While Washington, D.C. police have yet to release specifics on how the crash took place, neighborhood residents have been demanding speed bumps and speed camera installation for years to lower the prevalence of crashes. Fortunately, no students were outside at the time of the crash, but community members warn that it is only a matter of time before another accident takes place. The accident remains under investigation.

High-speed chases are a controversial issue that involves complex public policy and safety issues. While there may be a need for a high-speed police chase, these events can lead to severe injuries and death for Maryland motorists. The balance between apprehending those accused of a crime and the potential risk to the public is a challenging task; however, ultimately, public safety is paramount. Various studies have examined the impact of these cases, finding that high-speed police pursuit nearly 300 people each year. Of these fatalities, about two-thirds were traveling in the fleeing vehicle, while an overwhelming 30% were not involved in the chase. As such, many fatalities involve innocent Maryland motorists, passengers, and pedestrians.

Recently, Maryland news reports described fatalities stemming from a fatal-single vehicle crash occurring during a police pursuit. A motorist fled after police attempted to stop him for a traffic stop. While under pursuit, the driver lost control of their vehicle and crashed. Emergency responders transported one of the vehicle’s passengers to the hospital for non-life-threatening injuries; however, the second occupant suffered fatal injuries. State officials are continuing to investigate the accident.

Maryland maintains various rules that regulate the responsibility of local and state governmental entities. Under Maryland law § 19-103, police officers are not liable for injuries that stem from a police pursuit or any emergency. However, the immunity does not cover situations where the police officer was grossly negligent. Gross negligence refers to an “intentional failure” to perform a duty in the “reckless disregard” of the consequences of their actions. In other words, gross negligence occurs when an individual acts with wanton and willful disregard for the care and safety of others.

High-speed chases are an unfortunate yet common part of law enforcement duties in the United States. While these pursuits may be necessary, they also involve a significant amount of risk to anyone in the vicinity of the pursuit, such as the fleeing suspect, their passengers, pedestrians, bystanders, and other motorists. Although the essential purpose of a high-speed pursuit is to apprehend a fleeing suspect, officers should evaluate whether they can accomplish this apprehension by safer alternatives. The heavy flow of traffic and the number of bikers and pedestrians make high-speed police pursuits in Washington D.C. a dangerous prospect.

For instance, federal prosecutors in Washington D.C. recently charged an officer with various criminal charges following the death of a 20-year-old moped driver. According to one news source, police were pursuing the man because he rode his moped on a sidewalk without a helmet. The chase ensued into an alley, and when the man was exiting the narrow road, he slammed into another vehicle. Under Washington D.C. police regulations, officers cannot engage in a high-speed pursuit over minor traffic violations. The officers involved in the accident pleaded not guilty.

While the above report focuses on the criminal charges, these situations often elicit civil personal injury and wrongful death claims against law enforcement agencies. Unlike other types of accidents, those involve police cars typically involve complex governmental immunity laws. The Metropolitan Police Department police pursuit laws maintain that officers engaged in a pursuit must consider protecting human life and property. These officers must continually assess the conditions of the pursuit to determine whether to continue to stop the vehicle chase.

Washington D.C has a robust public transportation system and a growing cohort of cyclists; however, driving is still the most popular mode of transportation throughout the city. Thousands of people commute into Washington D.C. for work, business, and leisure. The growing number of cars, especially as schools and offices require in-person attendance, results in congested roadways. As such, Washingtonians and visitors are at risk of being involved in a car accident.

According to some reports, motorists driving in Washington D.C. are twice as likely to be involved in an accident compared to the national rate. While an accident can occur at any location, some Washington D.C. roadways and intersections are the sites of many accidents. These roadways and intersections include New York Ave. and Florida Avenue NE, 14th Street and U Street, NW, Pennsylvania Ave. and 12th Street, NW, 18th Street and Columbia Road, NW, and Pennsylvania Ave Anacostia Freeway SE.

These accidents can have devastating consequences on motorists, passengers, bystanders, pedestrians, and cyclists. For instance, Washington D.C. news sources recently described the tragic death of a 5-year-old girl. The report explained that the 5-year-old girl died while riding her bike near 14th and Irving Street, NE. Witnesses stated that the girl could not stop her bicycle and entered the intersection into the path of a Transit van crossing the area. The community gathered and is demanding changes to traffic safety in their area.

After a D.C. car accident, victims may be suffering from physical injuries as well as dealing with the financial losses of property damages, lost wages, and medical expenses. To hold a negligent party responsible for the victim’s losses after a crash, a victim may be able to file a Washington, D.C. negligence claim.

To show the applicable standard of care and that the defendant deviated from the applicable standard of care, an expert may be required if the subject area is beyond the knowledge of the average juror. To prove a causal relationship, a plaintiff must show that the defendant was a proximate cause of the plaintiff’s injury. Proximate cause has two components: cause-in-fact and a “policy element.” In deciding whether an injury is a cause-in-fact of a plaintiff’s injury, a plaintiff must show that the defendant’s negligent conduct was a substantial factor in bringing about the harm. Proximate caused has been a cause “which, in natural and continual sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred.” The policy element of proximate cause limits liability based on the foreseeability of the injury—according to D.C. courts, a defendant may not be held liable if the chain of events that led to the plaintiff’s injury was “highly extraordinary in retrospect.” Generally, proximate cause is a question of fact for the jury to decide.