Sheriff’s deputies finally caught up with an alleged drug offender after he lost control of his car and overturned multiple times.
Christian County deputies spotted a man with an outstanding federal arrest warrant on Pembroke Oak Grove Road in Cadiz. They immediately began a high-speed pursuit. The chase ended with the defendant lost control of his car on Bradshaw Road. The vehicle overturned multiple times and eventually came to rest in a field.
 A woman and child were also in the car at the time. Emergency responders rushed all three to Jennie Stuart Health in Hopkinsville. The driver now faces several additional criminal charges.
High Speed Police Chases
In 1990, the Justice Department urged local law enforcement agencies to crack down on high speed police chases, as they were the “most dangerous of all ordinary police activities” because “[f]ar more police vehicle chases occur each year than police shootings.” For over thirty years, most police departments have ignored that advice. Or, they have anti-chase policies which are so full of holes that they’re basically meaningless.
Official immunity probably has much to do with this attitude. Most departments feel that officers won’t be held legally responsible in such incidents, so there’s no reason to address the issue. More on that below.
Officer attitude probably has much to do with this lack of action as well. On the record, police officers usually say things like “we can’t selectively enforce laws” to justify reckless chases. Off the record, they’re willing to admit that the adrenaline rush that comes from “getting the bad guy” is too hard to resist.
The lack of a strong anti-chase policy isn’t the only problem a Lexington personal injury attorney must overcome in such cases. These matters have some additional procedural hurdles as well. More on that below as well.
Overcoming Immunity
Official immunity is the controversial doctrine that shields police officers from liability in most shooting cases. In terms of criminal prosecutions, officers are essentially above the law, except in off-the-rails incidents like the Breonna Taylor shooting. In terms of personal injury actions, they’re above the law as well, unless a Lexington personal injury attorney establishes extreme recklessness. Some factors to consider include:

Time of day or night,
Severity of the alleged offense,
Location of the pursuit, 
Likelihood of civilian injury, and
Nature of the chase.

How do these factors apply to the above chase? Let’s break it down. The driver was accused of a “drug offense.” If his offense was drug possession, that’s not too serious. If the offense was drug trafficking, that’s pretty serious. So, this once could go either way.
Most of the other factors clearly lean in the direction of recklessness. For example, officers had to know there were two other people, including a child, inside the vehicle. Additionally, officers chased the defendant during the day, when many other motorists were on the road.
Attorneys must also deal with the sovereign immunity doctrine. This concept, which dates back to the Middle Ages, gives all government officials immunity from all civil actions. However, Kentucky has partially waived sovereign immunity, so this doctrine is easy to overcome. Most other states have done likewise.
Procedural Issues
Although sovereign immunity is mostly gone, the notice of claim rule remains. Before attorneys may file legal actions in court, they must file a notice of claim with the responsible government entity. 
This notice gives the city, county, state, or whoever a chance to investigate the matter and settle it quietly before the case becomes public record. The notice of claim rule also delays things for victim/plaintiffs.
Speaking of the responsible party, individual officers aren’t financially responsible for damages in these cases. Instead, their employers are financially responsible for them, under the respondeat superior rule.
These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in Lexington, contact the Goode Law Office, PLLC. We routinely handle matters in Fayette County and nearby jurisdictions. The post Three People Seriously Injured in High-Speed Police Chase Wreck first appeared on Goode Law Office, PLLC.