LEGAL ISSUES OF PURSUIT DRIVING

The purpose of this article is to discuss the legal issues involved in police vehicular pursuits and identify the factors that should be considered by law enforcement organizations in policy development, training, and supervision of pursuit situations. High-speed pursuit driving often poses a greater risk to innocent citizens than police use of a deadly weapon. The hazards inherent in a vehicular pursuit to officers, suspects, and other motorists must be balanced against the need for immediate apprehension. Despite some differences in State laws, the basis for most pursuit-related liability is negligence. Pursuit litigation usually focuses on whether the police acted prudently and reasonably under the circumstances. Most State laws provide that police drivers operating a pursuit vehicle are under a legal duty to drive with due regard for the safety of others and may be liable for the consequences of their negligent or reckless conduct. The first section of this article discusses some general principles of liability applicable to police pursuits, including: (1) Duty owed, (2) proximate cause, (3) immunity, (4) Federal Civil Rights Act, (5) suits by injured officers, and (6) criminal prosecutions. The second section discusses eight factors that determine liability in a particular pursuit situation. The final section discusses departmental responsibility for liability reduction in the areas of (1) policy development, (2) training, (3) supervision, and (4) evaluation and documentation.

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/issn/00145688
• Corporate Authors:

  Federal Bureau of Investigation

  9th Street and Pennsylvania Avenue, NW
  Washington, DC  United States  20535
• Authors:
  • Schofield, D L
• Publication Date: 1988-5

Media Info

• Pagination: p. 23-29
• Serial:
  • FBI Law Enforcement Bulletin
  • Volume: 57
  • Issue Number: 5
  • Publisher: Federal Bureau of Investigation
  • ISSN: 0014-5688

Subject/Index Terms

• TRT Terms: Documents; Driving; Evaluation; Laws; Legal factors; Liability; Negligence; Police; Police pursuit driving; Policy; Supervision; Training
• Uncontrolled Terms: Documentation
• Subject Areas: Data and Information Technology; Education and Training; Highways; Law; Policy; Security and Emergencies; I10: Economics and Administration;

Filing Info

• Accession Number: 00601344
• Record Type: Publication
• Source Agency: National Highway Traffic Safety Administration
• Report/Paper Numbers: HS-040 628
• Files: HSL, TRIS, USDOT
• Created Date: Nov 30 1990 12:00AM