Police Pursuits and the Challenge of Risk Tradeoffs

The decision to initiate or continue a police pursuit is rarely simple. Departments must weigh the need to apprehend a suspect against the potential for injuries, fatalities, property damage, and public scrutiny if the pursuit escalates. For local government risk managers, that tension makes pursuit policy an important area for ongoing review — not only after a loss, but as part of broader conversations about training, supervision, technology, and the circumstances under which the risk of pursuit is justified.

“Even though most officers will never fire their weapon while on duty, the incidents that occur when weapons are discharged are why there is such emphasis placed on firearm training,” said Jared Smith, Risk Control Manager at Safety National. “Much of law enforcement involves high-risk, low-frequency events, such as drug incidents, riots, and police pursuits, where officers may find themselves in unfamiliar territory.”

Severe claims with low frequency are also where plaintiffs’ attorneys often focus their attention. The conduct and risk exposures that led to these claims may be untested by case law, yet are subject to significant policy and public expectations, creating many ways law enforcement agencies can end up on the losing side of litigation.

Recent cases across the country offer lessons that risk managers can use when discussing how law enforcement agencies can reduce risk.

Officer Response Under Stress

In a recent incident, officers initiated a traffic stop. When the suspect failed to stop, a pursuit ensued. After the suspect stopped, officers ordered him out of the vehicle. When he exited, the officers mistakenly believed he had a weapon and opened fire. Although officers allegedly fired more than 40 rounds, the suspect was struck six times. Combining the high-risk, low-frequency stress of a pursuit with the use of firearms creates a situation that officers may not be able to adequately replicate in training.

Suspect Injury

Law enforcement agencies may not be immune from liability for injuries sustained by suspects during police pursuits. In a separate pursuit incident, the suspect sustained injuries leading to quadriplegia after his vehicle rolled. Medical costs from this type of injury can be devastating for those responsible for care. A jury may be sympathetic to these types of claims due to the nature of the injury, even when officers have not deviated from standard pursuit procedures.

Bystander Injury

The most devastating pursuit-related accidents occur when uninvolved members of the public are injured or killed, representing the most common police pursuit claims. Factors such as crosswalks, intersections, high speeds, weather, traffic, adrenaline, and unpredictable behavior can heighten the danger to the public. While officers may train for high-speed pursuits, suspects likely have no training and little concern for public safety. These variables cannot be fully replicated on a trained driving course.

These examples of pursuit-related incidents point to a need for local government risk managers to consistently partner with their law enforcement agencies to mitigate risks. As public sentiment toward police pursuits continues to shift, local government risk managers and law enforcement agencies should continue examining vehicle pursuit policies, the risk tradeoffs involved, and the role technology and innovation can play in reducing exposure.