by Shawn Wells

Created on: June 23, 2011

Police operate in a very public forum.  Anything a police officer does in their official capacity is open to public review, debate, and criticism.  This is even more true when an incident involving the police results in the death or serious injury of a person.  Such as when a shootout between offenders and police leaves people dead on either side.  Or when an arrest ends with a broken arm for the defendant.  Or when a police pursuit ends with the death of the person fleeing the police, or worse, ends with harm to innocent bystanders.

Police pursuits always catch the attention of the public.  They are exciting to watch, as a fleeing motorist dodges this way, then that way, then tries some other crazy and reckless maneuver to evade the pursuing police units.  What people watching a pursuit from the safety and comfort of their living room couch need to remember, however, is that a police pursuit is a very dangerous event.  Dangerous for the police, dangerous for any people who have the misfortune of being nearby, and yes even dangerous for the fleeing motorist.  The police officer who pursues a motorist knows about these dangers.  They are trained to recognize these dangers, and it is their responsibility to keep everyone safe, including the motorist committing multiple vehicle and traffic infractions in a bid to get away.  It is the police officer who is responsible for initiating the pursuit, and it is the police officer who will be responsible for ending the pursuit.  Either by getting the motorist to stop, or by choosing to stop the pursuit of the motorist.

But whose responsibility is it when a police pursuit injures someone?  Kills someone?

Considering all the factors already laid out here, it would be easy to conclude the police are always responsible when a pursuit causes injury or death.  But is that the case?  The other side to this question is this: what responsibility does the fleeing motorist have?  And the answer to this question is that the fleeing motorist has a great deal of responsibility and should not be held blameless when something happens.

In America, as in most every country in the world, we use the roads and highways as a privilege.  Part of that privilege is the responsibility to drive in a manner that does not endanger anyone else.  That's why there are so many traffic laws.  Stop at the stop sign, signal for your turns, don't

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