The Chicago Personal Injury Law Blog

City And Officer Sued For Causing Injury During Chase

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Nearly one year ago, police officer Dean Angelo was engaged in a high-speed chase where he allegedly was "speeding and weaving in and out of traffic and ran a red light." Just like in the Dukes of Hazzard, the cop rammed into the car of an innocent bystander.

Now the man whose car the police cruiser collided with, David Martinez, is suing both the city of Chicago and Angelo for negligence (Chicago Now).

The lawsuit claiming damages in excess of $50,000 (including legal costs) was filed in Cook County Court on Dec. 1. Two counts are detailed in the complaint, willful and wanton acts and negligence. 

A total of seven willful and wanton acts -- done "knowingly and with conscious disregard for the safety of others" -- are listed in the complaint, which give a nice summary of (alleged) events:

  1. [Defendant Angelo] inititiated and continued a hig speed vehicle chase or pursuit through residential and commercial streets in Chicago;
  2. operated the police vehicle at a rate of speed greater than was reasonable and proper given the traffic and road conditions endangering the safety of persons and property;
  3. initiated and continued a police chase or pursuit of a vehicle in a manner which endangered the safety of other drivers, including Plaintiff David Martinez;
  4. failed to call off the chase or pursuit and endangered the safety of others, including Plaintiff David Martinez;
  5. [Defendant Chicago] failed to properly train the officers involved in the aforementioned in a safe manner in which to initiate a high speed pursuit;
  6. [Defendant Angelo] ran a red light at a high speed and collided with Plaintiff's vehicle;
  7. was otherwise guilty of willful and wanton conduct in the ownership, operation, management and control of said police vehicle.

Without knowing the outcome of this case, what does this lawsuit mean for the police department's ability to pursue and apprehend suspects by car? On the other hand, what is the public's expectation of relative safety with respect to potentially deadly chases?

These are tough questions with no clear answers.

A National Highway Traffic Safety Administration report estimates that high-speed police chases result in about 350 deaths per year, according to an article posted on JRank.org. Even more alarming is the fact that more than half of police chases ensue because of routine traffic violations.

So it will be interesting to see how the Chicago Police Department responds, if at all, should Martinez win his case.





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