Albuquerque Police Pursuit Accidents: Stop or Go?

November 7, 2008

There was a recent Albuquerque car accident on I-25 and Paseo Del Norte. Although this in and of itself is not terribly noteworthy, let alone “blog worthy” for an Albuquerque injury lawyer, the way the accident happened is worth focusing on.

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In the early evening an officer observed a motorcycle traveling at a high speed, high being up to 140mph, on the freeway. Not surprisingly the officer began pursuing the moron on the motorcycle. However, when the Albuquerque Police Department officer followed the motorcycle off the interstate, he collided with a pickup truck. Apparently the motorcycle sped away.

Accidents that occur during police chases, or “pursuit cases” as they are referred to by Albuquerque car accident attorneys, require looking at whether the pursuit was following the police departments standard operating procedure.

Generally the SOPs require that the police officer balance the risk posed to the public by continuing the chase, with the harm of letting the subject remain at large. Essentially, if the risk the public is not worth catching the guy, the office should let up.

Each case needs to looked at closely by an experienced New Mexico car accident attorney, and while I would not begin to speculate as to whether the pursuit was justified in this situation, in nonetheless brings to light an important issue.

Of note, victims of New Mexico police pursuit accidents should be aware that to preserve all their rights to pursue their case, action must be taken within 90 days of the incident otherwise their ability to recover may be affected.