Summary of facts

• Officer Speedy of the Leo police department was patrolling in her cruiser around midnight last night. A black sports car came careening around the corner and almost hit the cruiser. Officer Speedy pursued the sports car at a rate of speed more than 100 mph through downtown Saint Leo.
• The bars were closing, and some people were in the area. Officer Speedy lost control of the cruiser, jumped a curb, and hit and killed a pedestrian on the sidewalk. The sports car driver looked back to see what happened to the cruiser and drove into a telephone pole, killing him.
• The sports car driver looked back to see what happened to the cruiser and drove into a telephone pole, killing him.
• The department does not have a “hot pursuit” policy

Legal issues

Several legal issues erupt from the above facts that are presented in the case scenario. The legal issues emanating from the case are;

• The first legal issue is whether the Officer speedy of Leo Police violated the law by deciding to persuade the sports car considering the department had no hot pursuit policy
• Whether the Officer Speedy of Police broke the law by speeding downtown of Saint Leo at a rate of speed over 100mph while pursuing the sports car.
• Whether the Officer Speedy of Leo Police is liable for the death of the sports car driver
• Whether or not the Officer Speedy is responsible for the death of the patient that he hit and killed while chasing the driver of the sports car.

Arguments presented.

In this case scenario, there are three sides. The first is to accept that the driver was liable for the killing of the pedestrian and that the Sherif and the city should bear liability and pay the family of the pedestrian. The arguments for this case is that the officer was over speeding, an excess of 100 mph through downtown. Since this is an overcrowded place, unlike in rural areas of the United States, the speed exceeded the required minimum. Another argument for this side is that the pedestrian was walking on the sidewalk of the road which is the recommended area for pedestrians. Therefore it is not the fault of the pedestrians by all means that he/she was run over. The second side the family for the sports car driver who is suing the Sherif and City of Saint Leo for the death of the death of the driver. The arguments presented here is that the driver was driving at high speed to escape the Officer leading to hitting the telephone pole. This is because the pursuit was unlawful because the police department of Saint Leo had no hot pursuit.

Applicable laws

Car accident law

A car accident or single vehicle accident laws are laws that govern the determination of a liability in situations of an accident that involve one vehicle.[1]It implies an accident which only one vehicle is involved. Since its only one vehicle that is involved in the accident, the  laws infer any damage caused to the person who was in the best position to avoid the accident, which is usually the driver. This is usually a result of operators negligence, errors, overspeeding or driver fatigue. However, the law provides that the liability can be transferred to another party in cases of actions or inactions of other persons such as defective car parts, defects on the roadways or the obstacles on the road. In these instances, the driver is entitled to cause legal action against the one who caused the dangerous condition that led to the accident.

Wrongful death claim lawsuit of Florida

According to Wrongful death claim lawsuit, a wrongful law claim exists when a person who is innocent has died as a fault of another person or entity [2].The law provides that the survivors may survivors may be able to bring a lawsuit against a person who was liable for death, usually the driver or one who initiated action or inaction that lend to the accident. The law provides for compensation to the family of the deceased or even the survivors of the accident. This includes compensation for companionship as well as funeral claims. This claim involves all types of fatal accidents right from a simple car accident tp complicated medical malpractice or even situation of product liability cases. The representatives usually file it on behalf of the survivors or survivor who is directly or indirectly affected by the accident’s death. According to the legal lawsuit provisions, the persons who can file a wrongful death suits include distant and immediate family members, all persons who suffer financially, distant family members, life partners, financial dependents and putative spouses. The lawsuit also provides that the person who may be sued includes employee or employer at fault[3]. The lawsuit and its provisions vary from one state to another.

In reference to this,  the lawsuit the Sherif and City of Saint Leo is liable for the death of the pedestrian who was hit while on the sidewalk. According to the law, the officer was in a position to control and avoid killing the passenger since the passenger who on a safe side (Sidewalk). The family of the pedestrian has a legal claim on a financial claim such as medical expenses, loss on expected earnings benefit losses non- economic losses such as mental loss, loss of love, and loss of care as well punitive losses.

However, Officer Speedy is not liable for the death of the sports car driver.

Hot pursuit law

This is a law that provides a police officer to pursue the law offer especially on the road without any delay. It also provides chase of the suspect or an escaped felon in the cases of emergency where there is no time to alert law enforcement people in that area[4]. Hot pursuit intends to arrest the suspect who is in the course of escaping. The Police officer is permitted by this law to break traffic laws such as traffic signs and speed limit provided by various states in the pursuit of the law offender. This is to ensure that no one broke the law and sought an escape.

However,the law has an exemption especially on situations where the pursuit is likely to cause a worse situation that may lead to further loss of property or life. Hot pursuit law provides that its better for law enforcement or traffic officer allow a temporary escape apprehension rather than to jeopardize the safety of the public as well as that of the officer in the hot pursuit. This is so especially in the crowded and busy cities and places, as the pursuit which in most cases is under high speed may put the life of the officer as well as that of the other citizens at risk.

Recommendations to the sheriff

• The Sheriff should not take the threat by the family of the sports car driver serious because their cases have no legitimate claims.
• However, the sheriff should take the threat by the family of the pedestrian seriously as their cases have a legitimate claim. The sheriff and the City of Saint Leo should, therefore, accept the liability caused by the Speedy officer and agree with the family to pay the compensation thereof without the family taking legal action.
• The Sherrif should punish Officer speedy.

Reasons.

According to wrongful death claim lawsuit, a person Is liable and regarded as having caused death if his/her actions or inactions resulted in the death of the deceased. In this situation, the family of the deceased have a legal claim hence can sue the culprit, who in most cases is the driver or the employer. However,considering the cause of the death of the sports car driver, the mother cause is careless driving and negligence, The accident occurred because the driver while being pursued looked back to see what had happened to the cruiser that had hit the pedestrian. It’s not the fault of the officer that the driver looked back and as a result hit the telephone pole. The family of the Sportscar driver has, therefore, no legitimate loan.

According to hot pursuit law, a police officer is required to let the offender escape in cases were the chase through an area that is overcrowded and there is the likelihood of jeopardizing the safety of other citizens or that of the officer. Therefore,in reference to this law, the Officer should not have pursued the driver downtime of Saint Leo city at that time. To make matter worse, the department had no hot pursuit policy hence making the whole chase unlawful.

In reference to wrongful death claim lawsuit of Florida, the family of the pedestrian has a lawful claim[5] .This is because the lawsuit required that a person who dies as a result of actions or inactions of the other should be compensated. Officer speedy had a duty to drive the vehicle carefully; hence the accident occurred as a result of his negligence. Besides, the car accident law requires that any road user should follow all the traffic laws and in any case of misconduct or accident, the person who was in the best position to prevent or control the action that leads to the accident should be liable for such inaction. In this case, Officer Speedy was in the best position to avoid the action by driving carefully. Also, he violated traffic laws (49  U.S. Code 31301, chapter 313) that provides for the maximum speed for each state. By driving more than 100, it was a violation of the law hence liable.

The Sherif should punish the officer because he acted against the law by pursuing the sports car driver, when he was aware that the department had no hot pursue policy. Even if the department had the policy, he should not have chased the driver downtown at such high speed when he knew that there were many people in the area. He should, therefore, be punished to act as an example to others who might have the intention to break the law.

Core values

Responsible Stewardship

By producing quality professional who can assist the community in handling its problems and cases as presented in this scenario,the importance of responsible stewardship is implicated,
Integrity

The analysis of the above cases and arguments required honest review of the statute,cases, and laws and giving an honest opinion; hence integrity played a significant role.

Respect

Respect was critical in analyzing and giving an opinion and advice to the Sheriff regarding the case presented.

References

Calabresi, G. (1975). Concerning Cause and the Law of Torts: An Essay for Harry Kalven, Jr. U. Chi. L. Rev., 43, 69.

Murphy, S. D. (2006). Principles of international law (p. 447). Thomson West

Shavell, S. (2009). Economic analysis of accident law. Harvard University Press

Stephens, B. (2000). Corporate liability: enforcing human rights through domestic litigation. Hastings Int’l & Comp. L. Rev., 24, 401.

[1] Car Accident Law – HG.org [Video file]. (n.d.). Retrieved from https://www.hg.org/car-accident.html

[2] How a Wrongful Death Lawsuit Works [Video file]. (2013, December 24). Retrieved from https://www.alllaw.com/articles/nolo/personal-injury/how-wrongful-death-lawsuit-works.html

[3] How a Wrongful Death Lawsuit Works [Video file]. (2013, December 24). Retrieved from https://www.alllaw.com/articles/nolo/personal-injury/how-wrongful-death-lawsuit-works.html

[4]. US Legal, Inc. (n.d.). Hot Pursuit Law and Legal Definition | USLegal, Inc [Video file]. Retrieved from https:/.uslegal.com/h/hot-pursuit

[5] US Legal, Inc. (n.d.). Hot Pursuit Law and Legal Definition | USLegal, Inc [Video file]. Retrieved from https://definitions.uslegal.com/h/hot-pursuit

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