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Uhhhh, what? The driver of the police car would be 100% liable in this case, no question about it. Being in pursuit does not give police officers a licence to mow down civilians and shift the blame on the fugitive. Or am I mistunderstanding what you said?
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It pretty much depends. If he's been in a "high speed pursuit"
, it might depend on how careful and cautious he's been driven (i.e. was it 'necessary'). Of course, if you go at 100 mph (up to top speed) in a city with houses and gas stations, it's pretty obvious that the driver would be 100% liable, but you cannot over-simplify that at all.
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