NBC6 aired a piece on Joey Serpa this week. Joey was 21 when his motorcycle was struck by a Miami-Dade patrol car, near the airport. The traffic stop of a missing license plate turned into a pursuit. The lawsuit brought by his family accuses deputies of violating their own policy by chasing him. Joey was in the hospital for months, had more than a dozen surgeries, and ended up losing both of his legs.
That’s a sad case. And it’s also a good example of the question that families call me with on a regular basis: “If the police caused the accident, do we have a case?”
The answer is not simple, but let’s walk through it.
What Miami-Dade’s Policy Actually Says
Miami-Dade has one of the strongest pursuit policies in Florida. Deputies only can pursue someone if they believe that person committed or attempted a violent felony — use or threat of use of force against a person.
That’s it.
No speeding chases.
No traffic stop flee chases.
No stolen tag or missing plate chases.
If a deputy crosses those limits and somebody gets hurt, it is the County’s fault. That is exactly what Joey’s lawyers are arguing in his situation: this was not a violent felony, so the pursuit never should have happened in the first place.
When You Might Have a Case
The following are situations under which victims of a police chase might be able to bring a claim:
- Policymaking was violated: If the pursuit was for some minor misdemeanor or traffic violation, that’s outside policy. That’s an opportunity.
- Reckless disregard: Even if technically allowed, officers can’t patrol the streets in a way that shows reckless disregard for life. If their driving is responsible for the wreck, that’s pertinent.
- Civil rights issues: Sometimes, as in the case of Joey, the families assert more than negligence — false arrest, excessive force, or a denial of due process. Those are federal claims under the law and can accompany an injury claim.
- Training mistakes: Agencies must have written policies and training. If they fail to do so, the lack itself is sufficient to cause liability.
When You Probably Don’t Have a Case
If the chase was for a violent felony suspect (armed robbery, carjacking, etc.) and deputies complied with policies, the law tends to shield the agency.
If the suspect’s actions only caused the crash, and police initiated the stop properly, complaints typically don’t stand up.
Florida law grants enormous immunity to government agencies — unless you can prove policy abuses or recklessness, the case will not go forward.
The Big Catch: Florida’s Damage Caps
Assume you win your case. Florida law still has restrictions on how much you can recover when filing suit against a government agency. According to Florida Statute 768.28, the maximum is:
- -$200,000 per individual
- -$300,000 total for an incident
That leaves even catastrophic cases — an individual paralyzed, or in the case of Joey, the loss of both legs — capped at $200,000 unless the Legislature steps in with a special claims bill. That’s an infuriating fact for families, and one of the largest hurdles in these cases.
Why This Matters
Police chases aren’t just about apprehending bad guys. They’re about achieving the optimum balance of risk. Miami-Dade’s policy recognizes that reality: except when confronted with suspected violent felonies, the danger of a chase outweighs the benefit. When the threshold is crossed, innocent bystanders — even the suspect — end up paying the ultimate cost.
For Joey Serpa, the damage was irreparable. For other families, do you know if you have a claim? It starts with two questions:
- Was the pursuit allowed under the written policy?
- Did the officers act recklessly in how they pursued it?
If no to either, you may have the basis for a claim.
Final Word
These are tough cases, and the County will fight them hard. But they’re not impossible. With good records — pursuit logs, radio calls, policy manuals, and eyewitness testimony — it becomes clear when a pursuit crossed the line.
If you or a loved one was injured during a police pursuit, call Jaime “Mr. 786 Abogado” Suarez to Get You Paid!
