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First of all, the priXXXXX XXXXXable party in this situation would be the defendant. The defendant would have a duty to stop, and failure to do so would cause him/her to be liable for the reasonably foreseeable damages that occur as a result of the failure to stop.
Now as to the liability of the police department: the caselaw on this situation would be Mumm v. Mornson, #A04-729, 708 N.W.2d 473 (Minn. 2006), holding that police officers had a non-discretionary duty under their department's pursuit policy to discontinue the vehicular pursuit of a suspect whose identity was known, in the absence of specified serious felonies, and were therefore not entitled to official immunity under Minnesota law for failing to discontinue their pursuit in a lawsuit brought by the widow of a pedestrian killed as a result of the pursuit. In short, police could be liable for being "unreasonable" in a pursuit.
If the pursuit is reasonable under the circumstances, the police could have immunity through a doctrine known as "sovereign immunity" (where governmental functions are typically immune from lawsuit, absent a showing of negligence, etc...)
That being said, you should contact an attorney in your area that deals with municipal law / government liability cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.
It all depends on the circumstances and reasoning behind the pursuit. If the police were unreasonable under the circumstances, then you could successfully sue them, particularly if you can't find the other party to sue.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
Thank you for your assistance, is there a attorney that you personally would recommend in the Fargo, Moorhead are?
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