You were driving home. A car came through the red light at high speed with police behind it. You did nothing wrong, and now you or someone you love is badly hurt or gone.
A crash caused by a driver who flees the police can give you more than one claim: a claim against the fleeing driver, a claim under your own insurance, and in some cases a claim against the police agency. The claim against the agency has strict rules and a short deadline. Call us early.
A 39-year-old educator was killed when a driver fleeing Rialto police ran a red light. The claims say police chased a car they were already tracking.
Who can be responsible
- The fleeing driver. The driver who caused the crash is responsible. But many fleeing drivers have no insurance, or the car is stolen.
- Your own insurance. Your uninsured motorist (UM) coverage can pay when the at-fault driver has no insurance or cannot be found. Read about uninsured motorist claims.
- The police agency. A city, county or state agency can be responsible for how its officers drive and how it runs pursuits. California law gives agencies an immunity for pursuit crashes, but only when they meet specific conditions.
California’s pursuit immunity has conditions
In California, a public agency is generally liable for death or injury caused by the negligent driving of its employees (Vehicle Code § 17001). An officer is personally protected when driving an emergency vehicle in a pursuit (Vehicle Code § 17004).
Vehicle Code § 17004.7 gives the agency itself immunity for a crash caused by a fleeing driver, but only if the agency:
- adopted a written pursuit policy that meets the minimum standards the statute lists, such as when officers may start a pursuit, how supervisors control it, and when it must end; and
- promulgated that policy as the law requires, including regular training and a written certification from each officer that he or she received, read and understood the policy.
If the agency did not meet these conditions, the immunity does not apply, and the question becomes whether the officers acted with reasonable care. So in these cases we ask for the policy, the training records, the officer certifications, the dispatch records, the radio traffic, and the dash and body camera video.
A crash with the police car itself is a different case. Read about emergency vehicle accidents.
The deadline is short
Before you can sue a public agency in California, you usually must file a written government claim with that agency. For death and injury claims, the deadline is measured in months, not years (Government Code § 911.2). If the agency rejects the claim, another short deadline starts for the lawsuit. A missed deadline can end the claim against the agency. Read more about claims against government agencies.
What to do now
- Get medical care, and keep every record and bill.
- Write down what you saw and heard: sirens, lights, speed, the direction of the chase, and the time.
- Keep photos and video of the scene, your car and your injuries. Ask nearby businesses to save their camera video. Much of it is deleted within days.
- Get the police report number and the names of the agencies at the scene. More than one agency can be involved.
- Do not give a recorded statement to an insurance company or an agency before you talk to a lawyer.
When a pursuit crash takes a life
A spouse, domestic partner, child or other heir can bring a wrongful death claim (Code of Civil Procedure § 377.60). The same government claim deadline applies to a claim against the agency. Read about traffic fatalities.
Questions people ask
Can I sue the police if I was hit by the person they were chasing?
Sometimes. The agency is immune only if it met the conditions in Vehicle Code § 17004.7. Whether it did is a question of records: the policy, the training and the officer certifications. We get those records.
The driver was arrested. Do I still need a lawyer?
Yes. The criminal case punishes the driver. It does not pay your medical bills or your lost income. Your civil claims are separate, and they have their own deadlines.
What does it cost?
No fee unless we win. If we lose, you owe no fee and no costs.