What happens when a police pursuit causes injuries?
We all have vivid memories of high-speed police chases occurring in and around Los Angeles. Ever since O.J. Simpson made a run for it (and possibly beforehand) back in 1994, the police chase as we know it has been linked with Southern California.
Many of you might have seen the horrific video of a motorcyclist who was killed in West Hills in January after colliding with another car while fleeing from police. Earlier this week, a Los Angeles pedestrian narrowly avoided being hit by a driver who was also fleeing from police. Police officers must often make a serious calculation as to whether to continue the police pursuit, or to call it off to protect the safety of other motorists and pedestrians.
This raises the obvious question: what happens if an innocent bystander or motorist is injured in a collision with a fleeing vehicle, or with a patrol car attempting to stop that fleeing driver? Does the injured person have recourse against the law enforcement agency that initiated the police pursuit?
The answer can be found in the California Vehicle Code. Section 17004.7 provides that a police agency is immune from liability for civil damages or personal injury to or death of any person resulting from the collision of a vehicle being operated by an actual or suspected violator of the law who is being pursued in a motor vehicle by a police officer.
Police agencies have the discretion to adopt policies and procedures regarding police pursuits. This is not required, although practically, many police agencies do. Both the Los Angeles Police Department and the California Highway Patrol have these procedures in place.
The Vehicle Code lists several criteria police agencies should include in their policies and procedures.
Interestingly, the California Supreme Court ruled in 2018 that even when a police agency “promulgates” their police chase policy to their officers, 100% compliance by all officers within the agency is not required. This is in keeping in line with the public policy reasons underlying the statute— which is intended to extend civil immunity to officers who must make split-second assessments whether to initiate, continue, or disengage from a police pursuit. (Ramirez v. City of Gardena (2018) 5 Cal. 5th 995.)
According to data prepared by the CHP, 500 people were killed in police pursuits between 2006 and 2020. Twenty percent of those killed were innocent bystanders.
My office has received calls from people affected by police chases. Section 17004.7 is a difficult hurdle to overcome.
If you have questions about injuries resulting from a police chase, please do not hesitate to reach out. These cases can be complicated, and it’s important to consult with an attorney familiar with the Vehicle Code and possible police immunity in cases like these.
