Who’s Responsible for Police Pursuit Crashes?

We’ve been reading about deadly Los Angeles police pursuit crashes more lately.

Last month, a Cal State Northridge student was killed when a driver fleeing police ran a red light, causing a deadly collision.

Two other innocent men lost their lives in another crash in Los Angeles in early February, and a Los Angeles police officer is facing criminal prosecution for wreckless driving resulting in a Los Angeles police pursuit crash.

These stories beg the question: who’s responsible for a police pursuit crash?

The answer is: it’s complicated. Like many things in the law.

Let’s start with the California Vehicle Code Section 17004.7. As a general rule, law enforcement agencies and/or emergency vehicles are immune from liability when a crash results from the emergency vehicle performing it’s functions.

However, the Vehicle Code goes on to list multiple factors that are to be applied to determine whether the immunity continues in each situation. If you’re confused reading this section, you’re not alone. Courts spend a lot of time going through each factor, and each police pursuit crash will be analyzed factually on a case by case basis.

A key issue is whether the particular police agency has a written policy discussing the factors to be used when engaging in a police pursuit, and whether officers in that department confirm that they are familiar with these policies. This issue comes up in many police pursuit crash cases.

Recently, the State of California published statewide standards for law enforcement agencies to consider in police pursuit cases. Many local departments, such as the Los Angeles Sheriff’s Department, have their own standards.

The bottom line is police pursuit car crash cases can be incredibly difficult. While law enforcement agencies used to enjoy unfettered immunity from civil liability in these cases, the state legislature has been tapping the brakes and imposing more of a multi-factorial analysis in police pursuit crash cases. There’s no black or white answer—every case is different and must be analyzed on its own facts.

If you or someone you know was hurt by a driver fleeing from police or other police pursuit crash, contact a lawyer who is familiar with the nuances of this area of the law.

The Rabbi Lawyer is ready to assist, 24/6.