Who’s Responsible When Police Pursuits Causes Collisions?
High-speed chases, police maneuvers, and roadblocks can lead to collisions. These accidents can unintentionally harm bystanders, other drivers, and suspects. But what happens when police actions cause bodily harm and property damage in California? That’s when it’s time to talk to a police misconduct attorney in California about your legal options.
When you’ve been affected by police misconduct, the Law Offices of Dale K. Galipo should be your first call. Led by founder Dale K. Galipo, our team has made a reputation by aggressively defending those who have suffered serious civil rights violations. For decades, we have taken case after case to trial to hold negligent and overreaching police departments accountable. Call us at 818-347-3333 to discuss your case with our police misconduct law firm now.
Common Scenarios Where Police Force Leads to Collisions
Police actions can lead to car accidents in several different ways:
- High-speed pursuits: Attempting to catch a suspect is inherently dangerous, and police vehicles have been known to collide with other vehicles, objects, or pedestrians during chases.
- PIT maneuvers: These maneuvers involve a police officer intentionally striking the rear of a suspect’s car in an effort to make it spin out. When executed incorrectly or in an unsafe setting, these maneuvers can cause a lot of collateral damage.
- Roadblocks and spike strips: Roadblocks, spike strips, and other obstacles set up to catch suspects can cause drivers to lose control of their vehicle, and in many cases, this affects uninvolved motorists.
- Collisions with police vehicles: During a pursuit or emergency response, a police car can collide with another vehicle, pedestrian, or bicyclist.
- Crowd control incidents: Police may set up their vehicles to block protest routes or control crowds at large gatherings. However, collisions may occur when police are trying to position their vehicles or when they impede the flow of vehicle traffic from other directions.
Immunity and Exceptions
As any police misconduct attorney will tell you, police are often granted widespread immunity for anything they do in the course of their work. This includes collisions they cause while in pursuit of suspects.
However, California law has specific requirements for the safe conduct of motor vehicle pursuits by police officers. Policies that aim to maximize safety and minimize risk must:
- Outline when it is appropriate to initiate a pursuit and identify issues that must be considered when determining whether or not to chase a suspect
- Specify how many law enforcement vehicles may participate in a chase
- Specify communication procedures to be used during a pursuit
- Clarify driving tactics and pursuit intervention tactics that may be used
- Specify when to terminate or discontinue a pursuit
If a police department has a written policy that meets legal requirements and they follow that policy during pursuits, they may have immunity for any damage caused during a chase. A department without such a policy may be held liable for the damage they cause.
Who May Be Held Liable
Victims of these collisions are often frustrated at their apparent lack of options, and unfortunately, that is a very real problem. In some cases, the party liable for their losses is the suspect driver—but these drivers are often uninsured or underinsured and have minimal assets with which to pay out damages. If police are responsible for a crash, they may still not be legally liable due to immunity granted by state law.
However, you may still have options. While it can be very challenging to hold police accountable for the harm they cause while working, it doesn’t mean that it’s impossible. With the help of a police misconduct lawyer, you may be able to hold negligent police departments accountable and fight for the compensation you need to cover medical bills, damage to your vehicle, and other accident-related expenses.
How an Attorney Can Help
Working with the right police misconduct lawyer is important. Claims against government entities must follow strict protocols and timelines in California, and failing to meet these requirements can lead to your complaint being dismissed. Choose an attorney with extensive experience filing claims against government agencies to navigate this process more easily.
Demand Justice—Contact the Law Offices of Dale K. Galipo Now
If you’ve been injured in a crash caused by a police officer, it’s time to explore your legal options now. Tell us about your case by connecting with us online or calling us at 818-347-3333.
