Police pursuits occur daily on California roads, often in intersections, school zones and residential neighborhoods. If a chase ends in a crash that involves you, the claims process can differ from a standard car accident case and cause confusion.
Explaining California’s government immunity laws
In California, government agencies and their employees usually have protection from lawsuits under the doctrine of sovereign immunity. However, this protection does not apply in every situation.
State law also provides strong civil liability protection to agencies that adopt and follow a compliant pursuit policy. If an agency fails to adopt, properly promulgate or provide the mandated annual training for that policy, the agency can lose the protection.
This opens the door to a civil lawsuit. Through the legal discovery process, an attorney can gather the evidence needed to prove that the pursuing officer acted negligently or wrongfully, such as by driving recklessly through a school zone.
Recognizing the fleeing driver’s role in liability
The person being chased often plays a direct role in causing the crash. If the evading driver’s negligence caused your injuries, you can pursue compensatory damages, which may include:
- Medical bills and ongoing treatment
- Lost wages during recovery
- Vehicle repair or replacement costs
- Pain and suffering
Liability does not have to fall on just one party, either. Depending on the circumstances of the pursuit, California law allows you to file a case against both the evading suspect and the pursuing law enforcement agency.
Safeguarding your rights after the crash
One of the biggest hurdles in these cases is the filing deadline. California’s Government Claims Act gives you just six months from the date of the crash to file a formal claim with the government entity involved.
That is much shorter than the two-year limit for most injury cases, and missing it could mean losing your right to seek compensation. Because the filing process for these claims can be complex, working with an attorney can take the administrative burden off your shoulders so you can focus on your physical recovery.
Preserving evidence is also critical. Pursuit reports, dashcam footage from the patrol car and any nearby surveillance recordings can all help show what happened. These records may become difficult to retrieve as time goes on, so requesting them soon after the crash is important.