California Police Pursuit Laws: Innocent Bystander Rights and Liability

California does not have a single no-chase law. Instead, each law enforcement agency follows its own pursuit policy and California Vehicle Code Section 17004.7. That section gives limited immunity to agencies that adopt and enforce a written pursuit policy meeting minimum standards. An innocent bystander may be injured in a police pursuit, whether struck by the fleeing vehicle or the pursuing vehicle. In that case, California law decides liability based on two questions. Did the agency have an adequate pursuit policy? Did the officer follow it? Attorney Damoun Yazdi evaluates police pursuit injury claims throughout Southern California.

Key Takeaways

• California Vehicle Code Section 17004.7 provides immunity to public agencies for pursuit-related injuries if the agency has adopted and is enforcing a compliant written pursuit policy
• An innocent bystander struck by the fleeing vehicle during a police pursuit has a direct negligence claim against the fleeing driver, and a UM claim under their own policy if that driver is uninsured
• An innocent bystander struck by the pursuing police vehicle may have a claim if the officer violated the agency’s pursuit policy or if the agency lacks a compliant policy under CVC Section 17004.7
• California Government Code Section 835 may provide an additional avenue when a dangerous condition of public property contributed to the pursuit accident
• Claims against government entities require a government tort claim within 6 months of the incident under Government Code Section 911.2

Liability of the Fleeing Driver

The fleeing driver, not law enforcement, is primarily responsible for injuries caused by the flight. A driver who flees law enforcement, runs red lights, drives the wrong way, and strikes an innocent bystander is liable for negligence and, depending on the facts, may face criminal charges as well, including vehicular manslaughter or murder in the most serious wrongful death cases. These drivers frequently have no insurance, making your own UM/UIM coverage critical.

Liability of the Pursuing Agency

Agency without a compliant pursuit policy: California Vehicle Code Section 17004.7 immunity requires the agency to have adopted a written pursuit policy covering specific minimum standards, including when a pursuit may be initiated, supervision and communication procedures during the pursuit, and when a pursuit must be terminated. An agency that lacks a compliant policy loses that immunity and can be exposed to liability for pursuit-related injuries caused by its officers’ negligent acts within the scope of employment under Government Code Section 815.2.

Officer violation of agency policy: Even if the agency has a compliant policy, an officer who violates it by initiating or continuing a pursuit in prohibited circumstances may create agency liability. Attorney Yazdi obtains the agency pursuit policy, the pursuing officer’s incident report, and all radio communications immediately upon retention.

Contact The Accident Network Law Group

If you or a loved one was injured as an innocent bystander in a police pursuit, Attorney Damoun Yazdi and The Accident Network Law Group can evaluate whether the fleeing driver, the pursuing agency, or both bear liability. Consultations are free and available 24/7, and we work on a No Recovery, No Fee basis, with offices serving Costa Mesa, Riverside, Rancho Cucamonga, Apple Valley, Victorville, and Bakersfield. Se habla espanol.

This content is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and circumstances. Past results do not guarantee future outcomes. Contact The Accident Network Law Group for advice about your individual situation.