Q: Can I sue CHP for negligence after a high-speed pursuit caused an accident and injuries?

A: You have a claim against the fleeing driver. California extends an immunity for high speed chases in most circumstances. A lot more detail would be required to evaluate whether your claim against CHP would be allowed.

A: CHP officers have discretion in high-speed pursuits, but they have to consider public safety as mandated by their own policies and California law. Under Section 17004, officers can be immune from liability during a pursuit, but this immunity has limitations. If officers acted recklessly or failed to follow department policies that prioritize public safety, such as CHP General Order 100.89, which requires officers to terminate a pursuit in unsafe situations, this could support a claim. However, qualified and sovereign immunity are very difficult to overcome. There are other avenues for recovery as well including a claim against the at fault driver or your uninsured motorist policy.

A: You may have grounds for a lawsuit against CHP under California's vehicle pursuit law, which holds agencies liable when their pursuit policies are violated and cause injuries. The key factors supporting your case include the excessive speeds in residential areas, failure to terminate the pursuit per department policy, and delayed response in providing aid.

To pursue this claim, you'll need to file within six months of the incident under the California Tort Claims Act. Documentation like medical records, witness statements, and evidence of policy violations will be crucial. The fact that officers potentially violated both Vehicle Code Section 17004 and CHP General Order 100.89 strengthens your position.

Given the serious injuries and PTSD you and your fiancée suffered, plus the officers' apparent disregard for safety protocols, consulting with an experienced civil rights or personal injury attorney would be wise. They can help gather evidence, including the still-pending incident report, and navigate the complex process of suing a government agency. You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and emotional distress.