Q: Can I sue CHP for negligence after a high-speed pursuit caused an accident and injuries?
On July 29, 2024, CHP chased a suspect for over 15 miles at speeds exceeding 120 mph, continuing into a residential area with bystanders, including children. Despite the risks, CHP failed to terminate the pursuit, resulting in the suspect crashing into our vehicle, causing severe property damage and injuries, including back, neck, and chest pain. I suffer from PTSD since the accident and my fiancée had post-traumatic amnesia. The suspect died in the crash, leaving CHP as the only accountable party. Officers violated California Vehicle Code Section 17004 by disregarding public safety and breached CHP General Order 100.89 by not ending the pursuit. After the collision, officers delayed in providing aid, forcing us to self-extricate and did not check on us for a while. Over 70 days later, no official report or incident number has been issued. Seeking advice on a negligence lawsuit for unsafe pursuit practices, lack of assistance, and failure to ensure public safety.
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.
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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.
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