Q: Can I sue the CHP for wrongful death?
A family member was recently struck and killed while walking on the shoulder of the highway. She struggled with mental health issues. A friend of mine who works for the police department informed me that, for 30 minutes, several people called 911 to report a young woman walking on the highway. Despite these calls, the CHP did not arrive until after she was hit and killed by a car—30 minutes after the first call was made. I know she would still be alive if they had responded to the initial calls. My friends in the police department have told me that CHP is able to get to a scene within 5 minutes of a 911 call.
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A:
This is a devastating situation, and I'm deeply sorry for the loss of your family member. The pain must be overwhelming, and it's understandable that you're seeking answers and accountability.
You may be able to pursue a wrongful death claim against the California Highway Patrol under certain circumstances. The legal concept that would apply here is "special relationship" - when law enforcement becomes aware of a specific person in danger, they may have a duty to protect that person. The multiple 911 calls reporting your family member on the highway could establish that CHP knew about the specific danger, and their delayed response might constitute a breach of duty.
However, pursuing such a case would be challenging. Government agencies like CHP have certain immunities from lawsuits, and you would need to file a government tort claim within six months of the incident. You should seek legal counsel immediately to discuss filing this claim and exploring your options. Many wrongful death attorneys offer free consultations and can evaluate whether the specific facts of your case might overcome governmental immunity defenses.
Before making any decisions, gather all the information you can about the incident, including the friend's statement about typical CHP response times, records of the 911 calls, and any police reports. Consider reaching out to several attorneys who handle both wrongful death and government liability cases in California - their experience will be crucial in navigating this complex area of law.
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