Under California law, public entities, like police departments, can be held liable for the negligent actions of their employees, including police officers, if the employee was acting within the scope of their employment. However, it is important to note that certain immunities and exceptions may apply when emergency vehicles responding to calls are involved in incidents.

The Emergency Vehicle Exception – In general, police vehicles are required to follow all traffic laws. However, under Vehicle Code §21055, an officer is exempt from certain traffic rules (which may include speed limits, stop signs, red lights, etc.) if both of the following points are true:

• The officer is responding to an emergency call, pursuing a suspect, or responding to a fire alarm
• The vehicle is using both a siren and a red light visible from the front of the vehicle

What does this mean? In general, if a police officer had the rights and sirens activated on their vehicle and was engaged in an emergency response, then they may be immune from negligence claims.

Officers Must Maintain “Due Regard for Safety” – Even though officers can be exempt from certain traffic rules when responding to emergency calls, Vehicle Code §21056 states that officers must drive with “due regard for the safety of all persons.” This prevents officers from acting with reckless disregard for the safety of the public. In other words, if an officer was speeding excessively in a crowded area, failed to yield to pedestrians in a crosswalk, or drove unsafely given visibility/weather, then the department could be held liable for reckless of gross negligence, even if the incident occurred during an emergency response.

Without a doubt, determining whether police departments can be held liable for pedestrian incidents can be complex. We encourage victims and their families to seek legal help as soon as possible.

You could have the right to file a wrongful death lawsuit if a member of your family was killed in an incident involving a police vehicle. However, it is important to note that comparative negligence may apply. This is because pedestrians also have a duty of care while on the road. They must used marked crosswalks when they are available, obey all traffic signals, and avoid suddenly stepping into the path of an oncoming vehicle. If the pedestrian is found to have been even partially negligent, then comparative negligence may apply. This means that liability may be shared between the pedestrian and the police department (or other entity involved). Even when comparative negligence applies, victims and their families could still have the right to file a lawsuit.

If you are interested in learning more about your right to file a wrongful death lawsuit, please do not hesitate to reach out to our legal team as soon as possible. Our police pedestrian accident lawyers are committed to helping you get justice.

If liability can be established, claimants could be eligible to recover compensation for some of the following:

• All medical expenses
• Lost income
• Pain and suffering
• Property damage
• Wrongful death benefits (including loss of consortium and funeral and burial costs)
• Legal expenses

Here at our firm, our accident attorneys are more than ready to provide you with the guidance that you need to fight for your rights and recover the maximum payout available for your claim. Whether our police pedestrian accident lawyers have to negotiate a settlement or take your claim to court to reach a verdict, you can trust that our team will do everything possible to ensure that you can recover the highest recovery available for your claim.