Police Chase Accident Lawyer in Newark, CA: When Innocence Meets Danger
Victim of a police chase collision? Contact The Jagroop Law Office, Inc. at 510-556-4013. Expert car accident lawyers ready to defend your rights.
Antioch Sideshow Incident Highlights Dangers on the Road
Residents in the State of California, County of Contra Costa were left shocked and concerned after an Antioch sideshow escalated into disaster. On the morning of Sunday, August 6, 2023, chaos erupted in the parking lot of the Antioch Marina in Antioch, California. As the sideshow progressed, a car hit a fire hydrant, and another car found its way into the San Joaquin River. This incident not only affected those involved but has also drawn attention to the perils of road incidents, particularly those involving police chases.
Unintended Consequences: The Reality of Police Chases
Police chases, like the sideshow incident in Antioch, create significant risks, especially to innocent bystanders. On many occasions, the choice to pursue a suspect ends up in catastrophic consequences. From 1996 to 2015, police chase related crashes caused an alarming average of one (1) death per day.
Further data reveals that over 5,000 innocent victims have perished because of police chases since 1979. In many cases, these victims were tragically killed in their motor vehicles by a fleeing driver.
Decoding California Law on Police Chases
Under California Vehicle Code § 17001, this law states: “A public entity is liable for death or injury to person or property proximately caused by a negligent or wrongful act or omission in the operation of any motor vehicle by an employee of the public entity acting within the scope of his employment.”
Under California Vehicle Code § 21055, this law states: “The driver of an authorized emergency vehicle is exempt from Chapter 2 (commencing with Section 21350), Chapter 3 (commencing with Section 21650), Chapter 4 (commencing with Section 21800), Chapter 5 (commencing with Section 21950), Chapter 6 (commencing with 22100), Chapter 7 (commencing with Section 22348), Chapter 8 (commencing with Section 22450), Chapter 9 (commencing with Section 22500), and Chapter 10 (commencing with Section 22650) of this division, and Article 3 (commencing with Section 38305) and Article 4 (commencing with Section 38312) of Chapter 5 of Division 16.5, under all of the following conditions:
- If the vehicle is being driven in response to an emergency call or while engaged in rescue operations or is being used in the immediate pursuit of an actual or suspected violator of the law or is responding to, but not returning from, a fire alarm, except that fire department vehicles are exempt whether directly responding to an emergency call or operated from one place to another as rendered desirable or necessary by reason of an emergency call and operated to the scene of the emergency or operated from one fire station to another or to some other location by reason of the emergency call.
- If the driver of the vehicle sounds a siren as may be reasonably necessary and the vehicle displays a lighted red lamp visible from the front as a warning to other drivers and pedestrians.
A siren shall not be sounded by an authorized emergency vehicle except when required under this section.”
In summation, the core principle remains: police officers, like every motorist, owe a duty of care to others on the road.
When motor vehicle accidents arise from police chases, determining liability can be complex. Is the fault solely on the fleeing suspect, or did the pursuing police officers breach their duty of care?
Pursuing Your Interest(s): Your Right to Compensation
If you have been a victim of a motor vehicle accident involving a police chase, it is crucial to know your rights. Damages that victims might be eligible for include, but are not limited to:
past medical monetary damages, future medical monetary damages, general damages (pain and suffering, emotional distress, mental anguish, etc.), past property damage, lost monetary wages (lost monetary earnings), etc.
However, remember that California has a statute of limitations. As a result, normally:
Under California Code of Civil Procedure § 338, concerning property damage, this law states that the applicable statute of limitations for a property damage claim/case is within three (3) years from the date of the property damage incident.
Under California Code of Civil Procedure § 335.1, concerning bodily injury negligence, this law states that the applicable statute of limitations for a bodily injury negligence case/claim caused by the neglect of another of another is within two (2) years from the date of the bodily injury negligence incident.
However, if a motor vehicle accident/personal injury claim is being presented to and against a government entity in the State of California, then the following law(s) apply:
Under California Government Code § 945.6(a), this law states: “Except as provided in Sections 946.4 and 946.6 and subject to subdivision (b), any suit brought against a public entity on a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division must be commenced:
(1) If written notice is given in accordance with Section 913, not later than six months after the date such notice is personally delivered or deposited in the mail.
(2) If written notice is not given in accordance with Section 913, within two years from the accrual of the cause of action. If the period within which the public entity is required to act is extended pursuant to subdivision (b) of Section 912.4, the period of such extension is not part of the time limited for the commencement of the action under this paragraph.”
Under California Government Code § 912.4(a), this law states: “(a) The board shall act on a claim in the manner provided in Section 912.6, 912.7, or 912.8 within 45 days after the claim has been presented. If a claim is amended, the board shall act on the amended claim within 45 days after the amended claim is presented.
- The claimant and the board may extend the period within which the board is required to act on the claim by written agreement made either:
(1) Before the expiration of the period.
(2) After the expiration of the period if an action based on the claim has not been commenced and is not yet barred by the period of limitations provided in Section 945.6.
(c) If the board fails or refuses to act on a claim within the time prescribed by this section, the claim shall be deemed to have been rejected by the board on the last day of the period within which the board was required to act upon the claim. If the period within which the board is required to act is extended by agreement pursuant to this section, the last day of the period within which the board is required to act shall be the last day of the period specified in the agreement.”
If you’re caught in a police chase accident, let The Jagroop Law Office, Inc. assist you. Call 510-556-4013 for skilled auto accident lawyers.
Why Choose The Jagroop Law Office, Inc.?
The Jagroop Law Office, Inc., with a proven track record of success in legally representing motor vehicle accident/personal injury clients throughout the State of California competently, understands the intricate nature of police chase motor vehicle accidents. Our commitment is to serve the residents of the San Francisco Bay Area, particularly in cities like Newark, Fremont, San Jose, and Oakland.
With law offices situated in Newark, California, our team handles assisting victims of motor vehicle accidents. We work relentlessly to ensure that compensation is delivered.
Were you or a loved one impacted by a ca accident accident in Newark, CA? Allow us to guide you through this challenging journey. For comprehensive legal assistance, reach out to The Jagroop Law Office, Inc. at 510-556-4013.