Do Innocent Bystanders Have the Right to Sue Police for Their Injuries in California?
A Tragic Reminder: Police Pursuits and Public Safety Risks
A recent series of police pursuits has led to at least eight deaths around the country in less than a week, causing law enforcement experts to call for reforms to curb risky high-speed car chases. The deadly incidents are among the hundreds of fatalities that occur during police chases each year. A March 14, 2025, report by the LAPD found that from 2023 to 2025, LAPD officers were involved in 1,910 pursuits, 616 of which resulted in traffic crashes. The largest percentage of crashes with injuries and deaths was suffered by third-party victims.
Situations like this leave many Californians asking an important legal question: Can innocent bystanders sue law enforcement for injuries sustained during a police pursuit?
The answer is not always straightforward. While law enforcement officers are tasked with protecting public safety, there are legal boundaries that govern how pursuits must be conducted—and when liability may arise.
Understanding Police Immunity Under California Law
What Is California Vehicle Code Section 17004.7?
Under California Vehicle Code Section 17004.7, public agencies such as cities and counties are generally immune from civil liability for injuries, death, or property damage caused by a fleeing suspect during a police chase.
However, this immunity only applies if the agency has:
- Adopted a written “safe pursuit” policy
- Properly implemented and enforced that policy
- Ensured the policy meets standards set by POST (Commission on Peace Officer Standards and Training)
These policies are designed to ensure officers carefully weigh:
- The need to apprehend a suspect immediately
- The risk posed to innocent members of the public
If the danger to the public outweighs the need for capture, officers are expected to terminate the pursuit.
When Police Immunity Does NOT Apply
The Limits of Legal Protection
Although California law provides certain protections to law enforcement agencies, immunity is not absolute. Whether a victim can bring a successful claim depends heavily on the facts of the case.
Gross Negligence Can Open the Door to a Lawsuit
One of the most important exceptions involves gross negligence. This occurs when officers act with reckless disregard for the safety of others. Examples may include:
- Initiating or continuing a high-speed chase in densely populated areas without justification
- Failing to use sirens or emergency lights
- Ignoring clear risks to pedestrians or nearby drivers
To succeed in a claim, injured bystanders must show that:
- The officer’s conduct was reckless or unreasonable, and
- That conduct directly caused their injuries or losses
Legal Rights for Injured Bystanders in California
You May Still Have a Claim
If you or a loved one was injured in a police-related accident in Los Angeles or anywhere in California, it is important to understand that immunity laws do not eliminate accountability.
Victims may still be entitled to pursue compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Wrongful death damages in fatal cases
How The Law Offices of Ali Taheripour Can Help
Decades of Experience in Police Liability Cases
At The Law Offices of Ali Taheripour, the legal team brings over two decades of experience handling complex cases involving police immunity and high-speed pursuits. From initial case evaluation through trial and jury verdict, the firm has successfully advocated for clients harmed by law enforcement negligence.
Notably, Mr. Taheripour recently played a key role in overturning decades-old immunity doctrine, helping restore the rights of Californians to seek justice when law enforcement actions cross the line of reasonable conduct.
Take Action After a Police-Involved Accident
Protect Your Rights and Explore Your Legal Options
Navigating a claim involving law enforcement can feel overwhelming, especially when facing government immunity defenses. However, you do not have to face this process alone.
If you or a loved one has been injured in a police-involved accident in Woodland Hills, Los Angeles, or anywhere in California, it is important to act quickly to protect your rights.
The team at The Law Offices of Ali Taheripour provides strategic, compassionate legal guidance tailored to your situation and is committed to helping victims pursue the justice they deserve. Contact the Law Offices of Ali Taheripour today for a consultation.