Police Pursuit Accidents and Liability

Residents and drivers in the greater Los Angeles area are no strangers to police chases. We seem to see one on the news on weekly basis! Have you ever wondered what happens in the cases when the driver trying to get away hits an immobile object or another car? Who’s at fault?

Is the Suspect in a Police Chase Liable?

Maybe . . . The suspect in a police chase may be liable for breaching the duty of care owed to others on the road, including pedestrians, cyclists, and fellow motorists.  If the suspect is negligent for failing to exercise the standard of reasonable care under the circumstances, he or she could be liable for damages caused by his/her actions. This would mean that: [1] the suspect had a duty to take risk-reducing precautions and to conform to a specific standard of conduct, [2] the suspect breached that duty by falling below the applicable standard of care, [3] the breach was the actual and proximate cause of injuries, and [4] someone suffered damages. If the suspect is violating traffic laws, or any other statute, regulation, or ordinance designed to protect others, and the violation was a substantial factor in causing injuries, the suspect may be liable under the negligence per se doctrine.

Details

Should California provide driver’s licenses regardless of immigration status?

A Public Safety and Uninsured-Motorist Coverage Perspective Published in the Advocate 2013 Woodland Hills personal injury attorney Barry P. Goldberg believes California has a growing problem with record numbers of unlicensed, and therefore uninsured, drivers on the road. Undocumented immigrants drive every day and present a deadly risk to California motorists because they cannot get…

Details

Strict Liability for Failure to Warn is Still a Viable Theory in California

Failing to warn about a potentially dangerous product or condition has become a “disfavored” cause of action in California. Woodland Hills personal injury attorney Barry P. Goldberg believes that “failure to warn” should not be overlooked and can create the cornerstone of a successful case. Logic dictates that an injured person should see some obvious dangerous condition and that…

Details

Underinsured Motorist Bill AB 862 Moves Forward and Deserves to Become Law.

Los Angeles Uninsured Motorist Attorney Barry P. Goldberg has been advocating passage of California Assembly Bill AB 862 for over one year. That Bill has now moved from the Insurance Committee one step closer to becoming the law. That bill would finally authorize an insurer to offer a separately rated underinsured motorist policy where the maximum liability…

Details