Police Pursuit Results in Fatal Baldwin Park Car Accident
Authorities have identified a man who was killed in a Baldwin Park car accident the morning of June 18, 2010, as 37-year-old Walter Williams. The fatal car accident occurred at the intersection of Francisquito Avenue and Ramona Boulevard, when police were pursuing the driver of a stolen SUV. The SUV crashed into Williams' vehicle causing a fiery collision that killed him instantly.
My heart goes out to everybody who knew and loved Walter Williams for their devastating loss. A much-loved youth counselor, Williams was apparently driving to work to collect his paycheck when the accident occurred. His family members and friends will be in my prayers.
The Law Relating to Police Pursuits
If the details of this news report are accurate, the police vehicle that was pursuing the stolen vehicle did not have lights or sirens on at the time. Although it was the stolen vehicle that ended up striking the victim's car, I would be curious to find out whether Baldwin Park police officers followed all policies and procedures during this vehicle pursuit.
California law provides immunity to police departments that have adopted a “vehicle pursuit policy.” California Vehicle Code Section 17004 states: “A public agency employing peace officers that adopts and promulgates a written policy on, and provides regular and periodic training on an annual basis for, vehicular pursuits … is immune from liability for civil damages for personal injury to or death of any person or damage to property resulting from the collision of a vehicle being operated by an actual or suspected violator of the law who is being, has been, or believes he or she is being or has been, pursued in a motor vehicle by a peace officer employed by the public entity.”
Public Safety Issues
Based on the law, it appears that the Baldwin Park police department is immune from liability because they have a written policy. They don't have to prove that their officers had read or received training pertaining to their pursuit policy. However, the question needs to be asked about whether this was fair to Walter Williams and his family? Did a stolen vehicle warrant pursuit? Was it fair for police officers to engage in a high speed pursuit for a minor traffic violation or misdemeanor if they were putting public safety at serious risk? Had the patrol car had lights and sirens on, would Walter Williams have been alerted to the pursuit?
It would be in the best interests of the victim's family to contact an experienced Los Angeles personal injury lawyer, who will advise them about their legal rights and options.
In your opinion, when should police officers get involved in pursuits? We would like to hear your opinion on this important issue.
None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.
