First Responders Can Be Held Liable for Accidents They Cause
Those driving police vehicles, fire trucks, and ambulances aren’t legally immune if their negligence causes an accident where someone is severely injured or killed. Depending on the circumstances, they may travel faster than the speed limit, but that doesn’t mean they can drive any way they want when responding to a call.
Police Can Be Liable for Accidents Caused by Negligent Suspect Pursuits
Police can be held liable for accidents caused by an officer chasing a suspect, according to the 2019 state Supreme Court in Gonzalez v. Johnson. That decision overruled a previous decision issued in 1952 (in Chambers v. Ideal Pure Milk Co.) when the court stated there was no liability for police for accidents that happen during a pursuit.
“We now overrule Chambers insofar as it holds an officer cannot be the proximate or legal cause of damage inflicted on a third party by a fleeing suspect. We adopt the…rule that will allow juries to determine whether a pursuing officer’s actions were a substantial factor in causing injury to a third party and apportion fault accordingly.”
The accident at issue happened in 2014. A Scott County sheriff’s vehicle chased suspected drug dealer Kennan McLaughlin’s car. He struck Luis Gonzalez’ vehicle head-on, killing him and severely injuring a passenger who died later. The suspect left the scene on foot and was later captured and convicted of manslaughter.
The Gonzalez family sued the sheriff’s office, and the Fayette Circuit Court dismissed the case due to the Chambers decision. They appealed, and the Supreme Court of Kentucky reversed its 67-year-old precedent.
According to the Gonzalez decision, the chase began under less-than-ideal conditions:
“…it had been raining, making the well-traveled road slippery. Further, the cruiser Deputy Johnson was using that evening was a K-9 unit, and K-9 Officer Hugo was in the back seat. The partition in the cruiser was unlocked, and the restless dog was able to poke his head through the partition into the front seat. Finally, while the lights on Deputy Johnson’s cruiser were functioning, the siren was not. Deputy Johnson claimed he did not realize the siren was broken until two miles into the pursuit. He testified that, though he knew pursuing a suspect without his siren violated (state statute) and the Scott Co. Sheriff Dept.’s practices, he continued the pursuit for about another mile.”
Johnson broke off the pursuit, but shortly afterward, McLaughlin lost control of his vehicle and struck Gonzalez’ vehicle.
The Court Cited Evolving Kentucky Laws as Showing a Need for a Change
The court in Chambers held a police officer’s actions could, as a legal matter, never be the proximate or legal cause of damages suffered by a third party struck by a fleeing suspect. The 1952 court didn’t cite any statutes and created Kentucky law with the decision.
The state Supreme Court in 1980 held that a jury could find a party liable for injuries if a defendant’s actions were “a substantial factor in bringing about the harm suffered by the plaintiff.” Four years later, the state adopted comparative fault, which permits a jury to impose liability on negligence suit parties in proportion to their fault.
The statute concerning police conduct when responding to an emergency states that the law, “does not relieve the driver of any emergency or public safety vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway.” Another statute requires first responders to use warning lights “continuously during the period of the emergency” and the “continuous sounding of the vehicle’s siren, bell, or exhaust whistle…”
The court quoted the Tennessee’s Supreme Court as stating:
“…a police officer’s paramount duty is to protect the public. Unusual circumstances may make it reasonable to adopt a course of conduct which causes a high risk of harm to the public. However, such conduct is not justified unless the end itself is of sufficient social value. The general public has a significant interest in not being subjected to unreasonable risks of injury as the police carry out their duties.”
The court reversed the Gonzalez’ case’s dismissal and sent it back to the trial court to determine if evidence showed the sheriff’s department’s negligence led to Mr. Gonzalez’ death.
Speak To a Satterley & Kelley, PLLC Car Accident Lawyer Today
If a first responder’s negligent actions cause injuries to you or a loved one in a vehicle accident, you may be entitled to compensation for the harm you suffer. Satterley & Kelley PLLC lawyers can protect your interests and legal rights when pursuing an insurance claim or lawsuit.
Schedule a free initial consultation to discuss your accident by calling our Louisville office at 855-385-9532. If it’s more convenient, you may complete our contact form.