In California, there is governmental immunity for police officers that are in the course and scope of their duty during emergency calls or traffic pursuits. There may also be governmental immunity for the police agency that the officer works for. Pursuant to Vehicle Code section 17001, “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.” However, Vehicle Code section 17004.7 provides immunity to a public entity and police agency if they comply with the standards set out in that code section which includes the adoption of a vehicle pursuit policy by a public agency and proper training.
Based on these laws, it is not always clear cut if there is governmental immunity for accidents caused by emergency personnel and police that are responding to 9-1-1 emergency calls. This area of law is very complex, and it is strongly recommended to seek expert legal counsel to discuss your case with. For a free consultation, please contact the Law Firm of Rivers J. Morrell, III.