Man Fleeing CHP Kills Man

A San Jose man was killed when a drunk driver fleeing CHP officers struck a parked vehicle, pushing it forward into a pedestrian. The alleged drunk driver, Dario Dwayne Taylor of Pittsburg, was arrested and charged with multiple criminal counts. The accident happened near 33rd and Shortridge.

This accident raises multiple issues: wrongful death claims, uninsured motorist claims, police pursuit policies, and public entity liability and immunity.

The family of the decedent may be able to assert a wrongful death claim against the driver, or against the decedent's own uninsured motorist policy.

In this case, it is likely that the CHP has no liability. Although high-speed pursuits often lead to injuries, and are very controversial, public entities are immune from liability, so long as they have pursuit policy. This is the case even if they are breaking the pursuit policy at the time of the accident.

Pete Clancy is a personal injury attorney in Oakland. He has offices in Oakland and Berkeley and regularly represents people throughout northern California in serious personal injury cases.