A motorcycle rider and a woman driving a minivan were killed in an early morning accident yesterday in Long Beach. According to the Press Telegram, the motorcyclist was speeding away from a CHP officer when the accident occurred. The collision happened just after 6:00 a.m. at Wardlow Road and Norwalk Boulevard. The rider, identified as 23-year-old Frank Aldana Escalante, was apparently traveling at a high rate of speed when the impact occurred, as the crash was enough to send the minivan rolling over several times. The woman in the van, identified as Marianne Krone, 65, was alone in her vehicle at the time of the crash. Citing official sources, the Press Telegram reported that Escalante had been chased on the southbound 605 Freeway at speeds up to 100 mph. The pursuit was abandoned when Escalante left the freeway, and the crash occurred a short time later.
Liability of the Police For the Accident
Generally, a police department is not liable when someone they are attempting to arrest flees and causes a motor vehicle collision. In California, under Government Code § 845.8, subd. (b), neither a public entity nor a public employee is liable for any injury caused by an escaping or escaped arrested person or a person resisting arrest. The statute immunizes public entities and employees from the entire spectrum of potential claims caused by people who are actually or about to be deprived of their freedom, and who take physical measures of one kind or another to avoid the constraint or to escape from it. However, where an officer drives recklessly during an emergency situation, there may still be liability on the part of the public entity and the employee.
Liability of Motorcycle Rider
In the case above, assuming the accuracy of the facts reported by the Press Telegram, Escalante (actually his insurance carrier) would be liable for the death of Krone, who apparently had no role in the happening of this accident. Clearly, fleeing the police and riding a bike at roughly 100 mph is negligent, and perhaps more accurately, reckless. It seems likely that excessive speed was a factor in this fatal crash, especially since the force of the motorcycle's impact with the van was enough to flip the van over several times. The surviving family members of Krone have the legal right to bring a wrongful death action against Escalante's insurance carrier, assuming that he had one. If not, then the family would still be entitled to pursue a claim via their own automobile insurance policy under what is called the "uninsured motorist provision."
If you have been seriously injured or a loved one has been killed by a reckless driver, or motorcycle rider, then a free consultation with an injury attorney may be the first step toward obtaining fair compensation for the injuries and losses sustained.
SOURCE: Long Beach crash that killed 2 involved motorcyclist allegedly speeding away from CHP (updated), Long Beach Press Telegram, June 18, 2013, by City News Service
Liability of the Police For the Accident
Generally, a police department is not liable when someone they are attempting to arrest flees and causes a motor vehicle collision. In California, under Government Code § 845.8, subd. (b), neither a public entity nor a public employee is liable for any injury caused by an escaping or escaped arrested person or a person resisting arrest. The statute immunizes public entities and employees from the entire spectrum of potential claims caused by people who are actually or about to be deprived of their freedom, and who take physical measures of one kind or another to avoid the constraint or to escape from it. However, where an officer drives recklessly during an emergency situation, there may still be liability on the part of the public entity and the employee.
Liability of Motorcycle Rider
In the case above, assuming the accuracy of the facts reported by the Press Telegram, Escalante (actually his insurance carrier) would be liable for the death of Krone, who apparently had no role in the happening of this accident. Clearly, fleeing the police and riding a bike at roughly 100 mph is negligent, and perhaps more accurately, reckless. It seems likely that excessive speed was a factor in this fatal crash, especially since the force of the motorcycle's impact with the van was enough to flip the van over several times. The surviving family members of Krone have the legal right to bring a wrongful death action against Escalante's insurance carrier, assuming that he had one. If not, then the family would still be entitled to pursue a claim via their own automobile insurance policy under what is called the "uninsured motorist provision."
If you have been seriously injured or a loved one has been killed by a reckless driver, or motorcycle rider, then a free consultation with an injury attorney may be the first step toward obtaining fair compensation for the injuries and losses sustained.
SOURCE: Long Beach crash that killed 2 involved motorcyclist allegedly speeding away from CHP (updated), Long Beach Press Telegram, June 18, 2013, by City News Service
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