Fight or flight is a universal human experience. Therefore, it is easy to understand why some people may have the impulse to flee the scene if they wind up in legal trouble. But while this instinct is understandable, it is not advisable to run away from the scene of a crime under any circumstance. More often than not, fleeing parties wind up in a police pursuit, which is illegal, dangerous, and often life-changing for those involved.
Setting aside the fact that police pursuits often consist of reckless driving that can and does lead to dangerous accidents, the legal consequences of leading law enforcement on a chase should be more than enough reason for anyone to stay put.
First of all, in the state of California, the simple act of fleeing or attempting to evade police is unlawful under the California Vehicle Code 2800.3. That means that if you fail to stop at an officer’s request, you can be charged with a misdemeanor or felony, depending on whether or not your actions caused injury or even death.
Secondly, there is an American common law of sovereign immunity that states that government officials cannot be held liable for any damages that occur while on duty. During a pursuit, stopping you is part of their duty. If you are injured by their reckless driving, it is unlikely you will be able to sue individual officers for the economic damage. Many people falsely assume that the police cannot break traffic laws during a pursuit. That is untrue. If you drive recklessly and an officer drives recklessly to keep up with you, any ensuing accident can be considered your fault.
So the next time a police officer attempts to detain you, it is legally advisable to comply. To make the best possible case for yourself, do not admit fault, and contact an attorney as soon as your interaction with the police has concluded. The legal team at El Aliado will be happy to represent you, so keep our number on hand and call us if and when you require representation. As personal injury lawyers, we can help you secure the economic damages you deserve and, our case will be much easier to win if you were able to avoid a police pursuit.