An innocent driver died Friday afternoon after a head-on collision caused by a suspected drunk driver in San Bernardino County, authorities reported. The Phelan crash happened after a woman led a California Highway Patrol officer on a five mile pursuit at speeds of up to 100 mph on Hwy 138, near the Cajon Pass. According to reports in the Inland Valley Daily Bulletin, the pursuit began when a CHP officer noticed a gray Toyota Corolla cross a double yellow line into oncoming traffic. The officer tried to pull over the woman, and she slowed down and began to pull off the road, but then accelerated and began weaving in and out of traffic. After about five miles, the driver of the Corolla again crossed the center line on the 138 freeway and struck a Chevrolet Camaro head-on. The collision occurred east of Sayle Road in Phelan, the Orange County Register reported.
The driver of the Camaro, a 46-year-old Santa Ana man, was killed instantly. The speeding driver suspected of being under the influence of alcohol, Zimmie Lynn Burnath, was taken to Arrowhead Regional Medical Center in Colton with major injuries.
Vehicular Pursuit Accidents
The California Highway Patrol defines a vehicular pursuit as, "An event involving one or more law enforcement officers attempting to apprehend a suspect operating a motor vehicle while the suspect is attempting to avoid arrest (or detention) by using high speed driving or other evasive tactics, such as driving off a highway, turning suddenly, or driving in a legal manner but willfully failing to yield to the officer's signal to stop."
About 360 people die each year in accidents involving a pursuit or chase by law enforcement. More than half of victims of police-chase involved fatalities are innocent victims, and not the fleeing suspect. All law enforcement agencies, including the California Highway Patrol, have polices in place that govern how pursuits are handled, and when a pursuit should be discontinued if there is a risk of injury to the public.
High-Speed Pursuits and Wrongful Death Liability
If the news reports are correct, the driver of the Corolla was driving irresponsibly and recklessly and caused this crash. However, in any situtation where an innocent person is killed during a law enforcement pursuit, there is always the question of whether the accident could have been prevented by law enforcement, and was the chase really worth the risk of other people's lives? Would there have been a fatality if the CHP did not chase this vehicle?
According to an article last week in USA Today, about 35% of all police chases end in crashes. Fatality accidents involving CHP, police, or sheriff pursuits have unique legal issues. Police pursuits are dangerous, but in some cases, allowing police chase suspects at high speeds is even more dangerous, as we saw in this April 23rd crash in Phelan.
While this accident is under investigation, the family of the victim would be well advised to speak with a California wrongful death lawyer. An attorney familiar with the pursuit policies of the law enforcement agency involved in a crash can help the family determine their legal rights in a possible wrongful death claim.
Leave a comment