A 76-year-old Upland man died Tuesday, less than two hours after a three-vehicle crash that ended a short police pursuit, the Inland Valley Daily Bulletin reported. The fatal June 29th crash occurred shortly before 9:30 a.m. near 16th Street/Baseline Road. According to news reports, on Sunday, an Upland resident reported two cars stolen from his garage. On Tuesday, a Claremont police officer spotted a silver BMW sedan without a license plate near Padua Avenue and Baseline Road. According to the Daily Bulletin, the Claremont officer had no knowledge of the burglary two days earlier.
The driver of the BMW, Brett Joseph Fagan, 25, of Corona, sped off, and the Claremont Police officer pursued. Just seconds later, in the area of Baseline Road/ W 16th Street (State Highway 30) and N Benson Avenue, the stolen vehicle broadsided a Dodge Dakota pickup truck driven by William Blanchard, 76, of Upland. Blanchard was airlifted to Arrowhead Regional Medical Center where he died at 11:18 a.m.
Fagan, who according to the Claremont Police Department has an extensive criminal history, fled the scene on foot and was arrested a short time later on suspicion of murder, vehicular manslaughter, felony evading causing a death and a parole violation. He was booked at the West Valley Detention Center in Rancho Cucamonga with no bail.
Cause of the Crash
If news reports are accurate, Brett Fagan, the driver of the stolen vehicle, caused the fatal collision. Claremont Police reported that the BMW entered the intersection of Baseline Road against a solid red light and struck vehicles lawfully in the intersection.
Police Pursuit Accidents
According to the NHTSA, about 400 innocent bystanders die each year in police pursuit collisions, and several thousand more are injured. Southern California has the highest police pursuit rates in the country. Earlier this month, a 6-year-old girl tragically died when she was struck by a car fleeing a Los Angeles Police Department squad car on a residential street (see LA Times article).
Wrongful Death Liability Considerations
Accidents involving high-speed police pursuits have unique liability issues. In some instances, if the police officer did not follow proper procedure, the officer and the police department may be liable for an accident and a resulting wrongful death. In this incident, there are potential jurisdictional issues as well, because the pursuit began in the City of Claremont in Los Angeles County and ended in the City of Upland in San Bernardino County. While this fatal accident remains under investigation, the family of William Blanchard would be well-advised to talk to a Los Angeles wrongful death attorney about this accident and the unique legal issues involved. A skilled lawyer who has successfully represented victims and their families in police pursuit deaths can review the legal issues involved and advise the family of their best course of action to protect their rights.
Sources: Inland Valley Daily Bulletin, Claremont Police Department News Release
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