Can You Sue If a Police Officer Caused a Crash, Then Fled the Scene?

On May 6, the family of a man killed by an off-duty Downey police officer filed a lawsuit – and the allegations are chilling. The officer allegedly caused the crash, then left the scene. Now, the family claims there was a cover-up. 

This raises a powerful and painful question: What happens when those sworn to protect us cause harm – and walk away? 

If you or a loved one has been hurt in a crash involving law enforcement, especially where misconduct or evasion is suspected, here’s what you need to know about your rights – and how to hold public agencies accountable. 

Can You Sue the Government for Personal Injury in California? 

Yes, but there are strict rules – and tight deadlines. 

When a city employee (like a police officer) causes injury, you’re not just suing a person – you’re suing a government entity. That means your claim falls under the California Tort Claims Act (CTCA). 

“Under CTCA, you usually only have six months to file a claim – not the standard two years like other personal injury cases,” explains Parham Nikfarjam, Senior Trial Attorney at J&Y Law. “Missing that deadline could mean losing your case before it even starts.” 

So, if a crash involves a city vehicle, officer, or agency – don’t wait. 

What’s the Difference Between Suing a City and a Private Driver? 

There are plenty of differences. 

When suing a municipality (like the City of Downey or LAPD), you’ll deal with: 

• Tighter filing deadlines 

• Immunity defenses (the city might argue the officer was “acting within the scope of duty”) 

• Bureaucratic processes (claim forms, internal reviews, etc.) 

• More aggressive legal teams paid to protect city interests 

By contrast, suing a private driver typically involves an insurance company and civil court – a more straightforward process, though still complex. 

But just because it’s harder to sue a government agency doesn’t mean you shouldn’t. 

“Municipalities are not above the law,” says Nikfarjam. “If an officer acted recklessly – or worse, tried to cover it up – they need to be held accountable like anyone else.” 

What If the Officer Left the Scene? 

Leaving the scene of a crash – especially a fatal one – is a crime. But in civil court, it also opens the door for additional claims like: 

• Gross negligence 

• Violation of public trust 

• Destruction or tampering of evidence 

These claims can strengthen your case and may lead to higher compensation. But only if you act quickly. Preserving evidence is everything. 

How Can You Preserve Evidence in a Police-Involved Crash? 

Here’s what we recommend – whether you’re the victim or the family of one: 

1. Demand Body Cam and Dash Cam Footage Early
   Most agencies only store footage for 30-90 days. Delay could mean deletion.
2. File a CPRA Request (California Public Records Act)
   You’re entitled to certain records – but only if you request them properly and timely.
3. Send a “Preservation of Evidence” Letter Immediately
   This puts the city on legal notice to retain crash data, communications, footage, and officer logs.
4. Talk to a Lawyer Experienced in Government Claims
   This isn’t a DIY situation. You’ll need someone who knows how to navigate red tape and respond to denials.

Can You Still Win If the City Denies Liability? 

Yes – but it takes strategy. 

If the city denies your claim (which they often do), your attorney can file a civil lawsuit in court. And if there’s evidence of misconduct or a cover-up, it can turn into a high-stakes case with public scrutiny. 

These cases often involve: 

• Crash reconstructions 

• Independent investigations 

• Public pressure and media interest 

And while they’re not easy, they’re worth it. Especially when lives were lost or trust was shattered. 

Need Help After a Crash Involving Law Enforcement? 

We’ve handled complex government claims across Los Angeles and beyond. And we don’t shy away from tough fights – even when the defendant wears a badge. 

Call (877) 735-7035 for a free consultation. 

You deserve answers. We’ll help you get them.