Utah Police Pursuit Crash Claims: What the Pursuit Statute Requires and Who Can Be Held Liable

General information, not legal advice. Read the full disclaimer.

Short answer: Utah Code § 41-6a-212 lets an authorized emergency vehicle operator exceed speed limits, proceed past red lights after slowing, and disregard some traffic rules when responding to an emergency or pursuing a suspected violator — but the privileges don't relieve the operator of the duty to act as a reasonably prudent emergency vehicle operator under the circumstances. In a pursuit, the privileges apply only if the officer uses both siren and emergency lights, has been trained under the agency's written pursuit policy, and the policy conforms to Department of Public Safety minimum standards. An operator of a marked emergency vehicle owes no duty of care to a fleeing suspect (or a passenger who voluntarily participates), except where the officer acts with actual malicious intent. An innocent bystander injured by a pursuit crash can have a claim, subject to government notice rules.

Who this guide is for

Utah drivers, passengers, and pedestrians hurt in a crash involving a police chase, and families of those killed. If you were the fleeing suspect, the statute limits what you can claim.

What the statute allows emergency drivers to do

Under § 41-6a-212 (the version effective May 8, 2018; confirm current text), an emergency vehicle operator responding to an emergency call, pursuing an actual or suspected violator, or responding to a fire alarm may:

• park or stand irrespective of the traffic code;
• proceed past a red signal or stop sign after slowing down as necessary for safe operation;
• exceed the speed limits (unless a local authority prohibits it); and
• disregard regulations on direction of movement or turning.

When not in a pursuit, those privileges apply only when the operator uses an audible signal or a visual emergency-light signal visible from the front. Normal patrolling to identify violators may also exceed speed limits.

Pursuits: extra conditions

For a vehicle pursuit, the privileges apply only if the operator:

1. sounds the siren and uses emergency lights visible from the front;
2. has been trained in accordance with the agency's written pursuit policy; and
3. works for an agency whose pursuit policy conforms to minimum standards set by Department of Public Safety rules.

Each public agency that operates emergency vehicles must have a written policy on how operators engage, conduct, and terminate pursuits. After a pursuit that results in injury or property damage, the head of the law enforcement agency must evaluate whether the operator complied with the agency's policies and document and remedy violations through administrative action; that document is subject to the Government Records Access and Management Act (GRAMA). That evaluation can be a useful evidence source.

The standard of care

Even with the privileges, the operator must act as a reasonably prudent emergency vehicle operator under the circumstances — except that if the operator complies with the pursuit requirements (signals, training, and a conforming policy), the statute says the operator is deemed to have met that duty. That "deemed" provision makes compliance with the policy central to many cases.

Fleeing suspects and passengers

The operator of a marked authorized emergency vehicle owes no duty of care under this section to a suspect who is evading or fleeing, or to a person in the vehicle with the suspect — unless the passenger proves by a preponderance of the evidence that their presence and participation in the flight were involuntary. An operator can still be liable to a fleeing suspect if the operator had actual intent to cause harm unrelated to the legitimate object of the arrest, meaning a malicious motive to cause injury.

Claims by bystanders and other drivers

An innocent person hurt in a pursuit crash may have claims against:

• the fleeing driver (and the vehicle's owner or insurer, subject to the usual PIP and liability rules);
• the law enforcement agency or governmental entity, if the officers failed to comply with the statute or acted unreasonably; and
• in some cases others whose negligence contributed.

Claims against a governmental entity or its employees are governed by the Governmental Immunity Act: a written notice of claim within one year after the claim arises, and a lawsuit within the time limits in § 63G-7-403. The Act also contains immunities and damage caps that can apply. See Utah Governmental Immunity Act Claims, How to File a Notice of Claim Against a Utah Government Entity, and Utah Government Vehicle Accident Claims.

Evidence to gather

• The crash report and any body-camera or dash-camera footage — request preservation in writing. See How to Request a Utah Accident Report.
• GRAMA requests for the agency's pursuit policy and any post-pursuit evaluation.
• Witness names, photographs, and your medical records.
• Your own insurance information and any UM/UIM coverage if the fleeing driver is uninsured. See Utah Uninsured and Underinsured Motorist Claims.

Frequently asked questions

Can I sue the police if I'm hurt in a chase?

Possibly. The agency's liability depends on whether the officer complied with the statute and acted as a reasonably prudent emergency operator, and the Governmental Immunity Act's rules apply.

What if I was the person being chased?

The statute says a marked emergency vehicle's operator owes no duty of care to a fleeing suspect, with a narrow malicious-intent exception.

What's the deadline against a government agency?

A notice of claim within one year after the claim arises.

Does the agency have to review a pursuit?

Yes — the agency head must evaluate each pursuit that results in injury or property damage and document violations.