Danuka Silva Los Angeles: Danuka Silva of Northridge Killed In Los Angeles CHP Officer Car Accident After Exiting Uber On 101 Freeway Near Taranza
LOS ANGELES, CALIFORNIA (October 16, 2019) – A 30-year-old man identified as Danuka Silva was tragically killed in a car accident with a CHP vehicle after exiting an Uber on the 101 freeway.
California Highway Patrol are saying that the accident took place around 3:30 a.m. An Uber driver said that he picked up Danuka Silva and another driver in West Hollywood and was heading to drop them off in Toponga.
The Uber driver said that there was some sort of altercation between Danuka Silva and the second passenger. So the driver then stopped his Honda on the westbound side of the 101 freeway not far from the Balboa Boulevard exit.
For reasons that remain under investigation Danuka Silva left the Uber and then jumped the center median of the freeway. A CHP officer who was responding to the altercation hit the victim and knocked him to the ground.
Paramedics were called to the scene in order to help the victim. Despite life-saving measures Danuka Silva later died due to his injuries. An investigation into the fatal police car accident remains ongoing at this time.
Liability In Police Vehicle Accidents
Police officers and other emergency vehicles are held to a very high standard in terms of driving safely. However, police departments tend to have a great deal of immunity from civil claims when they are responding to emergencies. Police officers must use their lights and sirens to warn other drivers about their presence. According to California Vehicle Code 21055, “The driver of an authorized emergency vehicle is exempt” from [accident liability]:
“(a) If the vehicle is being driven in response to an emergency call or while engaged in rescue operations or is being used in the immediate pursuit of an actual or suspected violator of the law or is responding to, but not returning from, a fire alarm, except that fire department vehicles are exempt whether directly responding to an emergency call or operated from one place to another as rendered desirable or necessary by reason of an emergency call and operated to the scene of the emergency or operated from one fire station to another or to some other location by reason of the emergency call.”
Still, police officers cannot operate their vehicles with a wanton disregard for the safety of others even if they are responding to an emergency with their lights and sirens on. According to California Vehicle Code 21056, “Section 21055 does not relieve the driver of a vehicle from the duty to drive with due regard for the safety of all persons using the highway, nor protect him from the consequences of an arbitrary exercise of the privileges granted in that section.”
When a police officer does not have their lights and sirens on they must take caution to avoid hitting pedestrians even when those pedestrians are outside of lawfully marked crosswalks. According to California Vehicle Code 21950, “The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.”
The family of any victim that died in a car accident may have legal recourse through California Civil Code 377.60. Damages in a civil claim can help cover funeral expenses, lost wages, medical bills and pain and suffering. Establishing police department liability in car accidents can be very difficult. It’s best to have an experienced car accident attorney examine all of the facts of your case free of cost and let you know what your legal options are.
Investigating A Police Car Accident
We at West Coast Trial Lawyers extend our deepest condolences to the family of Danuka Silva. Any person that may have knowledge about this accident should reach out to investigators. It is our sincere hope that there is a thorough investigation for the sake of all involved. Was the CHP officer that hit the victim following department policy?
Have you or someone that you care about been involved in a police car accident? There are a number of laws designed to protect your rights. Our team of personal injury attorneys are here to answer any legal questions that you may have. We are committed to making sure that accident victims are aware of their rights so that they can make informed decisions. Whether you just have questions about the law or need a free, independent investigation into an accident we are here for you. You can reach out to us anytime at (888) 888-9285.