California Codes
Cal. Vehicle Code § 17004 (2026)
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✓ current as of May 2026
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A public employee is not liable for civil damages on account of personal injury to or death of any person or damage to property resulting from the operation, in the line of duty, of an authorized emergency vehicle while responding to an emergency call or when in the immediate pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm or other emergency call.
Notes of Decisions
Cited in 16
cases (5 in the last 5 years), 1978–2025 · leading case: Cnty. of Sacramento v. Lewis, 523 U.S. 833 (1998).
Cnty. of Sacramento v. Lewis, 523 U.S. 833 (1998). “" Cal. Veh. Code Ann. § 17004 (West 1971). It is the prerogative of a self-governing people to make that legislative choice.”
Hernandez v. City of Pomona, 207 P.3d 506 (Cal. 2009). “when in the immediate pursuit of an actual or suspected violator of the law . . . ." [15] Government Code section 815.”
Lewis v. Sacramento Cnty., 98 F.3d 434 (9th Cir. 1996). “Finally, with respect to plaintiffs’ state law negligence claims, the court found Officer Smith immune from suit under California Vehicle Code § 17004. Because the court dismissed all federal claims, it declined to decide whether the county and the sheriffs department were also…”
People v. Schmies, 44 Cal. App. 4th 38 (Cal. Ct. App. 1996). “” 8 An officer involved in pursuit of a suspected lawbreaker, who sounds a siren and displays a lighted red lamp, is exempt from the usual rules of the road, but still has a duty to drive with due regard for the safety of others. (Veh. Code, §§ 21055-21056.”
January Littlejohn v. Sch. Bd. of Leon Cnty. Florida, 132 F.4th 1232 (11th Cir. 2025). “See Cal. Veh. Code § 17004 (1990) (providing that a public employee is not liable for civil damages resulting from the operation of an emergency vehicle in immediate pursuit of a suspected criminal).”
City of San Jose v. Superior Court, 166 Cal. App. 3d 695 (Cal. Ct. App. 1985). “(Veh. Code, § 17004.) Notwithstanding that employee immunity, a public entity is liable for injuries proximately caused by negligent acts or omissions in the operation of any motor vehicle by an employee of the public entity, acting within the scope of his or her employment.”
Nguyen v. City of Westminster, 127 Cal. Rptr. 2d 388 (Cal. Ct. App. 2002). “” Discussion A public employee is not civilly liable for injuries or death “resulting from the operation, in the line of duty, of an authorized emergency vehicle .”
Kishida v. State of California, 229 Cal. App. 3d 329 (Cal. Ct. App. 1991). “(Veh. Code, § 17004; Assem. File Analysis, supra, at p.”
Berman v. City of Daly City, 21 Cal. App. 4th 276 (Cal. Ct. App. 1993). “1 In granting summary judgment, the trial court ruled (1) that as to Berman’s state cause of action, both Officer Crivello and Daly City were immune from liability (Veh. Code, §§ 17004, 17004.7), 2 and (2) that as to the federal civil rights cause of action under 42 United…”
Gibson v. City of Pasadena, 83 Cal. App. 3d 651 (Cal. Ct. App. 1978). “” California Vehicle Code section 17004 provides: “A public employee is not liable for civil damages .”
Martin v. City of San Jose (N.D. Cal. 2020). “2 Defendants argue that they are entitled to summary judgment on these claims based on an 3 immunity provided for in California Vehicle Code § 17004. Section 17004 provides as follows: 4 A public employee is not liable for civil damages on account of personal injury to or death…”
Koussaya v. City of Stockton (Cal. Ct. App. 2020). “, by following at too close a distance, Vehicle Code section 17004 provides immunity.”
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