A recent Denver police pursuit accident involving a stolen truck has brought renewed attention to a difficult Colorado personal injury question: If a fleeing driver crashes into an innocent motorist while being pursued by police, who may be legally responsible?
The answer is not always limited to the fleeing driver.
Depending on the evidence, a serious pursuit-related crash may require investigation of the suspect driver’s conduct, automobile insurance, uninsured or underinsured motorist coverage, police pursuit activity, emergency vehicle operation, governmental immunity, vehicle ownership, and other potentially responsible parties.
The August 28 crash near Colorado Boulevard and East 35th Avenue remains part of an ongoing criminal and traffic investigation. Nothing in this article assigns civil liability to Aurora police, the fleeing driver, or any other party beyond what has been publicly reported.
Reviewed by Steven T. Mandelaris, Esq. — Updated September 6, 2026.
Quick Answer: Who Is Liable in a Colorado Police Pursuit Crash?
When a fleeing driver injures an innocent motorist during a police chase in Colorado, liability is not always limited to the fleeing driver. Depending on the facts, potentially responsible sources can include:
- The fleeing driver, through ordinary negligence and any available liability insurance.
- The injured person’s own uninsured and underinsured motorist coverage, which is especially important when the at-fault vehicle is stolen or uninsured.
- A governmental entity, in limited circumstances, where the Colorado Governmental Immunity Act’s emergency-vehicle provisions may waive immunity.
- Other parties identified through a full crash investigation, including household policies, umbrella coverage, and vehicle ownership issues.
Because these cases can involve time-sensitive evidence and strict governmental notice deadlines, injured people should investigate all potential coverage early. The sections below explain each issue in detail.
On This Page
- What happened near Colorado Boulevard and East 35th Avenue
- The fleeing driver as the first liability question
- What if the fleeing vehicle was stolen
- Could police or a governmental entity be liable
- Hice v. Giron and Colorado pursuit liability
- What damages an innocent driver can recover
- What to do if you were injured by a fleeing driver
- Frequently asked questions
What Happened Near Colorado Boulevard and East 35th Avenue?
According to CBS Colorado, a stolen truck driven by a suspect identified by police as Jonathan Jenkins fled from Aurora police and later entered Denver.
Police say the truck ran a red light near Colorado Boulevard and East 35th Avenue, T-boned one vehicle, and rammed another head-on.
One victim, Denver entrepreneur Alphonso Campbell Jr., was seriously injured and remained in critical condition as of the September 5 update.
Aurora police told CBS Colorado that officers had called off the chase before the crash. Jenkins reportedly faces multiple charges, including felony motor vehicle theft and vehicular assault.
Original reporting: CBS Colorado, “Family says Denver entrepreneur ‘extremely delirious’ after getting hurt when car was struck by stolen truck.”
The Fleeing Driver Is the First Liability Question
In most pursuit-related crashes, the most obvious potential defendant is the fleeing driver.
A driver who speeds, runs red lights, ignores traffic signals, drives recklessly, or otherwise creates an unreasonable risk of harm can face civil liability if that conduct causes injuries.
A criminal charge is not required before an injured person can pursue a civil claim.
The civil case focuses on negligence, causation, damages, and available insurance.
The criminal case focuses on whether the defendant committed an offense beyond a reasonable doubt.
Those proceedings can overlap factually, but they serve different purposes.
What If the Fleeing Vehicle Was Stolen?
A stolen vehicle creates an immediate insurance problem.
The owner of the stolen vehicle may not be legally responsible merely because the vehicle was involved in the crash.
If the person operating the vehicle did not have permission to use it, the owner’s liability policy may raise coverage issues.
That makes the injured person’s own automobile coverage especially important.
Potential insurance may include:
- Uninsured motorist coverage.
- Underinsured motorist coverage.
- Medical payments coverage.
- Other household automobile policies.
- Umbrella or excess coverage.
- Coverage associated with another responsible vehicle.
- Commercial coverage if another vehicle or party was involved.
A serious crash investigation should identify all available policies before concluding that the fleeing driver’s lack of insurance means there is no meaningful recovery.
Can Uninsured Motorist Coverage Apply When the At-Fault Driver Is Fleeing in a Stolen Vehicle?
Potentially.
Colorado uninsured motorist coverage can become extremely important when the person who caused the crash has no applicable liability insurance.
A stolen vehicle may present precisely that problem.
The coverage analysis depends on the injured person’s status under the policy, the policy language, and the circumstances of the collision.
An injured driver or passenger should not assume that the stolen vehicle’s insurance is the only insurance that matters.
Household policies and resident-relative coverage can also require investigation.
Could Police or a Governmental Entity Ever Be Liable for a Pursuit Crash?
Potentially, but these cases are legally complicated.
Colorado governmental entities generally have immunity from tort claims unless a statutory waiver applies.
C.R.S. 24-10-106 contains a waiver for injuries resulting from the operation of a motor vehicle owned or leased by a public entity and operated by a public employee in the course of employment.
However, the statute contains an important exception involving emergency vehicles operating within the requirements of C.R.S. 42-4-108.
That means a claim involving a police pursuit cannot be analyzed the same way as an ordinary negligence claim against a private driver.
Colorado’s Emergency Vehicle Statute
C.R.S. 42-4-108 permits an authorized emergency vehicle driver to exercise certain privileges when responding to an emergency or pursuing an actual or suspected lawbreaker.
Those privileges can include exceeding the speed limit, proceeding through certain traffic controls, and disregarding certain movement restrictions.
But those privileges are subject to statutory conditions.
For example, the statute allows an emergency driver to exceed the speed limit only so long as the driver does not endanger life or property.
The statute also contains requirements concerning audible or visual emergency signals.
These requirements can become central in a serious pursuit-related injury case.
Hice v. Giron and Colorado Police Pursuit Liability
The Colorado Supreme Court addressed this issue directly in Hice v. Giron, 2024 CO 9.
That case arose after a police officer pursuing a suspected speeder collided with another vehicle, killing two occupants.
The officer had accelerated to more than 100 miles per hour and did not immediately activate his emergency lights or siren.
The Colorado Supreme Court held that an emergency driver waives governmental immunity when a plaintiff’s injuries could have resulted from the driver’s failure to use alerts while speeding in pursuit of a suspected or actual lawbreaker.
The Court did not create a rule that every pursuit accident exposes a police department to liability.
The key issue is whether the statutory conditions governing emergency vehicle operation were satisfied and whether the officer’s conduct had the required causal relationship to the injuries.
Why Hice v. Giron Matters
The decision is important because it rejects two oversimplified positions.
The first is that police are always immune when a crash occurs during a pursuit.
The second is that police are automatically liable whenever a pursuit contributes to a collision.
Neither is correct.
Instead, the analysis can depend on:
- Whether a pursuit was actually occurring.
- Whether officers were speeding.
- Whether emergency lights or sirens were being used.
- Whether statutory emergency-driving conditions were satisfied.
- Whether the officer endangered life or property.
- Whether the officer’s conduct could have contributed to the crash.
- Whether the pursuit had already been terminated.
- Whether the suspect continued fleeing after police disengaged.
The precise timeline can be critical.
Why the Fact That Police “Called Off” a Pursuit Matters
CBS Colorado reported that Aurora police said they had called off the chase before the August 28 crash.
That could become an important factual issue in any civil investigation.
If officers had terminated the pursuit before the collision, an attorney would want to know:
- When was the pursuit terminated?
- How far from the crash did termination occur?
- How much time elapsed between termination and impact?
- Were emergency lights or sirens still active?
- Did officers continue following the vehicle?
- At what speed?
- Could the suspect reasonably have known the pursuit had ended?
- Did the suspect continue fleeing independently?
- Were other police units involved?
- What radio instructions were given?
Those facts can materially affect causation and governmental immunity analysis.
Police Radio and Dispatch Evidence Can Be Critical
Pursuit cases frequently turn on timing.
That makes radio traffic, dispatch records, GPS data, and body-worn camera footage especially important.
Potential evidence can include:
- Police radio transmissions.
- Computer-aided dispatch records.
- Body-worn camera video.
- Dash camera footage.
- Patrol vehicle GPS data.
- Automatic vehicle location records.
- Pursuit authorization communications.
- Supervisory instructions.
- Records showing pursuit termination.
- Traffic camera footage.
- Surveillance video.
- 911 calls.
- Vehicle event data recorder information.
- Witness statements.
Without that evidence, it can be difficult to determine exactly when the pursuit began, how it developed, and when it ended.
Aurora Police Pursuit Policy and Why a Policy Violation Is Not the Same as Civil Liability
Police departments often maintain detailed internal pursuit policies governing when a pursuit may be initiated, continued, supervised, or terminated.
Internal policy does not automatically determine civil liability.
A policy violation does not necessarily equal negligence, and compliance with policy does not automatically establish immunity.
Internal law enforcement policies can be relevant evidence, but they are not a substitute for the governing statutes.
A plaintiff still must establish jurisdiction under the Colorado Governmental Immunity Act when asserting a tort claim against a public entity.
In Hice, the Colorado Supreme Court emphasized the statutory relationship between C.R.S. 24-10-106 and C.R.S. 42-4-108.
The immunity question is therefore a threshold legal issue, not merely another negligence defense.
Can the Police Department Be Liable Even If the Police Car Never Hits the Victim?
This is one of the hardest questions in pursuit litigation.
The answer depends heavily on Colorado law and the facts.
Some pursuit cases involve direct impact between the police vehicle and the injured person.
Others involve a fleeing suspect who crashes into a third party without the police vehicle making contact.
Those situations can present different questions concerning causation, governmental immunity, and whether the injuries resulted from the operation of the emergency vehicle within the meaning of the Colorado Governmental Immunity Act.
No one should assume governmental liability merely because a pursuit occurred somewhere earlier in the sequence.
The connection between the police conduct and the injury must be legally established.
Governmental Claims Have Special Notice Requirements
Claims against Colorado governmental entities can involve strict procedural requirements in addition to the ordinary statute of limitations.
That makes early investigation especially important.
A person injured in an accident potentially involving governmental responsibility should not wait until the ordinary car accident limitations period is approaching before investigating whether a public entity or employee may be involved.
Missing a governmental notice requirement can create serious problems even when the underlying injury claim is otherwise substantial.
The Civil Investigation Should Not Wait for the Criminal Case
A suspect facing criminal charges may remain in criminal proceedings for months or longer.
That does not mean an injured person’s insurance and civil investigation should stop.
Important evidence may disappear while the criminal case remains pending.
Surveillance footage may be overwritten.
Vehicles may be released or repaired.
Electronic records may become more difficult to obtain.
Witness memories may fade.
A personal injury attorney can begin preserving evidence while respecting the separate criminal process.
What If Several Innocent Drivers Were Injured?
The August 28 collision reportedly involved multiple vehicles.
That can create another insurance issue: competing claims against limited coverage.
If a defendant has only a limited liability policy and several people suffer significant injuries, the policy may be insufficient to compensate everyone fully.
The investigation should therefore examine:
- All injured claimants.
- Applicable per-person limits.
- Applicable per-accident limits.
- Umbrella or excess policies.
- Commercial coverage.
- Household UM/UIM coverage.
- Other potentially responsible parties.
The timing and structure of settlement demands can become important when several claimants are competing for limited insurance proceeds. When an insurer unreasonably delays or denies a valid claim, a separate insurance bad faith claim may also be available under Colorado law.
What Damages Can an Innocent Driver Recover?
A person seriously injured in a pursuit-related collision may potentially recover damages including:
- Past medical expenses.
- Future medical treatment.
- Lost wages.
- Loss of earning capacity.
- Physical impairment.
- Disfigurement.
- Pain and suffering.
- Emotional distress.
- Loss of enjoyment of life.
- Property damage.
- Other legally recoverable economic losses.
A catastrophic injury case should document how the collision affects the person’s work, family responsibilities, mobility, independence, daily activities, and future.
Why Medical Evidence Matters in a Catastrophic Crash
CBS reported that one victim remained in critical condition more than a week after the August 28 collision.
Serious cases should not be valued from the initial hospital bill alone.
The long-term medical picture may involve:
- Surgery.
- Neurological care.
- Rehabilitation.
- Future procedures.
- Permanent impairment.
- Cognitive limitations.
- Home assistance.
- Lost earning capacity.
- Life-care needs.
A settlement demand made before those consequences are reasonably understood can significantly undervalue the claim.
What Should Someone Injured by a Fleeing Driver Do?
After emergency medical needs are addressed, important steps can include:
- Obtain the police case information.
- Notify applicable automobile insurers.
- Preserve photographs and video.
- Identify witnesses.
- Request complete insurance policies.
- Preserve the damaged vehicle when appropriate.
- Document lost work.
- Keep records of expenses.
- Avoid signing a broad release.
- Avoid giving unnecessary recorded statements before understanding the coverage issues.
- Investigate whether a governmental entity may be involved.
- Address time-sensitive governmental notice requirements where applicable.
Every case is different, particularly when law enforcement activity is part of the factual sequence.
Injured by a fleeing driver in Denver, Aurora, or elsewhere in Colorado? Time-sensitive evidence and governmental notice deadlines can affect your claim. Call Mandelaris Law at (303) 357-9757 for a free, no-obligation consultation.
Why Mandelaris Law Looks Beyond the Fleeing Driver
At Mandelaris Law, a serious Denver car accident is not investigated solely by identifying the driver who caused the impact.
Depending on the case, we may investigate:
- Liability insurance.
- Uninsured and underinsured motorist coverage.
- Vehicle ownership.
- Multiple claimant issues.
- Electronic vehicle evidence.
- Police and dispatch records.
- Surveillance footage.
- Witnesses.
- Governmental involvement.
- Third-party liability.
- Medical causation.
- Future medical care.
- Lost earning capacity.
- Permanent impairment.
That broader investigation can be particularly important when the at-fault vehicle was stolen or the driver may have little or no usable insurance.
Mandelaris Law represents plaintiffs and claimants in serious personal injury, car accident, trucking, insurance, workers’ compensation, and wrongful death cases throughout Colorado.
You can also review our guide discussing what to do after a Denver car accident.
Speak With a Denver Car Accident Attorney
Police pursuit cases can combine ordinary motor vehicle negligence, criminal conduct, insurance coverage, governmental immunity, emergency vehicle statutes, and time-sensitive evidence.
As an experienced Denver car accident lawyer, Mandelaris Law represents people injured in serious motor vehicle collisions in Denver, Aurora, and throughout Colorado.
For a free consultation, call Mandelaris Law at (303) 357-9757.
Frequently Asked Questions About Colorado Police Pursuit Accidents
Who pays if a fleeing driver crashes into me during a police chase?
The fleeing driver may be liable, but the insurance analysis can extend beyond that driver. Potential sources may include liability coverage, uninsured or underinsured motorist coverage, household policies, and other responsible parties depending on the facts.
Can I sue the police department after a pursuit crash?
Potentially, but governmental immunity makes these claims significantly more complicated than ordinary car accident cases. Whether immunity is waived depends on the facts and Colorado statutes, including C.R.S. 24-10-106 and C.R.S. 42-4-108.
What did Hice v. Giron decide?
The Colorado Supreme Court held that an emergency driver waives governmental immunity when a plaintiff’s injuries could have resulted from the driver’s failure to use emergency alerts while speeding in pursuit of a suspected or actual lawbreaker.
What if police called off the chase before the crash?
That fact may be highly significant, but it does not answer every legal question by itself. The timing, distance, officer conduct, suspect conduct, and causal relationship between the pursuit and collision should be investigated.
Can my uninsured motorist coverage apply if the fleeing vehicle was stolen?
Potentially. If the fleeing driver has no applicable liability coverage, uninsured motorist coverage may become important depending on the policy and insured status.
Should I wait until the criminal case is finished?
Not necessarily. Civil evidence and insurance issues may be time-sensitive even while the criminal prosecution remains pending.
Are police pursuit claims subject to special deadlines?
Potentially. Claims involving governmental entities may require compliance with the Colorado Governmental Immunity Act’s procedural requirements in addition to ordinary limitations periods.
Legal Disclaimer: This article is provided for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship. Nothing in this article is intended to assign civil liability to Aurora Police, any public entity, Jonathan Jenkins, or any other person arising from the August 28, 2026 collision. Public reporting states that Aurora police had called off the pursuit before the crash, and the complete factual record is not publicly available. Every personal injury and governmental liability claim depends upon its specific facts, evidence, insurance coverage, statutory requirements, and applicable Colorado law.
About the Author: Steven T. Mandelaris, Esq. is a Colorado attorney whose practice includes personal injury, automobile accidents, insurance disputes, uninsured and underinsured motorist claims, workers’ compensation, governmental liability, and wrongful death litigation. Mandelaris Law represents plaintiffs and claimants throughout Colorado.