Lawsuit: Motorcyclist hit by truck in BCSO chase

Plaintiff claims county failed to train deputies about pursuits

A motorcyclist is suing Bernalillo County, alleging he was hit by a pickup truck as deputies chased it through the South Valley in August 2017.

The lawsuit, filed last week in state district court in Albuquerque, says deputies with the Bernalillo County Sheriff’s Office were investigating a stolen truck when the suspect left. Deputies followed the truck, which the plaintiff, John Hernandez, says caused the suspect to drive fast and recklessly at around 4:30 p.m. on a Thursday.

“Upon information and belief, BCSO deputies were actively pursuing the suspect at high speed and the pursuit was con

ducted at speeds well in excess of reasonable limits,” the suit alleges.

Hernandez was driving his 2012 Harley-Davidson north on Second Street when the truck, failing to stop at the Sunnyslope intersection south of Rio Bravo, collided with him. Hernandez was thrown to the ground and pinned under his motorcycle.

The lawsuit says Hernandez suffered serious injuries, though it doesn’t detail them and his attorney couldn’t be reached for comment.

“Defendants ... created this dangerous condition despite knowledge that the underlying offense was vehicle theft, which had not resulted in harm or injury to any individual,” Hernandez’s lawsuit alleges. “Defendants... knew or may be legally deemed to know, that high speed vehicle pursuits are inherently dangerous to themselves and all other drivers on public roadways.”

Hernandez says the county failed to train its deputies and supervisors regarding policies and procedures for pursuits, and failed to ensure those procedures were followed.

BCSO rules and regulations, the suit claims, say that engaging in a pursuit requires the weighing of the risk of harm if the offender escapes and the risk of harm posed by the pursuit. The policy requires deputies to consider the nature of the crime for which the pursuit is initiated, the suspect’s driving behavior, the risk of the pursuit, among other things.

It is not clear whether any arrests were made in connection with the pursuit, and a spokeswoman for BCSO said she could not comment on pending lawsuits.

Hernandez is seeking damages for past and future losses and other relief.