What to Do if You Were Injured at a Protest?

Protests can be an efficient tool to push for change, but in certain cases, it can turn into a chaotic environment. If you were harmed while being present at or near such an event, you are not alone. Many victims have endured physical and emotional trauma during these occasions. Understanding your options and what steps to take can help you navigate through this difficult situation.

What Is a Protest?

A protest is public expression over mass disapproval toward a policy, action, or situation. This typically happens as a result of political, social, or economic issues. Below are certain types of protests that may occur:

• Peaceful protests, which involve marches and sit-ins. This is used as a form of expression of objection toward a specific cause without violence.
• Demonstrations, such as establishing a large organized gathering to attract attention to a particular cause, including climate change rallies.
• Civil disobedience, refers to the act of intentionally refusing to comply with certain laws as a form of protest, like blocking roads.
• Online protests, involving petitions or mass emails used to spread awareness about a specific matter.

How Often Do People Get Injured at a Protest?

Protests are meant to be peaceful, but injuries do occur, especially if law enforcement attempts crowd control if the event escalates. The actual rate of protest-related injuries cannot be measured accurately as many go unreported. However, with the available data provided to the public, we are given some insight into the types of bodily harm protesters have suffered.

A peer-reviewed study looked into 6,626 medical records, identifying 89 patients who needed medical care for protest-related injuries. By using the Injury Severity Score (ISS), researchers learned that:

• 87% were mild
• 9% were moderate
• 4% were severe

Even though most cases were classified as mild, it is important to consider that on a medical scale, individuals may still experience long-lasting pain or psychological trauma, particularly if they were exposed to chemicals or head impacts. Although the weapons used for crowd control are labeled as “less-lethal,” they can still inflict serious trauma that can result in permanent eye damage and severe brain injuries if targeted to the face.

As part of its commitment to protect human rights, the United Nations advises law enforcement against aiming directly at a person’s head and neck when using less-lethal weapons as doing so may increase the risk of unlawful harm. The statement is as follows: “Irritant projectiles should generally not be fired at an individual. In any event, projectiles should not be fired at the head or face, owing to the risk of death or serious injury from impact trauma.”

They further go on to mention that “kinetic impact projectiles should not be targeted at the head, face or neck. Rubber-coated metal bullets are particularly dangerous and should not be used.” The organization also covered hand-held chemical irritants, like pepper spray, stating that it can be utilized from a distance of up to several meters when targeting the face.

Other than protesters, journalists also suffer physical pain during marches. The Los Angeles Press Club has tracked over 30 cases of police violence against journalists during such events, including at least 20 injuries in which five required medical attention. Historical events, specifically dated back to the 2007 “Mayday Melee” and the 1970 shooting of journalist Ruben Salazar, further indicate the safety risks that the public and press are met with.

While not every mass gathering involves injuries, the likelihood of it happening is still possible. This especially applies in cases where law enforcement is using excessive force to disperse crowds, which can ultimately intensify the situation and result in injuries caused by police brutality.

Common Injuries in a Protest

Several types of injuries may arise in a protest. The peer-review study referenced earlier found that:

• 51% of injuries were caused by projectiles, such as rubber bullets or tear gas canisters
• 36% from chemical irritants
• 13% of patients suffered from both
• 18% endured traumatic brain injuries
• 8% needed surgical procedures
• 40% of projectile injuries were located in sensitive areas of the body, like the head, neck, or face

To reduce the likelihood of sustaining serious bodily harm in a protest, you should protect yourself against harmful chemicals by wearing the following:

• Face coverings, like a large scarf or bandana to hide your nose and mouth.
• Eye protection, such as shatter-resistant sunglasses or a gas mask.
• Full-body coverage, for example, long-sleeved clothing and pants to cover all your skin.
• Avoid wearing contact lenses as you may experience severe irritation if met with tear gas particles. If you absolutely need to have them on, you should put on a full-face gas mask or tight-fitting goggles.
• Avoid wearing makeup as the products you use, including eyeliner, mascara, and foundation, can make it more difficult for you to wash off harmful chemicals on your face or eyes.

What to Do if an Officer Injured Me?

If you believe an officer has unjustly injured you during a protest, it is important for you to consider the following steps to protect your rights and strengthen your claim:

• Seek medical treatment as soon as you can and request for a copy of your health records
• Try to document everything you remember about the situation, like the officer’s badge number, patrol car number, and the agency they work for
• Gather witness information
• Take pictures of your injuries

Once you have obtained these details, consider filing a formal complaint with the police department’s internal affairs division or civilian complaint board.

What to Do if an Officer Fatally Injures Someone?

If excessive force by police results in a wrongful death, it will be in violation of constitutional or state law, meaning that the surviving family members may pursue legal action to get the justice and compensation they deserve. Law enforcement is typically protected by qualified immunity, thus shielding them from lawsuits unless their conduct goes against constitutional rights. However, recoverable damages in a wrongful death case can include:

• Medical expenses
• Funeral and burial costs
• Loss of financial support
• Emotional distress

Acquiring punitive damages in a personal injury case is possible, however, it is rarely awarded, because they are meant to punish the wrongdoer for exhibiting egregious behavior and to deter similar conduct in the future. To prove punitive damages, you will need to show how the defendant acted with malice, oppression, or fraud.

For legal assistance with the claims process, you can consult with an attorney who has experience in civil rights, wrongful death, negligent security, and/or police misconduct to explore your options.

Accidents Involving Emergency Vehicles During Protests

Protests involve a large number of people and heavy street activity, which can raise the risk of accidents, specifically with emergency vehicles. Firetrucks, police cars, and the ambulance need to respond quickly to 911 calls, and having to pass through a chaotic protest can make matters difficult.

Under California Vehicle Code § 21806, if an authorized emergency vehicle with its sirens sounding, with at least one visible red light, is passing by:

• Drivers will need to immediately pull over to the right-hand side or curb of the road and stay put until the emergency vehicle is gone.
• Special lanes, like a bus or carpool lane, must safely exit right away to give them space.
• Pedestrians on the road are required to move to the nearest curb or to a safe location and wait until the emergency vehicle drives by.

If a driver violates this regulation, penalties may include a $490 fine and one point added to their DMV driving record. According to CVC § 17004, if an emergency vehicle is involved in an accident while responding to an urgent call, the public employee behind the wheel is typically not at fault for civil damages, such as bodily injury, property damage, or death, as long as they were carrying out job-related responsibilities.

Injured During a Protest? Know Your Legal Options

If you were injured while in or near a protest, you may be eligible to receive compensation and legal protection. At West Coast Trial Lawyers, our personal injury attorneys will help you understand your rights, collect evidence, establish liability, and hold the accountable party at fault for the losses you incurred.

With over 20 years of experience representing injury victims, you can rely on us to handle complicated tasks, such as filing complaints, negotiating settlements, or defending you in court (if necessary). Acting quickly is important as there are strict deadlines when pursuing a claim against a government entity.

Our law firm works under a contingency-fee basis, meaning you do not owe us anything unless we successfully settle your case. To get started on the legal process, we welcome you to set up a FREE consultation by calling (213) 927-3700 or completing our quick online contact form.