What Happens to Innocent Victims Injured in Police Chases?

When police officers engage in high-speed chases to apprehend suspects, innocent bystanders can sometimes find themselves caught in the crossfire. A recent case before the Texas Supreme Court asks a critical question: What happens when a police car hits an innocent civilian during a pursuit of a potential suspect? 

This legal battle involving the city of Austin centers on two police officers who collided with a civilian vehicle during a high-speed chase while pursuing a criminal suspect. The case not only addresses the officers’ conduct but also raises broader questions about police accountability and the legal rights of victims in police-related accidents. 

According to the Austin Police Department’s report, the crash was caused in part by the officers’ failure to control speed and driver inattention, prompting concerns about whether their actions were reckless enough to hold the city liable for the injuries sustained by the innocent driver. The outcome of this case could have significant implications for how police accountability is handled in Texas and for the rights of those harmed in similar situations.

What is the Texas Tort Claims Act? 

Under the Texas Tort Claims Act, government entities are generally immune from lawsuits, protecting them from liability in most circumstances. However, the act includes an emergency exception, which the city of Austin is invoking to claim immunity in this case. The city argues that the officers were engaged in an emergency pursuit and did not act with “reckless disregard” for public safety. 

Reckless disregard means acting with a conscious indifference to the risk of harm, a standard higher than negligence. The courts will need to decide whether the officers’ actions during the chase met this standard and whether the city’s claim to immunity holds in this particular situation.

In the lower courts, both the trial court and the 3rd Court of Appeals rejected the city of Austin’s claim of immunity, finding that there was a factual issue regarding whether the officers acted with reckless disregard for public safety. The courts determined that the case could proceed, allowing the injured civilian to pursue damages for negligence. Now, the Texas Supreme Court will decide whether the lower courts were correct in their rulings. The central question before the highest court in the state is whether the actions of the officers during the high-speed chase constituted reckless disregard, which would strip the city of its immunity and allow the lawsuit to move forward.

Balancing Pursuing Suspects with Pubic Safety

High-speed police chases present a difficult balancing act between apprehending suspects and ensuring the safety of innocent people on the road. When an innocent driver is caught in the middle of a pursuit and suffers injuries through no fault of their own, they shouldn’t be left to bear the financial burden of their recovery. In addition to dealing with physical injuries, they are now faced with medical expenses, lost wages, and other damages. It is crucial that those affected by such accidents have a path to seek compensation and hold the responsible parties accountable for the harm caused.

This information is for informational purposes only and is not a substitute for legal advice. 

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Mikal Watts

Written on behalf of Mikal Watts, and reviewed by Watts Law Firm LLP

Mikal C. Watts is Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and is a Martindale-Hubbel AV Rated Lawyer.