In the past eight days, there were two motorcycle crashes on the northeast side of San Antonio involving police crashes. In both cases, the motorcycle operator was killed while evading arrest. In one of the two crashes, an innocent driver who was hit was also killed. These crashes demonstrate the risks of police chases. When are they reasonable and are they worth the risk?
The Schertz Motorcycle Crash
A motorcycle rider was killed on August 21, 2024, in Schertz, Texas when he sped through the intersection of Elbel Road and Schertz Parkway and collided with a vehicle. He was evading the Converse police at the time of the collision. The bike operator was transported to a San Antonio hospital where he later died. The accident is still under investigation, but it is strangely similar to another motorcycle wreck in the area recently.
The Converse Motorcycle Crash
On August 13, 2024, about ten miles away from the above accident scene, two people were killed when another motorcycle sped into an intersection on a red light and collided with a vehicle. Larry Nees (40) crashed his bike into a car operated by Michael Husky (44) as he ran through a red light at the intersection of 1604 and Graytown. Both Nees and Husky were killed when the vehicles burst into flames. The motorcycle was being pursued by a police car at the time for several moving violations. As it turned out, Nees was wanted for drug charges, and the bike was stolen.
Police Chases
Anytime a police officer engages in pursuing a fleeing suspect, the police chase puts not just the officer and suspect in danger, but members of the public as well. Innocent people like Mr. Husky may be caught in the wrong place and killed. Because of this risk, many states have enacted “no chase” laws prohibiting police from engaging in high-speed chases. Texas is not one of those states.
Texas Police Chase Policies
While Texas has no specific state-wide rule prohibiting a police officer from chasing a fleeing suspect in a car or on a motorcycle, there are some general guidelines officers should follow. However, these guidelines are set by city ordinances and police department internal procedures that vary from location to location. Some follow the International Association of Chiefs of Police Law Enforcement Policy Center’s Model Rule which states that ”Pursuit is authorized only if the officer has a reasonable belief that the suspect, if allowed to flee, would present a danger to human life or cause serious injury.” Other cities have their own guidelines. For example, in Dallas, an officer may initiate pursuit when:
- they believe a felony has or will be committed,
- another department has initiated pursuit under these circumstances,
- the officer observed the suspect fire a firearm in a threatening way, or;
- the officer reasonably believes that the need to apprehend the suspect outweighs the risk of collision, injury, or death to any person.
In Houston, the chase rule states that an officer may initiate a chase only when he determines in good faith that the “need to immediately apprehend the suspect outweighs the risk of harm to the officer or the public by engaging in the pursuit.”
San Antonio has its own set of police chase rules that go on for many pages about police chases. However, the closest thing to a rule is a generic statement that “apprehension and stopping of fleeing suspects must be done only when the benefit of apprehension or stopping fleeing suspects outweighs the risks to the officer and/or the public.”
Smaller cities often do not publish their rules. Many consider their techniques and rules something they do not want to disclose so that criminals do not have them.
Civil Liability For Police Chases
To make matters worse for innocent bystanders who get injured by a police chase resulting in a car accident, holding anyone accountable is extremely difficult in Texas police chase cases. Many San Antonio car accident lawyers will not touch these cases simply because the laws are so unfavorable and unfair to the victim. First off, the state has sovereign immunity. This means that you can only sue them for things they give you permission to sue them for. They do not give you permission to sue them if the officer was acting reasonably under the circumstances. Thus, you basically have to prove gross negligence on the part of the officer in deciding to pursue the suspect.
Second, the officer gets to point the finger at the suspect driving recklessly. The problem with this is that auto insurance companies do not cover people intentionally engaging in a crime at the time of the wreck. So, any percentage of responsibility that a jury places on the fleeing criminal is not recoverable.
What Can You Do?
It never hurts to run your case by a San Antonio personal injury attorney just to see if there is anything there. However, do not be surprised if the case is turned down. Lawyers working on contingency fees are often cautious about betting their money on a long shot. Some cities have a policy of paying for certain damages caused by police chases. You can also reach out to the city police department to find out if such a policy exists. Lastly, the Texas Crime Victim’s Compensation Act is an option to seek reimbursement of medical and other expenses after you are a victim of a violent crime. This option may be worth exploring.
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