Quick Answer
Three people were hospitalized after a downtown Houston police chase ended in a crash Wednesday night, Oct. 21. Police said officers used a PIT maneuver to stop the vehicle on North San Jacinto Street. All three people taken to the hospital were occupants of the pursued vehicle. However, under state rules, those injured as a result of the chase may have limited avenues for compensation.
A downtown Houston police chase ended with three people hospitalized Wednesday night after officers used a PIT maneuver to stop a fleeing vehicle on North San Jacinto Street. Local news reported that the pursuit began in northeast Houston and lasted about eight minutes.
However, the injuries raise a serious legal question: when the police chase a suspect but end up injuring civilians, who is liable to compensate the injured?
On this page
- What happened in the downtown Houston police chase?
- What is a PIT maneuver?
- How do police-related injury claims differ from regular cases?
- How do Houston’s notice deadline and damages limits affect a claim?
- What evidence matters after a pursuit-related crash?
- Frequently asked questions
- Talk to a Houston car accident attorney
What happened in the downtown Houston police chase?
Police said Northeast patrol officers attempted to stop a vehicle near the 4900 block of Bostic Street around 8:38 p.m. Oct. 21. The driver did not stop, and officers pursued the vehicle toward downtown.
The chase ended near the 1100 block of North San Jacinto Street, where officers used a PIT maneuver to bring the vehicle to a stop.
Police said officers found all three occupants unconscious inside. Officers believed they may have ingested narcotics.
All three were taken to a hospital. Police said they were expected to recover, although detailed information about their conditions was not immediately available.
What is a PIT maneuver?
A PIT maneuver, or precision immobilization technique, is a tactic police use to stop a fleeing vehicle. An officer deliberately makes contact with the vehicle’s rear quarter panel, causing it to rotate and lose forward momentum.
PIT maneuvers are somewhat controversial, as are police chases in general. There is long-standing discussion about whether or not the dangers of collateral damage outweigh the cost of letting criminals get away. And when it comes to the maneuver itself, liability can be difficult to both prove and obtain, even though it involves intentional vehicle contact.
How do police-related injury claims differ from regular cases?
In an ordinary car accident case, an injured person generally needs to show that another driver failed to use reasonable care and caused the injury. A state-law claim against a city has an additional hurdle: governmental immunity, which protects the city from suit unless Texas law allows the claim.
The Texas Tort Claims Act permits certain claims arising from an employee’s operation of a motor vehicle within the scope of employment. Exceptions and immunity defenses can still bar the case. The following examples explain how those rules can affect someone hurt during a pursuit.
What if the fleeing driver hits another car or a pedestrian?
For example, in City of San Antonio v. Maspero, a fleeing suspect struck a family’s vehicle, killing two children and injuring their parents. The Texas Supreme Court dismissed the claims against the city because the emergency exception preserved its immunity.
The truth is that the city’s responsibility is separate from that of the fleeing driver. Most officers have something called official immunity for discretionary duties performed in good faith within their authority. Because officials representing the city are conducting official business, injuries arriving from those actions are generally excused. An injured person would need a legally sufficient connection between the police driving and the obtained injury, along with a basis to overcome the immunity.
The most common way to overcoming this immunity is to prove that the police used excessive force, or operated with unnecessary danger. Otherwise, the injured person will be forced to try to recover damages from the fleeing driver.
And whether the driver’s insurer pays is a separate question involving the policy and its exclusions. If the fleeing driver is uninsured or does not have enough coverage, the injured person’s own uninsured/underinsured motorist coverage may also help, depending on the policy. However, many policies have a carve-out specifically for illegal actions that excuse the insurance company from being responsible for the motorist’s actions. We talk about this more in our article on Road Rage.
What if a police vehicle accidentally hits an uninvolved person?
Suppose an officer moves into position for a PIT maneuver and accidentally clips another driver’s car, or ends up pushing the driver into another vehicle. The fact that the patrol vehicle made direct contact does not automatically make the city legally responsible. However, a jury would be very interested in why the officer chose that particular moment to stop the fleeing driver, despite the potential danger to others.
When the emergency exception applies, ordinary carelessness may be insufficient. A claim against the city would consider whether the officer violated a law specifically governing emergency action or acting with reckless disregard for others, and whether that conduct caused the injury. A serious collision alone does not prove recklessness.
What rights does a passenger have?
A passenger may have a claim against the driver of the vehicle they occupied. Simply riding in the pursued vehicle does not automatically make someone responsible for the driver’s decision to flee. Claims involving police conduct face the same additional immunity questions discussed above.
Our Houston passenger injury attorneys can review whose conduct caused the injury and which claims and coverage may be available.
How do Houston’s notice deadline and damages limits affect a claim?
Government-related claims have different stautory deadlines and recovery limits.
Houston generally requires claim notice within 90 days
Texas personal injury lawsuits generally have a two-year filing deadline, subject to exceptions. Houston’s charter separately requires a verified written notice of claim within 90 days of the injury. Notice and filing suit are different steps.
The notice has specific content and delivery requirements. Do not assume that a police report, an officer’s presence at the scene or an insurance phone call satisfies them. Although legal exceptions may apply, an injured person should have the notice requirement reviewed promptly.
Eligible claims against a city have statutory damages limits
When the Tort Claims Act permits a claim against a municipality such as Houston, Section 101.023(c) generally limits liability to:
- $250,000 per person for bodily injury or death.
- $500,000 per occurrence for bodily injury or death across all claimants.
- $100,000 per occurrence for property damage.
These are ceilings, not promised payments. They apply to the covered municipal claim, and different limits apply to some other government entities. A claim against the fleeing driver is evaluated separately.
What evidence matters after a pursuit-related crash?
A pursuit can leave records showing what happened before, during and after a collision. Depending on the circumstances, useful evidence may include:
- Dashcam and body-camera footage: Video may show vehicle movements, the stop and the response afterward.
- Dispatch recordings and pursuit reports: These can help establish the timeline and information shared among officers.
- Nearby surveillance and witness accounts: Other perspectives may show a collision or the moments leading up to it.
- Vehicle photographs and electronic data: Damage patterns and available vehicle records may help reconstruct events.
- Medical records and employment records: These help document injuries, treatment costs and missed work.
For a claim involving police driving, the evidence should also show what the officer knew about the risks at the time. Actual speeds, sight lines, traffic conditions and communications can matter more than a general statement that the officer was driving fast.
Preserving these records early can help an attorney evaluate a Houston car accident claim and any immunity defenses.
Frequently asked questions
Can a passenger file an injury claim after a police chase?
A passenger may have a claim if another person’s conduct caused their injuries. Being in the pursued vehicle does not, by itself, resolve fault. The evidence and available insurance coverage need to be reviewed.
Does a PIT maneuver automatically make the police responsible?
No. A PIT-related injury requires a review of causation, the nature of the officer’s conduct and applicable immunity defenses. Accidental contact with an uninvolved vehicle and deliberate force against a fleeing vehicle can raise different legal questions.
Can I avoid the city’s immunity by suing the officer personally?
Generally, naming the officer personally does not bypass the rules. Official immunity and the Tort Claims Act’s rules governing suits against employees can require dismissal or substitution of the government entity. The proper defendant needs to be identified before filing.
What should I keep after a crash involving a police pursuit?
Keep photographs, original video files, witness contact information, the incident number, medical records and receipts. Save correspondence from insurers and records of missed work. An attorney can help identify additional records to request and preserve.
Talk to a Houston car accident attorney
The truth is that most injuries that come as a result of police actions have limited options for recovery. However, if someone is seriously injured or killed as a result of unnecessary actions by government officials, there may be the opportunity to recover compensation. If you were injured in a police chase, call an attorney before providing a written statement to the police.
Hilda Sibrian has served Houston for 22 years, and has helped thousands of families obtain compensation for their loss. Hilda Sibrian serves the Houston metropolitan area, including Sugar Land, Missouri City, La Porte, Beaumont, Pasadena, The Woodlands, The Heights, Bellaire, Kingwood, Baytown and of course Houston proper.
Contact our office for a free consultation in English or Spanish.
