San Antonio Injury Attorney Blog

Imagine you are driving on a nice sunny day in the heart of Texas, and your vehicle is suddenly impacted from the side by another vehicle moving at an extremely high rate of speed. After the initial shock wears off and you initially deal with the inevitable injuries of such a terrible accident, you come to find out that the police were chasing the person who collided with your vehicle.

The ultimate question in such a situation is as follows: Is the police officer or the Texas county municipality responsible for his conduct liable for a Texas wrongful death or personal injury caused by a vehicle being pursued by the police ?

The answer is … it depends. For example, in Draper vs. Los Angeles, the court ruled that while the police pursuit may have contributed to the reckless driving of a fleeing individual, the officers did not have a duty to allow him to escape. In addition, the court ruled that there was no requirement on the part of officers to warn other drivers to keep out of the way, and there was no evidence that the police were trying to force the fleeing individual to the curb.

In Pagels vs. San Francisco, the court ruled that the police had a duty to operate their vehicles with due care, and it made no difference whether the pursuit was close or near at the time of the collision with the other vehicle.

In contrast, in Myers vs. Town of Harrison, the widow of a taxi driver who was killed by a fleeing driver chased by the police, filed suit on behalf of her husband's estate. The pursued vehicle driver had been in a minor accident just prior to the chase. The court ruled that evidence of wet weather and road conditions over the course of the route of pursuit and the incredibly high speeds involved backed up the claim that that the police acted negligently. It did not matter that the police later determined after the accident that the vehicle had been stolen.

There are certain elements that go into a determination of whether a police pursuit is negligent where the fleeing driver's reckless driving causes a San Antonio auto or truck accident .

- How long was the length of the high-speed chase?
- What were the road conditions?
- What was the time of day of pursuit?
- Was the driver of the pursued car driving in a reckless manner and endangering the public before the police began to chase him, creating a situation where the police had to act to protect the public safety?
- What was the proximity of the nearest police vehicle in pursuit just prior to the collision?
- What were the speeds of the vehicles involved in the pursuit?
- Was the police officer negligent in his conduct of the stop and pursuit? (Example: the officer allows the suspect to leave the car ajar and engine running at the time of the stop and left him unrestrained, allowing him to escape.)
- Did the police flash and sound their sirens during the course of the pursuit so as to alert innocent drivers / pedestrians?
- Did the police violate their own department's pursuit policy?

The ultimate question in which these factors play a role in answering is whether the police should have abandoned the chase out of consideration of safety to the public.

In our next blog, we will discuss some additional cases in which the police and the governing municipality were in fact found negligent for an accident caused by a fleeing driver during a police chase.

A negligent police chase in San Antonio and greater Texas can occur whether the police impacted your vehicle or acted negligently so as to indirectly cause another driver to injure you. Whether you have been affected in a personal injury car accident or a San Antonio wrongful death trucking accident, contact a San Antonio personal injury lawyer without delay.

Invariably, during my practice, I have come across multiple cases in which I could have mounted a strong defense on behalf of an accused party if they had simply not waived their constitutional rights. The police are trained to place an accused in a false state of comfort so they begin talking. However, an accused has no idea that the police are secretly videotaping everything especially on a San Antonio DWI charge. In the alternative, they do not understand that even if the police are not recording their testimony, the police are taking note of everything that is being said.

Can you imagine a jury having to weigh an accused suspect versus a police officer as to who said what ? The deck is already stacked against the suspect, even if the person is perfectly innocent.

Here are the 10 Rules for dealing with the Police:

1) Always be calm and cool

2) You have the right to remain silent - SHUT UP and EXERCISE THAT RIGHT! If you feel uncomfortable, ask for a lawyer. LAWYER UP!

3) Do NOT CONSENT to searches! Even if you have nothing to hide, you never know what a relative, friend, or previous onwer might have left in the case (ex. a marijuana butt). Emptying your pockets on command is a form of consent. Verbally refuse ; never physically refuse.

4) Don’t get tricked! i.e. Police are allowed to lie to you to get you to waive your rights.

5) Am I free to go ? (Are you detaining me or am I free to go ?) DO NOT WAIT FOR THE OFFICER TO DISMISS YOU - simply askign this question helps you a great deal.

6) Don’t expose yourself! Do not be a public nuisance and attract attention.

7) Don’t run.

8) Never touch a cop (can get you tasered or charged with felony assault)

9) I’m going to remain silent – I’d like to see a lawyer.

10) Report misconduct – be a good witness.

11) You don’t voluntarily let the police into your home. Period. “I can’t let you in without a warrant!”.

To that end, I draw on the following videos to educate the public about 10 basic rules when dealing with the police.

If you have been the victim of Texas police misconduct, you stand a better chance of winning your case if you play by these rules. Also, if you follow these rules, a San Antonio criminal defense attorney can mount a strong defense on your behalf.

Watch and learn:

10 Rules for Dealing with Police – Part 1

10 Rules for Dealing with Police – Part 2

10 Rules for dealing with Police – Part 3

10 Rules for Dealing with Police – Part 4

UPDATE: Please read about this new Supreme Court Case on the right to remain SILENT and what you must do to protect it.

A growing number of vaccinations including the influenza vaccine and now the newly minted Gardasil vaccine against the cervical cancer Human Papilloma Virus are increasingly suspected of causing the Guillain-Barre Syndrome (GBS).

GBS is a disorder of the neurological system characterized by uncontrollable muscle twitching, fatigue, and symptoms reminiscent of a recent stroke. Recovery does occur but in some case people may continue to have strong debilitating effects over a lifetime. Pulmonary complications and debilitating fatigue are the most common residual after effects.

Gardasil specifically is creating a special set of side effects that mirror the symptoms of GBS, including numbness and tingling, hair loss, extreme fatigue and weakness, and encephalopathy (seizures). Over 16 million does of Gardasil have been distributed to combat cervical cancer, but there continue to be questions about the side effects.

A vaccine injury lawyer can obtain a damage reward to cover important areas including medical expenses, income loss, long and short term care, permanent disability, and the loss of occupation. In addition, in the event of a loss of a loved one, vaccine product liability lawsuit and / or medical malpractice suits may be in order.

One suggestion to develop a model of those individuals who are most likely to develop GBS following vaccination in order to take the necessary precautions against vaccinating such individuals and lower the incidence of vaccine injury. The fact that Gardasil has been expanded to cover males teens only underscores the need to practice better preventive medicine.

Because the Vaccine Adverse Event Reporting System (VAERS) is a voluntary system, there is a greater possibility that the incidence of GBS following vaccinations such as Gardasil is being grossly underreported and there may be a greater incidence of side effects and vaccine injury.

A Gardasil lawyer can work with you in filing a suit for vaccine compensation and if necessary a Gardasil lawsuit against the pharmaceutical companies such as Merck.