All licensed Texas drivers have a duty to operate their vehicles in a safe manner, including police officers. While police officers are not invulnerable to being involved in collisions, they are largely immune from liability. Recently, a Texas court discussed what a police officer must show to demonstrate they are entitled to immunity, in City of San Antonio v. Riojas, No. 20-0293, a case in which the plaintiff sought damages after he sustained injuries in a motorcycle crash involving a police cruiser. If you were hurt while riding a motorcycle, you might be owed damages, and you should speak to a seasoned Texas motorcycle accident lawyer regarding your rights.
The Subject Accident
It is alleged that a police officer employed by the defendant city was driving on a Texas highway that had three lanes of traffic traveling in each direction. He was preparing to exit the highway when he noticed traffic slowed down markedly due to a white sedan crossing all three lanes and then making a sharp turn to leave the highway. The officer pulled to the shoulder and activated his patrol lights to warn approaching drivers of the sudden slowdown of traffic.
It is reported that the plaintiff was riding a motorcycle on the highway in the direction of the defendant. The car in front of him slowed down, and he attempted to brake but lost control of his motorcycle and crashed. The plaintiff subsequently filed a lawsuit against the defendant, arguing that the officer’s negligent operation of his emergency lights caused the collision. The defendant filed a plea to jurisdiction, averring that the officer was entitled to official immunity. The trial court denied the defendant’s plea, and the appellate court affirmed. The defendant then sought further review. Continue Reading