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The Nightmare Scenario: A Wreck with a Police Car in Texas
If you’re driving in Houston, Austin, Beaumont, or anywhere across Texas, the thought has probably crossed your mind: what happens if I get into a car accident with a police officer? It’s a terrifying prospect. You’re shaken, possibly injured, and now you’re facing not just another driver, but a representative of the government. In our latest Attorney 911 podcast, Ralph Manginello, with over 25 years of experience as a Houston personal injury attorney, delivered a stark and honest assessment of these cases. The reality, as he explains through a heartbreaking recent case, is that these are among the most difficult legal battles a person can face. The system is stacked against you from the moment the lights come on. But understanding why, and knowing the exact path to fight back, is your only hope for justice.
As Ralph stated bluntly based on decades of litigation in Texas courts: “If you have the unfortunate luck of getting into a wreck with a police officer, you’re screwed.” He doesn’t say this to discourage, but to prepare you for the brutal reality. Government entities—cities, counties, the state—fight cases very, very hard. Even when the evidence clearly shows the officer was at fault, which it often does, they will dig in and fight even harder. Why? Because a settlement or verdict against them sets a precedent, costs taxpayer money, and admits failure in their training or protocols. They have virtually unlimited resources to drag out a case, file endless motions, and appeal any decision that doesn’t go their way. The goal is to exhaust you, financially and emotionally, until you give up.
A Real-World Case from Harris County: When the System Fails
Ralph Manginello doesn’t deal in hypotheticals. He breaks down a current, devastating case our firm is handling right here in Harris County. We represent an elderly, retired nurse in her 60s. She was driving home on a busy Houston street, obeying the law at 35-40 miles per hour, proceeding through a green light. A Houston police officer, approaching the same intersection, had a solid red light. By law—both Texas statute and internal police department policy—officers are required to ensure safety and clear an intersection before proceeding against a signal, even when using lights and sirens. This officer failed to do so. He ran the red light and T-boned our client’s vehicle, “crushing” her.
The injuries were severe and life-altering: herniated discs in her back requiring painful injections and, ultimately, necessary back surgery. Her retirement, meant for relaxation and family, is now consumed by pain and medical appointments. The fault seemed clear. Yet, just recently, a Harris County judge—one Ralph personally respects—signed an order stating the city was not liable. The judge’s reasoning? The officers were allegedly responding to an emergency call.
“Which is simply not the case,” Ralph clarifies. The facts and evidence show they were not en route to a life-or-death emergency; they were heading to another, non-injury car accident. This critical distinction was overlooked, leading to what we believe is a legally incorrect decision. Now, our severely injured client’s case has been dismissed at the trial court level. Her path to compensation for medical bills, lost quality of life, and suffering now requires navigating the arduous and expensive appellate court system in Texas.
Understanding the Legal Mountain: Sovereign Immunity in Texas
To understand why a crash with a police car is so different, you must understand the doctrine of sovereign immunity (for state entities) and governmental immunity (for city/county entities). In simple terms, these doctrines mean “the king can do no wrong.” The government and its employees are generally immune from lawsuit unless that immunity has been explicitly waived by statute.
In Texas, the primary waiver for these types of accidents is the Texas Tort Claims Act (TTCA) (Texas Civil Practice & Remedies Code, Chapter 101). The TTCA allows lawsuits against government entities for personal injury caused by the negligence of an employee acting within the scope of their employment, if the negligence arises from the operation or use of a motor-driven vehicle. This is the narrow window through which your case must pass.
The “Emergency Response” Exception: A Nearly Impenetrable Shield
However, the TTCA has a massive exception that government lawyers wield like a club: the emergency response exception (Texas Civil Practice & Remedies Code § 101.055(2)). This statute states that immunity is NOT waived if the claim arises from the action of an employee responding to an emergency call or reacting to an emergency situation. The government doesn’t have to prove the officer was driving perfectly—only that they were responding to what they reasonably believed was an emergency.
This is the shield the City of Houston used in our client’s case. They argued the officers were on an emergency call, and the judge agreed. As Ralph pointed out, the facts disputed this, but overcoming this presumption in court is notoriously difficult. The law heavily favors protecting government emergency activities, even when they are conducted negligently. Courts often give extreme deference to an officer’s judgment of what constitutes an “emergency.” This is why Ralph’s warning is so dire: “If you get in a wreck with a Houston Police Department vehicle or a state vehicle, most likely you’re screwed. The courts are not gonna rule in your favor.”
The Crucial First Steps After a Crash with a Police Vehicle
Despite the daunting legal landscape, your immediate actions are more critical than ever. The government and its insurers will immediately begin building a defense. You must build your case with equal speed and precision.
- Seek Medical Attention Immediately: Your health is paramount. Adrenaline can mask severe injuries like whiplash, spinal trauma, or traumatic brain injury. A medical record created immediately after the crash is the most powerful evidence linking your injuries to the collision. Delaying treatment allows insurance lawyers to argue your injuries weren’t serious or were caused by something else.
- Call 911 and Insist on a Full Report: Even though a police officer is involved, you must ensure an independent law enforcement agency (like the county sheriff or state troopers) is called to investigate. There is an inherent conflict of interest when an officer’s own department investigates their crash. Demand a formal Texas Peace Officer’s Crash Report (CR-3). This document is foundational.
- Document Everything You Can: If you are physically able, use your phone. Take photos and video of the entire scene: vehicle positions, skid marks, traffic signals, debris, and all angles of damage. Get close-ups of license plates and officer badges. Record the condition of the police vehicle—are lights and sirens operational? Note the exact time and weather conditions.
- Identify Witnesses Immediately: Bystanders are crucial. Their unbiased account can counter the officer’s narrative. Get names and contact information before they leave. Ask them what they saw and heard—specifically, did they hear sirens before the impact?
- DO NOT Give a Formal or Recorded Statement to Anyone But Your Lawyer: You have a constitutional right to remain silent. You are required to provide basic information (license, insurance), but you are not required to give a detailed statement about how the crash happened, your injuries, or what you think occurred. Anything you say to the investigating officer or, later, to a city or insurance adjuster will be meticulously dissected and used against you. Politely decline: “I need to speak with my attorney first.”
- Contact a Specialist Attorney IMMEDIATELY—Call 1-888-ATTY-911: Time is your enemy. Surveillance footage from nearby businesses is typically deleted after 7-30 days. Witness memories fade. The government will immediately secure legal counsel. You need an advocate with equal firepower and specific experience in beating governmental immunity. This is not a case for a general practitioner or a settlement mill.
Why Attorney911 Is Uniquely Equipped for This Fight
At Attorney911, we don’t shy away from the hardest fights. In fact, our entire firm is built around the concept of being “Legal Emergency Lawyers™”—the first responders to complex, high-stakes legal crises. A crash with a government vehicle is the epitome of such a crisis. Here is why our team, led by Ralph Manginello, is your strongest possible advocate.
Decades of Experience Against Powerful Defendants
Ralph Manginello’s 25+ year career has been defined by taking on giants. He is one of the few plaintiff attorneys in Texas to have been involved in the BP Texas City explosion litigation, a catastrophic industrial disaster where we faced off against a multinational corporation with limitless legal resources. That experience—handling complex federal court procedures, battling teams of defense lawyers, and understanding how massive entities construct their defense—is directly applicable to suing a city or the state of Texas. Ralph is admitted to the U.S. District Court for the Southern District of Texas, a critical credential for cases that can escalate to the federal level.
Our results speak to this tenacity. We’ve secured multi-million dollar settlements for clients others turned away. For instance, we obtained a multi-million dollar settlement for a client who suffered a traumatic brain injury and vision loss when a log dropped on him at a logging company. In another case, a client’s leg injury from a car accident led to a severe infection and partial amputation during treatment; that case also settled in the millions. These results prove we have the skill and determination to maximize compensation in the most severe injury cases.
The Insider Advantage: A Former Insurance Defense Attorney on YOUR Side
This is perhaps our most critical advantage in fighting City Hall. Our firm includes Associate Attorney Lupe Peña, who spent years working at a national defense firm. He didn’t just fight insurance companies; he worked for them. Lupe knows firsthand how large insurers and government risk pools value claims, build defenses, and strategize to minimize payouts.
“Lupe’s insider knowledge from years at a national defense firm is now your unfair advantage,” says Ralph. Lupe understands the exact arguments they will make regarding the emergency response exception. He knows how they will dissect the police report, what experts they will hire to reconstruct the accident, and how they will attempt to shift comparative fault onto you. He spent years taking recorded statements designed to trap claimants; now, he uses that knowledge to protect you from those traps. When we sit across the table from the City Attorney’s office or their outside counsel, we speak their language because Lupe used to be on their side of the table.
A Track Record of Winning When Others Won’t Try
Our client testimonials reveal a common theme: we take and win cases that other attorneys abandon. Greg Garcia stated, “In the beginning I had another attorney but he dropped my case although Manginello law firm were able to help me out.” Angel Walle confirmed, “They solved in a couple of months what others did nothing about in two years.” This willingness to fight is essential in a police crash case, where many firms see the governmental immunity hurdle and immediately walk away.
We are currently demonstrating this relentless approach in active, high-profile litigation. Attorney911 is lead counsel in Bermudez v. Pi Kappa Phi Fraternity, Inc., a $10 million lawsuit against the University of Houston and a national fraternity. This shows we are not intimidated by powerful institutions—we are prepared to litigate fiercely and publicly to secure justice for our clients.
The Long, Expensive Road of Appeals: What Our Harris County Client Faces
Let’s return to the case of our retired nurse client. The judge’s erroneous order, in our view, is not the end. It is the beginning of a grueling appellate process that Ralph outlined. “She’s gonna have to go to the appellate courts, and it’s very difficult to get decisions overturned,” he explained. And even if we succeed at the first appellate court, “the city will fight it… and they’re gonna go to the Texas Supreme Court.”
This process is astronomically expensive. Writing appellate briefs, filing motions, and paying court fees at each level costs tens of thousands of dollars. Most individuals—and many law firms—cannot afford this protracted war of attrition. This is by design. As Ralph said, “Our client and I, we have to make a decision on if we are willing to spend the necessary money to hopefully get a better decision.” At Attorney911, because we believe in this client and the principle at stake, we are prepared to advance these costs and fight. We have the financial resources and legal fortitude to see it through. Most settlement mills do not.
This is the stark choice you face with a government defendant: accept an unjust dismissal or embark on a years-long, costly appeal. Having a firm with deep pockets and unwavering commitment is non-negotiable.
How Attorney911 Builds an Unbeatable Case Against a Government Entity
When you call 1-888-ATTY-911 after a crash with a police officer, we immediately deploy a specialized investigative and legal strategy designed to puncture governmental immunity.
- Immediate Evidence Preservation: We send spoliation letters to every possible entity: the police department, the city, nearby businesses, and TXDOT, demanding they preserve all video footage, vehicle black box (EDR) data, radio dispatch logs, and training records. We often hire a digital forensic expert to image the hard drives of the police vehicle’s camera system.
- Deep Investigation into the “Emergency”: We subpoena the 911 dispatch logs, CAD (Computer-Aided Dispatch) reports, and officer radio transmissions. We will depose the dispatcher and the officers involved to lock in their story. Was there a true, verifiable emergency? What was the exact nature of the call? What specific policies did the officer violate?
- Expert Witness Assembly: We retain a team of top-tier experts:
- Accident Reconstruction Expert: To prove the officer’s speed, failure to clear the intersection, and violation of right-of-way.
- Police Procedures Expert: A former police chief or trainer to testify that the officer breached standard police practices and department protocols for emergency response driving.
- Medical and Economic Experts: To document the full extent of your injuries, future medical needs (like surgery), and the lifelong economic impact of your damages.
- Aggressive Discovery: We file extensive requests for production, seeking the officer’s entire personnel file, disciplinary history, driving record, and all training certifications. We look for patterns of negligence.
- Strategic Lawsuit Filing: We analyze whether to file in state district court or, if federal claims are possible, in the U.S. District Court for the Southern District of Texas, where Ralph is admitted. We craft the petition to anticipate and negate the immunity defense from the very first page.
You Are Not Just a Case Number: The Attorney911 Client Experience
While we are fighting a legal war against a government Goliath, we never forget that you are a human being in pain and under immense stress. Our 251+ Google reviews with a 4.9-star rating consistently highlight the personal care and communication we provide. Chad Harris said it best: “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.”
You will have a dedicated case manager, like the frequently praised Leonor (Leo), who will be your constant point of contact, updating you every 2-3 weeks. As Stephanie Hernandez shared, “When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.” And you will have access to your attorney. Dame Haskett noted, “Ralph reached out personally.” For Spanish-speaking families, our entire team, led by fluent Spanish speaker Lupe Peña and bilingual staff like Zulema, ensures you are understood and comfortable every step of the way. Hablamos Español.
Frequently Asked Questions: Crashes with Police in Texas
What if the police report says I was at fault?
The police report is not definitive in court. It is an opinion. We regularly hire independent accident reconstruction experts to challenge an officer’s conclusions and present scientific evidence to a judge or jury. The officer who wrote the report can be cross-examined. Do not assume a faulty police report ends your case.
Can I sue the police officer personally?
Generally, no. The Texas Tort Claims Act requires you to sue the government entity (the city, county, or state) that employs the officer. The officer is typically protected by official immunity when acting within the scope of their duties. Your lawsuit is against the entity that bears responsibility for the officer’s training, supervision, and conduct.
What if I was partially at fault for the accident?
Texas follows a “modified comparative fault” rule (Texas Civil Practice & Remedies Code § 33.001). You can still recover damages as long as you are not found to be 51% or more at fault. However, your compensation will be reduced by your percentage of responsibility. For example, if you are found 20% at fault for a $100,000 injury, you recover $80,000. This rule still applies in crashes with government vehicles, making a strong defense against their blame-shifting tactics crucial.
How long do I have to file a lawsuit against a city or the state in Texas?
The statute of limitations for personal injury in Texas is two years from the date of the accident (Texas Civil Practice & Remedies Code § 16.003). However, there are NOTICE REQUIREMENTS for suing government entities that shorten this timeline dramatically. You must formally notify the city, county, or state of your claim within six months of the incident. Missing this notice deadline can forfeit your right to sue forever. This is why calling 1-888-ATTY-911 immediately is not just advisable—it is critical to preserving your claim.
Do I have to pay anything upfront for Attorney911 to take my case?
Absolutely not. We work on a contingency fee basis (33.33% before trial, 40% if a trial becomes necessary). We advance all costs of litigation—filing fees, expert witnesses, court reporter costs—and are only reimbursed if we win compensation for you. If we don’t recover money for you, you owe us nothing. This allows you to pursue justice against a deep-pocketed government opponent without financial risk.
What if the officer wasn’t using lights and sirens?
This significantly weakens the government’s “emergency response” defense. If the officer was running routine patrol or responding to a non-emergency call without activated emergency equipment, the city’s immunity waiver is much clearer. This fact must be aggressively investigated and proven through witness testimony, camera footage, and cruiser data logs.
Time Is Not on Your Side: Call Your Legal First Responder Now
The transcript from Ralph Manginello is a sobering public service announcement for every driver in Texas. A wreck with a police officer places you in a legal battle unlike any other. The government’s shields of immunity and endless resources are designed to make you surrender. But with the right legal team—one that has beaten billion-dollar corporations, one that includes a former insurance defense insider, and one that is willing to fund and fight an appeal all the way to the Texas Supreme Court—justice is still possible.
Do not wait. Do not talk to adjusters. Do not let them lull you into a false sense of security. From the moment those blue lights flash in your rearview mirror after a collision, your legal emergency has begun. You need a first responder.
Call the Legal Emergency Lawyers™ at Attorney911. Let Ralph Manginello, Lupe Peña, and our battle-tested team immediately begin preserving evidence, investigating the truth, and building the fortress of a case you will need to overcome sovereign immunity. Your health, your financial future, and your right to justice depend on taking immediate, decisive action.
Contact Attorney911 24/7 for your free, confidential case evaluation. Call 1-888-ATTY-911 (1-888-288-9911) or visit attorney911.com. We serve clients across Texas from our offices in Houston, Austin, and Beaumont.
Frequently Asked Questions
What should I do immediately after a car accident with a police officer in Texas?
Seek medical attention first, then call 911 to ensure an independent agency investigates. Document the scene with photos/video, get witness contact information, and DO NOT give any statement about fault or injuries to anyone but your lawyer. Contact a specialized attorney like Attorney911 immediately by calling 1-888-ATTY-911, as evidence disappears quickly and there are strict notice deadlines for suing government entities.
Why are accidents with police officers so difficult to win in court?
Government entities like cities and the state are protected by doctrines of sovereign immunity, meaning they can’t be sued unless immunity is waived. The Texas Tort Claims Act provides a narrow waiver, but it has a major exception for emergency responses. Courts heavily favor police in ’emergency’ situations, making it extremely difficult to prove liability even when an officer is clearly negligent.
How long do I have to file a claim against a city or police department in Texas?
While the standard personal injury statute of limitations is two years, you must formally notify the government entity of your claim within SIX MONTHS of the accident. Missing this strict notice deadline can completely bar your lawsuit. This is why contacting an experienced attorney like those at Attorney911 immediately is critical to protect your rights.
Can I sue the police officer personally for causing the crash?
Typically, no. Texas law generally requires you to sue the government entity (city, county, state) that employs the officer, not the individual. The officer is usually shielded by official immunity when acting within their job duties. Your lawsuit would be against the entity responsible for the officer’s training and conduct.
What if the police report says the accident was my fault?
A police report is not a final legal judgment; it is an officer’s opinion that can be challenged in court. Attorney911 regularly works with independent accident reconstruction experts to analyze crash physics, review camera footage, and interview witnesses to build a scientific case that contradicts a faulty police report and establishes the true facts.
Why is Attorney911 uniquely qualified to handle a crash case against a police department?
Attorney911 has a proven track record against powerful defendants, including involvement in BP explosion litigation. Our firm includes former insurance defense attorney Lupe Peña, who knows exactly how government risk pools build their defense. We have the financial resources to advance costs through lengthy appeals and the trial experience (including federal court) to fight these complex cases to the end.
