Charges Filed After Fatal High-Speed Chase Wreck
A 25-year-old man faces multiple charges after he allegedly stole a vehicle, fled from police, and caused a fatal collision.
When Humble Police Department officers tried to detain the man, he refused to stop, prompting a chase that involved multiple law enforcement agencies, including the Houston Police Department, the Montgomery County Sheriff’s Office, and the Montgomery County Precinct 4 Constable’s Office.
During the pursuit, he briefly stopped and allowed an unidentified female passenger to exit the vehicle. The woman was taken into custody, and investigators said he continued southbound in the northbound lanes of the feeder road of I-69 near Rankin Road, driving dangerously against oncoming traffic.
Moments later, the man crashed into a Kia Soul on the Eastex Freeway near Rankin Road. The 40-year-old Kia driver was rushed to the hospital in critical condition, where she later died from her injuries. A 43-year-old passenger in the Kia was also taken to the hospital and treated for serious injuries.
The 25-year-old man was also taken to Kingwood Hospital for treatment before he was taken into custody. He now faces charges of murder and felony evading arrest in a motor vehicle. According to court documents, the Harris County District Attorney’s Office states that he intentionally evaded officers and, during the pursuit, drove at reckless speeds, drove over a median, and ultimately crashed into the Kia, resulting in the driver’s death.
Fatal High-Speed Police Chases
For several reasons, a fatal high-speed police chase wreck may be the most difficult kind of case for a Sugar Land wrongful death lawyer to successfully resolve.
To begin with, wrongful death damages are different from personal injury damages. Usually, wrongful death survivors are entitled to compensation for pecuniary losses, such as:
- Decedent’s final medical bills,
- Burial and funeral costs,
- Lost future emotional support,
- Decedent’s pain and suffering, and
- Lost future financial support.
These damages are very hard to determine, especially if the decedent was a young person. So, to determine losses such as lost future emotional and financial support, a Missouri City personal injury lawyer often partners with accountants, psychologists, and other outside professionals.
Responsibility is unclear as well. The law gives police officers some leeway in these cases. When they pursue suspects, they don’t have to stop at red lights or obey the speed limit. However, this immunity isn’t unlimited. At some point, police officers cross the line from negligent (lack of ordinary care) to reckless (conscious disregard for the safety of other people). Some factors to consider include:
- Nature of the offense (violent or nonviolent),
- Time of day,
- Traffic conditions, and
- Anti-chase policy.
That policy could be permanent or ad hoc. A permanent policy is written in black and white in an officer training manual or other such document. An ad hoc policy is usually a dispatcher’s limiting instruction, such as “do not chase” or “pursue with extreme caution.”
If police officers did cross the line, they must accept responsibility for their reckless behavior. Furthermore, the department must accept responsibility and compensate the victims and survivors.
Procedural Issues
High-speed police chases are also complex procedurally. Like most other injury cases, these matters usually settle out of court. However, the process is different.
Normally, settlement documents are part of the official case record. Usually, settlements expressly state that the defendant accepts no legal responsibility for damages. But defendants apologize with their checkbooks in these cases. They also apologize when they cancel the insurance policies of negligent drivers, alter their official anti-police chase policies, or take other such actions.
Official actions against public entities are different. Before filing legal action, a lawyer must normally file a notice of claim. After this filing, the public entity usually has thirty or forty-five days to tender a settlement offer. If the survivor accepts that offer, the matter usually closes without any further action. If the survivor rejects that offer, further legal action may be possible in some cases.
The pre-settlement process is identical in both cases. Attorneys must diligently build evidence-based claims that fully account for all possible legal theories, whether they’re favorable or unfavorable. Then, an attorney negotiates from a position of strength. Good things usually happen in these situations.
Count on a Diligent Fort Bend County Attorney
Injury victims are entitled to significant compensation. For a confidential consultation with an experienced personal injury attorney in Missouri City, contact the Henrietta Ezeoke Law Firm. We routinely handle matters throughout the Lone Star State.
Source:
click2houston.com/news/local/2024/10/11/murder-charges-filed-against-suspect-in-ne-houston-chase-that-killed-innocent-driver/