What Happens If a Cop Hits Your Car in Texas?

Accidents involving police officers are more common than many people realize. While police officers are tasked with protecting the community, they are still human — and mistakes can happen behind the wheel. If you’ve been involved in a car accident caused by a police officer in Texas, it’s important to understand your rights and how to pursue compensation, especially if you suffered an injury. At Williams Caputo, PLLC, our team of experienced Texas personal injury lawyers is here to help you navigate these complicated situations.

Can You Sue a Police Officer or Department in Texas?

When a police officer causes a car accident in Texas, suing them or their department is possible — but not always straightforward. Generally, government entities like police departments are protected by sovereign immunity, which limits when they can be held liable. However, under the Texas Tort Claims Act, there are specific circumstances where victims can bring a claim against a government agency for injuries and damages caused by government employees, including police officers.

To pursue compensation, the officer must have been acting within the scope of their employment and must not have been engaged in certain emergency actions that qualify for immunity. It’s critical to act quickly because Texas law imposes strict deadlines on claims against government entities.

Common Scenarios Where a Police Officer May Hit Your Vehicle

There are many situations where a police officer may accidentally cause a car crash, including:

• Police officers driving at high speeds without using lights and sirens in non-emergency situations
• Distracted driving while operating in-car computers or radios
• Failure to yield the right of way or running red lights when not actively responding to emergencies
• Reckless maneuvers during traffic stops or surveillance
• Pursuits that lead to loss of vehicle control

If you’ve been hit by a police car under any of these circumstances, especially if you suffered injuries, Williams Caputo, PLLC can help assess whether you have a valid claim.

Steps to Take Immediately After a Police Car Accident

If a police officer hits your vehicle, you may feel unsure about how to proceed. Here are crucial steps to protect your rights:

1. Ensure Safety and Call 911 – Even if the officer involved calls for backup, ensure an official report is created.
2. Document the Scene – Take clear photos and videos of all vehicles, damage, the surrounding area, and any injuries.
3. Gather Witness Information – Get contact details from anyone who saw the accident happen.
4. Obtain a Police Report – Request a copy of the accident report.
5. Seek Medical Treatment – Always get checked by a medical professional, even if you feel okay. Some injuries may surface later.
6. Contact a Personal Injury Lawyer – Call Williams Caputo, PLLC to understand your legal options.

“We get to represent people who oftentimes don’t have the ability to advocate for themselves against the ‘big bad wolf,’  and there isn’t a day that starts where I’m not looking forward to helping those people fight back.”

Joe Caputo

Founding Attorney

How Liability is Determined When a Cop Hits Your Car in Texas

Determining liability in accidents involving police vehicles depends on several factors. It must be established whether the officer was on duty, if they were engaged in an emergency response, and if they took reasonable care while driving.

Key evidence may include:

• Dashcam or bodycam footage
• Witness statements
• Traffic camera recordings
• Accident reconstruction analysis

If the officer was not responding to an emergency or acted recklessly, the department may be held liable for damages and injuries caused by the crash.

What Damages Can You Recover if a Cop Hits Your Car?

If you are injured in an accident caused by a police officer, you may be entitled to compensation for a variety of damages, including:

• Property damage to your vehicle
• Medical bills for emergency care, hospital stays, surgery, and ongoing treatments
• Lost income if your injuries prevent you from working
• Pain and suffering for physical pain and emotional distress
• Permanent disability or disfigurement, where applicable

However, Texas law places limits on how much compensation can be recovered from government entities, known as liability caps, so having an experienced personal injury lawyer from Williams Caputo, PLLC is essential to maximizing your claim.

Deadlines: How Long Do You Have to File a Claim?

Claims against police departments and other government agencies are subject to short deadlines in Texas. Under the Texas Tort Claims Act, you typically must file a notice of claim within six months of the accident. Some cities and counties have even shorter timeframes.

Additionally, Texas has a two-year statute of limitations for personal injury claims, meaning that if you wait too long, you could lose your right to compensation altogether.

Because of these tight deadlines, contacting Williams Caputo, PLLC as soon as possible is crucial to protect your rights.

How Williams Caputo, PLLC Can Help You After a Police-Involved Accident

At Williams Caputo, PLLC, we specialize in representing victims of personal injury, including those harmed in accidents involving police officers and other government vehicles. These cases are complex, but our experienced legal team understands how to investigate police-involved crashes, gather critical evidence, and fight for the maximum compensation allowed under Texas law.

We handle everything from start to finish:

• Investigating the accident thoroughly
• Handling all communications with government agencies and insurance companies
• Filing all required notices and legal documents on time
• Negotiating settlements or taking your case to trial if needed

Best of all, you pay nothing unless we win your case.

If you or a loved one has been injured in an accident caused by a police officer in Texas, contact Williams Caputo, PLLC today for a free case review. Let us help you get the justice and compensation you deserve.

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What our clients are saying about us

David Z.

These guys are consummate professionals. As a transactional attorney who frequently receives requests from clients and prospects for injury lawyers, I always trust Joe Caputo—he is my go-to referral and consistently delivers for his clients. And as effective as they are as counsel, Caputo and Williams are even better people. Compassionate and trustworthy… You want these two advocating on your behalf when it counts.

Lyndsey P.

If you are looking for the best personal injury attorneys, Joe and Burgess are it. Their knowledge and experience with different types of cases mean they can help you and get you the best results from your case. I worked with them and saw day in and day out all they did to help their clients. While they are smart and know what they are doing, they are kind and good people who truly care. You are getting the best of the best when you hire Joe and Burgess.

Kate H.

Joe and Burgess are amazing attorneys. Their expertise, dedication to their clients, and commitment to excellence is second to none. They sincerely care about their clients and always put their clients wellbeing first and they are just overall great people to work with. You can’t go wrong with these skilled litigators in your corner.

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FAQs

Can I sue the city if a police officer hits my car in Texas?
Yes, under the Texas Tort Claims Act, you can sue the city or police department if the officer was negligent and not protected by immunity during an emergency situation.

What if I was partially at fault in the accident?
Texas follows a modified comparative fault rule. You may still recover damages if you were less than 51% at fault, but your compensation will be reduced by your percentage of fault.

Do police reports always favor the officer?
Not necessarily. While officers may write the report, independent investigations and witness statements can provide critical evidence to challenge an unfavorable report.

What if the cop was on an emergency call?
If the officer was engaged in an official emergency response and followed proper protocol (e.g., using lights and sirens), they may be immune from liability. However, if they acted recklessly or without due care, you may still have a claim.

Contact Williams Caputo, PLLC Today

If you’ve been injured in an accident involving a police officer, don’t navigate this complex process alone. Contact Williams Caputo, PLLC today to schedule your free consultation. Our personal injury attorneys are ready to fight for your rights and help you pursue the compensation you deserve.

Call us now or contact us to request a meeting with a lawyer.