74 Deaths in Texas Due to High-Speed Pursuits: The Dangers of Operation Lone Star

The implementation of Operation Lone Star in Texas has led to a troubling rise in fatal vehicle pursuits, posing significant wrongful death concerns. Notably, a Human Rights Watch investigation reveals that these high-speed chase deaths, often initiated over minor traffic offenses, have resulted in at least 74 deaths. This drastic escalation in pursuits, averaging 201 per month, highlights a disturbing trend of increased risk to civilian life. Particularly concerning is the disproportionate impact on specific counties intensely engaged in the operation. This scenario raises critical questions about the balance between law enforcement tactics and the safety of Texas residents. Critics challenge the necessity of such dangerous pursuits, arguing they contribute to unnecessary loss of life and potential wrongful death cases, while proponents defend them as essential for border security and combating smuggling. This situation underscores a pivotal issue in personal injury law: the need to scrutinize and potentially hold accountable those responsible for actions leading to wrongful deaths.

In Texas, the right to proceed against a government entity for a car wreck injury is governed by the Texas Tort Claims Act. This act, established in 1969, waives the state’s sovereign immunity in certain circumstances, allowing individuals to sue the state or local government entities for injuries resulting from car accidents involving government vehicles or employees. However, there are specific conditions and limitations under this act:

1. Conditions for Suing: To sue a government entity or employee in Texas, the following conditions must be met:
   • The government employee must have been acting within the scope of their employment.
   • The at-fault party must not have been responding to an emergency call, reacting to an emergency situation, acting intentionally, or otherwise protected by an exception to the Act​​.
2. Damages Caps: The Texas Tort Claims Act limits the amount of damages that can be recovered in these claims. The limits are $250,000 per person and $500,000 per occurrence for bodily injury, and $100,000 per occurrence for damaged property​​​​.
3. Filing Deadline: There is a specific time frame within which a personal injury claim must be filed against a government entity. The state of Texas allows up to 180 days to file a claim. However, this deadline varies among local and municipal governments; for example, Dallas limits the timeframe to 90 days, while Austin limits it to 45 days​​​​.

These guidelines underscore the importance of understanding the specific legal framework and adhering to the procedural requirements when seeking to file a claim against a government entity in Texas for car wreck injuries. It’s advisable for individuals in such situations to consult experienced accident lawyers who are well-versed in the Texas Tort Claims Act to ensure that their claims are properly filed and managed within the stipulated time frames and according to the specific requirements of the law.