Emmerick Jacob said he is still recovering from a July 18 crash in Harris County where he was cut out of his vehicle and taken by Life Flight to the hospital.
Jacob said his Cadillac Escalade was hit by a Harris County Precinct 4 constable deputy as he attempted to cross the intersection of Walters Road and Spears Road.
In a newly filed lawsuit, Jacob and his attorney claim the deputy barreled through the red light at a speed upward of 70 mph.
“My light turns green, I proceeded to go and there’s a big boom, I’m hit. Once I realize I got hit my car flipped over three or 4 times and at that point, I’m fighting to survive,” Jacob said.
Jacob told KPRC 2 he suffered a punctured lung and wasn’t sure if he was going to survive.
“That night when I finally got OnStar I called to say bye to the people I love,” said Jacob.
According to a crash report, the deputy constable was on his way to a Priority 1 call for assistance and disregarded a red light at the intersection.
The report, however, said the deputy constable attempted to clear the intersection with his horn and siren before entering the intersection.
Jacob’s attorney Ashish Mahendru said a video from a nearby gas station shows the deputy constable never slowed down. He said he’s tried to work with the constable’s office but said they refuse to cooperate.
“Before we filed the lawsuit, we asked Harris County through the Constables office, through a freedom of information act request, to provide us the basic information, give us the dashcam, give us the pictures of the vehicle, tell us what you know happened, and nothing,” Mahendru said.
Mahendru said his client has filed a lawsuit seeking damages for past and future medical bills, pain and suffering and loss of income. Jacob, who is a chauffeur, lost his black Escalade and has been unable to work since the accident.
KPRC 2 reached out to Constable Mark Herman who said the investigation is ongoing and dashcam video will not be released until it is complete. He also said their investigation shows both parties are at fault and have been cited.
The deputy will be cited for disregarding the red light while Jacob has been cited for failing to yield to an emergency vehicle.