Yes, in many cases. The Texas Tort Claims Act waives immunity for injuries caused by a government employee’s negligent use of a motor vehicle, but it caps damages, bars punitive damages, and requires written notice within six months, or within 90 days under the Houston and San Antonio city charters.
Cities, counties, school districts, and the state are generally immune from suit. Civil Practice and Remedies Code section 101.021 is the exception that matters after a crash: a governmental unit is liable for injury and death proximately caused by an employee’s negligence when the harm arises from the operation or use of a motor-driven vehicle and the employee would be personally liable under Texas law. A city garbage truck, a police patrol car, a county maintenance truck, or a school bus can all fall within it.
Damages are capped by statute in section 101.023. A municipality’s liability is limited to $250,000 for each person and $500,000 for each single occurrence for bodily injury or death. Other units of local government, such as counties, are limited to $100,000 per person and $300,000 per occurrence. The state is limited to $250,000 and $500,000. Section 101.024 adds that the Act does not authorize exemplary damages.
Notice is where these claims are most often lost. Section 101.101 requires written notice to the governmental unit within six months of the incident, describing the injury, the time and place, and what happened, and it ratifies shorter city charter deadlines. The Houston and San Antonio charters require notice within 90 days. Actual notice can sometimes substitute, but relying on that is a gamble.
Emergency responses are treated differently. Under section 101.055, the Act does not apply to an employee responding to an emergency call if the action complied with the laws and ordinances that govern emergency action or, where none apply, was not taken with conscious indifference or reckless disregard for the safety of others. Whether a police car had its lights and siren on, and how fast it was going, often decides these cases.
Who the employee was matters as much as what they drove. The waiver applies when the employee was acting within the scope of employment and would be personally liable under Texas law. A city worker driving a city truck on a work assignment fits; the same worker in a personal car on a lunch errand usually does not. Contractors hired by the city are generally not government employees, which means a claim against a private contractor’s commercial policy may be available without the Tort Claims Act caps.
Owsley Law Firm handles government vehicle claims across Texas, files the required notices, and charges no fee unless it wins.
What to do, step by step
- Identify the exact governmental unit that owned the vehicle or employed the driver.
- Send written notice within six months, or within 90 days for Houston and San Antonio, describing the injury, the time and place, and the incident.
- Request the police report and any video from the agency.
- Document injuries and treatment as with any claim.
- File suit within the two-year limitations period if the claim does not resolve.
Federal vehicles are different again. A crash with a postal truck or other federal vehicle falls under the Federal Tort Claims Act, which requires an administrative claim to the agency before any lawsuit. The Texas Tort Claims Act does not apply to federal employees.
The Act also covers some road conditions, but those claims turn on special defect and premises rules rather than vehicle use. When the problem was a road hazard rather than a government driver, the analysis and the evidence are different.
Government claims also have practical differences. Agencies often have their own risk management offices that handle claims, and their adjusters know the notice and immunity rules well. A claim that misses notice, names the wrong unit, or overlooks the emergency exception can be dismissed even if the injuries are serious, which is why these cases are worth having a lawyer review early.
Mistakes that cost people money
- Waiting more than 90 days on a Houston or San Antonio city claim.
- Sending notice to the wrong agency or department.
- Assuming the caps do not apply because injuries are severe.
- Relying on a phone call instead of written notice.
Related questions
How much can I recover from a city?
Section 101.023 caps a municipality’s liability at $250,000 per person and $500,000 per occurrence for bodily injury or death, and $100,000 for property damage. Counties and other local units are capped lower.
What if the city employee was off duty?
The Act applies only when the employee was acting within the scope of employment. An off-duty employee driving a personal car is treated like any other driver.
Can I get punitive damages from the city?
No. Section 101.024 says the Act does not authorize exemplary damages.
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