In Texas, a crash with a government vehicle, such as a city truck, police car, or school bus, can be a claim against the government entity under the Texas Tort Claims Act, which waives immunity for injuries caused by a government employee’s negligent use of a motor vehicle. Damages are capped and notice is generally due within six months. Owsley Law Firm handles these claims and charges no fee unless it wins.
Can you sue a Texas government entity for a car crash?
Yes, in many cases. Section 101.021 of the Texas Tort Claims Act waives immunity for personal injury and property damage caused by the negligence of a government employee acting within the scope of employment when the injury arises from the operation or use of a motor-driven vehicle and the employee would be personally liable under Texas law. City garbage trucks, public works vehicles, county vehicles, state vehicles, transit buses, and school buses can all fall within this waiver.
What vehicles are covered?
Claims commonly involve these vehicles.
- Police cars and sheriff’s vehicles
- Fire trucks and ambulances operated by public entities
- City garbage, utility, and public works trucks
- TxDOT maintenance vehicles
- Public school buses and district vehicles
- Transit buses and vans operated by a public transit authority such as METRO
- State university and agency vehicles
What about police and emergency vehicles?
Section 101.055 creates an important exception. A government entity is generally not liable for an emergency vehicle’s actions while responding to an emergency call or reacting to an emergency situation if the action complied with laws applicable to emergency action, or, absent such a law, was not taken with conscious indifference or reckless disregard for the safety of others. That is a higher standard than ordinary negligence. Crashes involving police cars that were not responding to an emergency are evaluated under ordinary negligence.
How much can you recover?
Section 101.023 caps damages. The state and municipalities are capped at $250,000 per person and $500,000 per occurrence for bodily injury or death. Other units of local government, such as counties and school districts, are capped at $100,000 per person and $300,000 per occurrence. Punitive damages are not available against a government entity. Your own uninsured and underinsured motorist coverage may help fill the gap when the cap is less than your losses.
What is the notice deadline for a government claim?
Section 101.101 generally requires formal written notice within six months of the incident, reasonably describing the injury, the time and place, and the incident. Many city charters require shorter notice. The City of Houston has its own notice provision, and its charter requires notice within 90 days. Missing it can end the claim. Separately, the lawsuit must generally be filed within two years under section 16.003.
Can you sue the employee personally?
Generally no. The Act’s election of remedies provision, section 101.106, usually requires the claim to be brought against the government entity rather than the individual employee when the employee was acting within the scope of employment. Naming the wrong defendant can have serious consequences, so the choice of who to sue should be made carefully.
What evidence matters in a government vehicle crash?
Many public vehicles have dash cameras, body cameras, GPS, and fleet tracking, and agencies keep driver records and incident reports. Some of this is available through public information requests and some through litigation, but retention schedules can be short. The firm requests preservation early, along with radio and dispatch logs when an emergency vehicle was involved, because those show whether the vehicle was responding to an emergency and whether lights and sirens were in use.
Does my insurance help after a government vehicle crash?
Yes. Because government damages are capped, your own coverage can matter. Personal injury protection pays medical bills and lost wages regardless of fault, and underinsured motorist coverage may pay losses above what the government entity pays, depending on the policy. Your insurer must be notified promptly, and its consent may be needed before settling with the government entity to protect the UIM claim.
What if a contractor’s vehicle was working for the government?
Many cities and agencies hire private companies for garbage collection, road work, towing, and transportation. A private contractor’s driver is not a government employee, so the Tort Claims Act caps and notice rules generally do not apply to the contractor, even if the truck carries a city logo or works under a city contract. The claim proceeds against the contractor and its commercial insurance under ordinary negligence law. Identifying who actually employed the driver and owned the vehicle is an important early step.
What should you do after a crash with a government vehicle?
Get medical care. Get the name of the employee, the department, and the vehicle number. Photograph the vehicle, the scene, and your injuries. Ask for the crash report, which will often be prepared by a different agency or a supervisor. Do not give recorded statements before getting advice. Most importantly, talk to a lawyer quickly so the correct notice is sent to the correct entity on time.
Common questions
What clients ask about government vehicle crashes.
Can I sue the city if a garbage truck hit my car?
Yes, under the Texas Tort Claims Act, subject to damages caps and the city’s notice requirements.
Can I sue if a police car hit me?
Yes, but if the officer was responding to an emergency, section 101.055 generally requires showing that the officer broke the laws that govern emergency driving or acted with conscious indifference or reckless disregard for the safety of others, not just ordinary negligence.
What if a school bus hit my car?
School districts are generally liable only for motor vehicle injuries, and their caps are $100,000 per person and $300,000 per occurrence.
Is a METRO bus crash a government claim?
METRO is a public transit authority, so claims against it are generally governed by the Texas Tort Claims Act, with caps and notice rules.
How long do I have to file a claim against a city in Texas?
Formal notice is generally due within six months, and some city charters, including Houston's, require it sooner. The lawsuit is generally due within two years.