The Texas Tort Claims Act, Civil Practice and Remedies Code Chapter 101, allows injury claims against government units for crashes caused by an employee’s negligent use of a motor vehicle. It requires notice within six months, sooner under some city charters, and caps damages. Owsley Law Firm handles claims against cities, counties, and the state and charges no fee unless we win.
When a city truck, police car, METRO bus, or state vehicle causes a crash, the claim is against a government unit, and different rules apply. Texas waives immunity for motor vehicle crashes in specific circumstances, but it also sets short notice deadlines and limits on damages.
Missing the notice deadline is one of the most common ways these claims are lost. This page explains the waiver, the deadlines, the caps, and the rule about suing the employee instead of the government.
When can you sue the government for a car accident in Texas?
When injury or death is caused by a government employee’s negligence in operating or using a motor-driven vehicle within the scope of employment, if the employee would be personally liable under Texas law.
Section 101.021 is the waiver. It covers city vehicles, county vehicles, state vehicles, and many transit agencies. Some activities have their own limits, such as emergency responses, which are judged under a different standard in section 101.055.
What is the notice deadline for a Tort Claims Act claim?
Six months after the incident under section 101.101, unless a city charter or ordinance requires notice sooner.
The notice must reasonably describe the injury, the time and place, and the incident. The Houston and San Antonio city charters require notice within 90 days. Formal notice is not required if the government unit had actual notice of the injury, but relying on that is risky.
- Six months under section 101.101(a)
- City charters can require less, such as 90 days in Houston and San Antonio
- Describe the injury, the time and place, and the incident
- Lawsuit deadline is still two years under section 16.003
How much can you recover from a government entity?
The caps are $250,000 per person and $500,000 per occurrence for the state and for municipalities, and $100,000 per person and $300,000 per occurrence for other local units.
Property damage is capped at $100,000 per occurrence for each. Counties, school districts, and other local units fall under the lower cap in section 101.023(b), while cities fall under subsection (c).
Should you sue the employee or the government?
Usually the government unit. Section 101.106 makes the choice an election, and suing the wrong party can bar the claim.
Filing against the government unit bars suit against the individual employee on the same subject. Suing the employee can bar suit against the unit unless it consents. Suits against an employee for conduct within the scope of employment are treated as official-capacity suits.
What counts as a governmental unit?
The state and its agencies, and political subdivisions such as cities, counties, school districts, and many special districts and transit authorities.
The category affects which damages cap applies. Cities use the higher municipal cap under section 101.023(c), while counties and school districts use the lower local government cap under subsection (b). School districts are liable only for motor vehicle claims under section 101.051.
Private contractors working for a government entity are generally not protected by the Tort Claims Act and can be sued under ordinary negligence rules.
What should you do after a crash with a government vehicle?
Identify the agency, send written notice well before the deadline, and keep proof of delivery.
Write down the vehicle number and agency name. Request the crash report and any video. Then send notice to the correct office, keeping a copy and proof of when it was received.
How it is proven after a crash
- Vehicle number and agency name
- The crash report
- Written notice and proof of delivery
- Dashcam or body camera video
- Witness statements
Mistakes that cost people money
- Missing a 90-day city charter deadline
- Suing the employee instead of the government unit
- Assuming the agency will contact you
- Sending notice to the wrong office
Frequently asked questions
How long do I have to notify the city of Houston?
The Houston city charter requires notice within 90 days, shorter than the six months in section 101.101.
Can I sue METRO for a bus crash?
Claims against transit authorities are generally governed by the Tort Claims Act, so notice deadlines and caps apply.
What are the damages caps for a city vehicle crash?
$250,000 per person and $500,000 per occurrence for bodily injury or death, and $100,000 for property damage.
What if a police car hit me during an emergency?
Emergency responses are judged under section 101.055, which looks at compliance with emergency laws or conscious indifference or reckless disregard.
What is the lawsuit deadline?
Generally two years from the crash under section 16.003, after timely notice.
This page is general information about Texas law and is not legal or medical advice. Every case depends on its own facts. Contact the firm for a free review of yours.
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