A crash with a city bus, a police cruiser or a state-owned truck can feel like any other wreck on a Texas road. The process that follows, though, often looks noticeably different from a collision between two private drivers. Understanding how the state addresses this situation can help you know what your options are going forward.
What does sovereign immunity mean?
Sovereign immunity is a legal doctrine rooted in English common law. It prevents citizens from suing the government without its consent. In Texas, this protection extends to state agencies, municipalities, counties and school districts.
Although related, sovereign and governmental immunity are distinct doctrines. Both limit lawsuits against public entities, but each applies to different levels of government and is subject to defined statutory waivers or specific common-law exceptions.
When does the law waive immunity for crashes?
The primary route for a vehicle case runs through the Texas Tort Claims Act. Under this law, a government entity can face liability for property damage, personal injury or death arising from an employee’s use of a motor-driven vehicle. The employee must have been acting within the scope of their job at the time, and they must be someone who would have been liable under state law as a private citizen.
Which limits apply to a government case?
Even when the waiver applies and you can pursue compensation, the state limits what you can recover. Claims against the state and municipalities are capped at $250,000 per person and $500,000 per occurrence. Other governmental units face lower caps of $100,000 per person and $300,000 per occurrence.
Punitive or exemplary damages are not available in any claim filed under the tort claims law. The waiver also does not cover intentional torts like assault or battery, which remain outside the scope of the statute.
Other categories of government conduct fall outside the waiver as well. If a government employee was responding to an emergency call at the time of the accident, the entity is generally not liable unless the employee acted with conscious indifference or reckless disregard for public safety.
How do you file a claim?
Before pursuing a lawsuit against a government entity, you must file a formal written notice of your claim. The state requires this notice within six months of the incident. While counties are bound by the state deadline, cities may set even shorter deadlines—sometimes as short as 45 or even 30 days—depending on local charter provisions.
The notice must include the date, location and circumstances of the accident along with a description of your injuries and damages. Missing the deadline or leaving out required details can result in losing the right to file the claim.
Texas law also includes an election-of-remedies rule that affects how you proceed. Filing against the individual government employee may bar you from later pursuing the entity itself.