When you sustain injuries in a car accident, the law is simple: you can seek compensation against the party responsible by filing a personal injury claim or lawsuit. If your claim is valid and you prove negligence, you can receive compensation for all of your losses. However, when filing a claim against a government entity or its employee, things are different.
Different rules apply and you must follow them closely to stand a chance of securing compensation. This blog delves into all you need to know about filing a car accident claim against a government entity including, how car accident claims against the government differ, the filing deadline, and the process involved.
If you or a loved one sustained injuries in a car accident involving a government entity or its employee, our car accident lawyer at Terry Bryant Accident & Injury Law can help. Call us now at (713) 973-8888 to receive a free and confidential consultation in which we’ll discuss your legal options.
Why Choose Our Car Accident Attorneys at Terry Bryant Accident & Injury Law?
At Terry Bryant Accident & Injury Law, we have spent over three decades fighting for and defending the rights of car accident victims. We know how challenging it can be to file a successful claim against government entities. However, we have successfully fought these cases and have the track record to back it up.
Our lawyers are experienced, skilled, and well-versed in the laws that govern cases against government entities. We also have a thorough understanding of the Texas legal system. Therefore, you can count on us to represent your interests adequately and secure a favorable outcome to your case. We are not afraid to go up against a government entity to fight for your rights as an injured car accident victim.
Do not hesitate to contact us if you want to seek compensation for injuries and losses suffered because of a government entity or its employee’s negligence. We will not back down and will confidently stand by you throughout your case.
Whichever government entity your claim is against, we will dedicate time and resources to securing the best possible outcome for your case.
How Are Car Accident Claims Against the Government Different?
When you decide to seek compensation in a car accident with a government vehicle, you’ll first notice that the rules are different and the process is more complex. Unlike typical car accident claims where you deal directly with the at-fault party and their insurance company, cases against the government have a different approach.
The following factors make them different:
Sovereign Immunity
Most government entities enjoy sovereign immunity, meaning they cannot be sued. However, like other U.S. states, Texas has enacted statutes that waive this immunity under certain circumstances. An example is when a government employee negligently causes a car accident.
Strict Notice Requirements and Deadlines
Unlike private car accident claims, where you only have to adhere to the statute of limitations, the government accident claims process requires a “notice of claim.” The notice must be filed within a short period, usually six months from the accident date, and in some cases it can be 90 days, depending on the local government involved. The notice must contain specific information, like the time, circumstances, and place of the accident and the damages you seek.
Complex Liability Issues
The government will be held liable only if the employee who caused the car accident acted within the scope of their employment when the accident occurred. While this sounds simple, it is usually complex, as you have to determine the “scope of responsibility.” Also, if the government entity claims you were partly at fault for the accident, the case can be further complicated.
What Is Considered a Government Vehicle?
Government vehicles in Texas are owned, leased, or operated by a government entity. They include the following:
- State government-owned vehicles like trucks, cars, and other vehicles
- Vehicles owned by the county government and its departments
- Vehicles like buses and trucks that are owned by cities, towns, or municipalities
- School district vehicles like buses and vans
- Emergency vehicles like ambulances, fire trucks, and police cars
- Federal government-owned vehicles like U.S. Postal Service vehicles, military tanks, military convoy vehicles, and federal agency fleet vehicles.
Our Texas car accident lawyers can help determine whether you can pursue a claim against a government entity and commence the process before time runs out.
How Do You File a Car Accident Claim Against a Government Entity?
In Texas, the law regulating claims brought against government entities and their employees is the Texas Tort Claims Act, found in Texas Civil Practice & Remedies Code Title 5, Chapter 101. This law waives immunity for any government agency or organization at the state or local level, including:
- “All departments, bureaus, boards, commissions, offices, agencies, councils, and courts” of the state and
- “Political subdivisions” of the state, including cities, counties, school districts, and more.
Car accident claims are one of the incidents covered by the Texas Tort Claims Act, and the law also sets out the guidelines for filing a claim.
The Notice of Claim
You must file a “notice of claim” with the government unit responsible for your accident injury. Under Texas Civil Practice & Remedies Code section 101.101, this notice must “reasonably describe” the following:
- The damage or injury you’re claiming
- The time and place of the incident
- The incident itself, including the nature and extent of the damages caused
Claims against the government at the state level can be filed with the Attorney General, while those against local governments are filed directly with the municipality. When filing against city charters, note that they might require you to provide more information than what is listed above. You can also find instructions online from various municipalities on how to file a claim.
What Happens After You File the Notice of Claim?
After filing the notice of claim, the government agency will investigate the accident to determine whether its employee was negligent. Once the investigation concludes, the entity can either pay you through a settlement or deny the claim. If your claim gets rejected, you can file a personal injury lawsuit. During the trial, you will establish how the government employee’s negligence led to the accident and the extent of the injuries sustained.
How Much Can You Claim After a Car Accident With a Government Entity?
There is a limit to how much you can receive when you file a claim against a government entity. Texas law places a “cap” on government entities’ liability for damages. Below is how much you can claim after a car accident with a government entity.
Claims against the state or any of its agencies or branches are limited to no more than:
- $250,000 per claimant and $500,000 overall per incident
- $100,000 per incident for damage to property.
Claims against a “unit of local government” are limited to:
- $100,000 per claimant and $300,000 overall per incident
- $100,000 per incident for damage to property.
Claims against a “municipality” are capped at:
- $250,000 per person and $500,000 overall per incident
- $100,000 per incident for damage to property.
Our lawyers will help you commence the government accident claim process against the proper agency and will fight to get you maximum settlement within the caps on government entities’ liability for damages.
Can I Pursue a Claim Against a Government Employee Who Used a Personal Vehicle or Was Not Working at the Time of the Accident?
Yes. While you cannot file a claim against the government entity they work for, you can bring an insurance claim or personal injury lawsuit against the employee. In such an instance, the employee will compensate you using their auto liability insurance policy, and you can recover economic and non-economic damages. Also, you may have longer to file your claim, as the Texas statute of limitations could give you two years to take action. (*Always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.)
What Is the Federal Torts Claim Act, and Does It Apply to Car Accident Claims Against the Government in Texas?
Like the Texas Torts Claims Act, the Federal Torts Claim Act (FTCA) allows private individuals to file a claim or lawsuit against the United States government for certain wrongful acts, including those caused by employee negligence, like a car accident. The FTCA does not apply to claims against the state and local governments in Texas. The FTCA will apply only if an employee working for a federal agency causes an accident, and the employee must have been working within the scope of their employment when the accident happened.
The FTCA Claims Process
You must file an administrative claim with the federal agency responsible for the employee in the accident, and you typically have two years to file it. The agency has six months to respond. The claim must include details of the accident, the damages sought, and evidence supporting your claim. If the agency accepts the claim, they will offer you a settlement. If they don’t, they will deny it and you can file a lawsuit in federal court to seek compensation.
Do You Have a Claim Against the Government? We Can Help!
If you believe a government employee is responsible for your car accident injuries, our Terry Bryant Accident & Injury Law attorneys can help you seek compensation. We will carefully examine your case and guide you with next steps. Contact us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free case evaluation.
Attorney Terry Bryant
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]
