Today’s roadways are crowded with vehicles, some of which do not belong to private people but to government entities. In a fault-based insurance state like Texas, a car accident victim must prove an at-fault driver’s liability in an accident to recover compensation. After an accident involving a government vehicle, pursuing compensation becomes more complex, with time limits and other requirements unique to claims against government entities. It’s important to understand the distinctive components of a car accident claim against a government-owned vehicle.
What About Sovereign Immunity In a Government Vehicle Accident?
Under the law of Sovereign Immunity, a government entity cannot be criminally prosecuted or held liable for wrongs committed during the course of their government business. Fortunately, there are important exceptions to immunity for car accidents in Texas as well as for premises liability and other personal injury claims.
Common government vehicles involved in Texas car accident claims include:
- City buses
- School buses
- Police vehicles
- Fire department vehicles
- Transportation Department vehicles
- Ambulances
- Inspector vehicles
- Garbage trucks
- Snow plows
Sovereign immunity does not apply to car accident claims in Texas as long as the claimant proves that the accident occurred while the driver of the vehicle was operating within the scope of their job duties.
Damages Caps In Texas Government Vehicle Car Accident Claims
The Texas Tort Claims Act allows injury victims to recover compensation in claims against the state for injury or wrongful death in car accidents; however, for accident claims against government entities, the state caps compensation at $250,000 per person, $500,000 per accident, and $100,000 for property damage.
Requirement for Notice in a Car Accident Claim Against a Government Entity
Filing a claim against a government agency requires submitting a notice of claim within six months of the accident date. This is a short time limit compared to the two-year statute of limitations for filing car accident claims against private citizens. The notice of claim must include specific information about the place, time, and date of the accident, the cause of the accident, and details about the injuries and property damage. Failing to file a notice of claim within the time limit results in the court lacking jurisdiction over the case.
After a car accident involving a government vehicle, it’s important to act quickly, Some Texas cities, counties, and municipalities allow less time than the usual six months for claims against government vehicles.
What Damages Can I Recover In an Accident Claim Against a Government Vehicle in Texas?
Accidents often result in expensive medical treatment for serious injuries and time away from work during recovery. This can quickly add up to financial hardship. A successful Austin car accident claim against a government agency can recover the following:
- Property damage costs to repair or replace a vehicle
- Medical expenses
- Past and future income loss
- Compensation for pain and suffering and other non-economic damages that might apply in your case such as loss of one of the senses, traumatic limb loss, disfigurement, or diminished quality of life
If a loved one dies from an accident with a government-owned vehicle, a close family member can recover compensation through an Austin wrongful death lawsuit against the government entity.
How Can a Texas Car Accident Attorney Help My Case?
Car accident claims require significant evidence of liability and proof of damages to make a compelling case for compensation. An accident claim against a government agency is even more meticulous to conduct, with special requirements necessary to obtain a successful outcome. Call Shaw Cowart LLP to navigate your claim with the best possible results.