A vehicle crash linked to a pothole, uneven pavement or missing guardrail can cause serious injuries and medical expenses. If the roadway is part of a city, county or state system, a government agency may be involved.
Texas law sets specific notice and filing requirements before any personal injury claim against that agency can proceed. These requirements include defined deadlines that can start immediately after the crash. Missing them may prevent your claim from continuing.
Notice rules that control claims against Texas agencies
When you file a personal injury claim involving a public road, Texas law may give you only a limited period to send written notice to the agency you believe is responsible. Your notice can include the date, place and details of the crash so the agency can review the circumstances. This notice may alert the office and may allow it to begin an investigation before any lawsuit proceeds.
Under the Texas Tort Claims Act, you generally have six months to send that notice, but local governments may shorten that period. For example, Austin may allow 45 days, while Houston and Dallas may give 90. If you miss that step, you might lose the opportunity to continue before a case even starts.
The agency may also already know about the injury and its possible role. Texas law refers to this as “actual notice.” It can sometimes take the place of a formal letter when the agency seems to have enough knowledge of the injury and its potential connection.
Time limits that restrict your right to recover damages
You may manage two separate time frames that can work together. One can control the notice, and the other may cover the lawsuit itself. Texas law generally sets a two-year limit for many injury claims, but the earlier notice period often moves faster. Even if you meet the filing deadline, missing the notice window could still bar recovery.
Your timeline may vary depending on who appears to manage the road and where the crash occurred. Cities, counties and the state may follow different requirements. Because of that, confirming which agency maintained the area can help you follow the correct rule and reduce delays.
Steps that preserve eligibility for a government road claim
You can prepare for a potential claim by collecting evidence and sending the required notice within the proper time frame. The following actions may help you stay within the limits set by law:
- Identify the agency that maintains the road using your crash report or a public directory
- Record photographs of the defect, vehicle damage and visible injuries soon after the crash
- Submit a written notice to the responsible office within the applicable deadline
Completing these steps promptly may support your claim if you later decide to pursue compensation.
Determining your options after a Texas road defect crash
If you believe a road defect played a role in your crash, consider what information you already have and what details still need documentation. Reviewing your notice window and confirming the agency involved may show whether your claim can still move forward. Taking time to organize records and understand these limits may help you plan what to do next under Texas law.