Getting into an accident is one thing, but learning the other driver is a government employee. In Texas, these cases do not follow the standard rules of a typical auto collision.
While sovereign immunity generally protects the government, the Texas Tort Claims Act (TTCA) provides a pre-authorized waiver of this immunity for specific types of claims.
Your rights under the TTCA
Under the TTCA, you may sue government agencies for damages involving property damage, personal injury or death. It is important to note that this act applies if a government employee causes injury through negligence while acting within the scope of employment. However, this permission comes with strict procedural requirements.
Your duty to comply with the rules of TTCA
According to Section 101.101(a) of the TTCA, you have six months to provide a formal Notice of Claim against the governmental unit involved.
However, Section 101.101(b) allows cities to have their own shorter deadlines in their city charters. Many cities in Texas can have windows, ranging from 30 to 90 days. Because of this, you must take action immediately to avoid complications.
Protecting your right to compensation
The notice requirements in Texas for tort claims against the government are jurisdictional. If you are dealing with a potential claim against a Texas city, county or state agency, it is usually best to send a formal Notice of Claim letter via certified mail as soon as possible.
However, your current injured condition might prevent you from acting promptly. Seeking legal assistance from a personal injury attorney can help you handle the filings and negotiations. Additionally, they can help you identify which specific deadlines apply to your case.