How to Sue Government Agencies in Texas After a Truck Accident
Garbage trucks, fire trucks, and other government vehicles can often cause an accident. These trucks are very large and being involved in a crash with one can result in some of the most serious injuries. Just like after any other type of accident, you can file a lawsuit against the liable party, even if that is the government. However, the process is much more complex and there is much more to know. Below, our San Antonio company vehicle accident lawyer explains more.
The Texas Tort Claims Act and Sovereign Immunity
Sovereign immunity is a doctrine that has roots in the earliest days of American law. At the time, the law was tied to the legal system in England. Essentially, sovereign immunity stated that the ruler of the land could not be sued for their actions. This made it very difficult for victims hurt by a government agency to recover the losses they sustained.
In 1969, state legislators passed the Texas Tort Claims Act. The Act modified the sovereign immunity rules and offered those injured by a government agency to take legal action against the Texas government. Still, it is more difficult to hold a government agency responsible for your losses than a citizen or private employer. The Act only allows lawsuits against the government when a government vehicle causes an accident or when an accident occurs on land owned by the government.
Requirements Under the Texas Tort Claims Act
There are only four instances in which the state government can be held liable for an accident. These include when:
- The negligent party was acting within their scope of employment with the government when the accident happened,
- The injuries, death, or property damage occurred while the negligent party was operating a motor vehicle,
- The negligent party would be liable for the accident if they had not been working for the government at the time, or
- The accident happened on government property and the negligent party would be liable for the same accident under state law.
Statute of Limitations in Government Claims
One of the biggest differences between filing a claim against a government agency or a non-government entity is the statute of limitations, or time limit. If you are filing a claim against the state government, you only have six months to provide notice to the agency that you plan on taking legal action. When filing a claim against a local municipality, such as the City of San Antonio, the timeline is often much shorter. For example, in San Antonio you have just 90 days to provide the municipal government with notice that you intend to file a claim.
Call Our Company Vehicle Accident Lawyer in San Antonio for Help with Your Claim
Although you do have the right to file a claim against a government entity that caused your injuries, the process is extremely complex. At the Law Office of Israel Garcia, our San Antonio company vehicle accident lawyer can guide you through it so you obtain the full and fair damages you deserve. Call us now at 210-LAW-9999 or contact us online to schedule a free consultation.
Source:
statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm
