Hit by a City or County Vehicle in Houston? The Notice Deadline Comes First

Most people injured in a Houston car accident think about the two-year deadline to file a lawsuit. When the other vehicle belongs to a government, there is often an earlier deadline that matters more: the deadline to give the government written notice of the claim. Miss it, and the claim can fail before it starts.

Can you sue the government after a crash with a city or county vehicle?

Often, yes. The Texas Tort Claims Act waives governmental immunity for injuries caused by a government employee’s negligent use of a motor vehicle, within limits. That covers many everyday crashes: a city truck that runs a red light, a county vehicle that changes lanes into you, a school bus, or a METRO bus. The claim is against the governmental unit that employs the driver, and it follows the Act’s special rules on notice and damages.

How soon do you have to notify the government?

Under the Act, generally within six months of the crash — and sooner if a city’s charter or ordinance sets a shorter period. Section 101.101 of the Texas Civil Practice and Remedies Code requires notice that reasonably describes the injury or damage, the time and place of the incident, and what happened. It also lets cities keep their own notice provisions, and the City of Houston’s charter has its own written-notice requirement. Because the shortest applicable deadline controls, the safe approach is to treat notice as urgent and confirm the exact deadline for the specific agency right away.

There is a narrow exception when the government already had actual knowledge of the injury and its own possible fault, but relying on it is risky. A timely written notice removes the question.

Are there limits on what you can recover?

Yes. Section 101.023 caps damages against governmental units, and the caps for cities and other local governments are lower than the caps for the State. The Act also excludes punitive damages. Those caps make it important to identify every other source of recovery, including your own PIP and uninsured/underinsured motorist coverage and any private party that shares responsibility for the crash.

What if a police car, fire truck or ambulance hit you?

The claim may still be possible, but it is harder. When an emergency vehicle is responding to an emergency call and following the laws that apply to that situation, the Act generally protects the government unless the driver acted with conscious indifference or reckless disregard for others’ safety. Whether the vehicle was actually responding to an emergency, and how it was driven, becomes a central question. Video, dispatch records and witness accounts matter.

What about federal vehicles, like a mail truck?

A crash with a federal employee on the job is governed by federal law, not the Texas Tort Claims Act. The Federal Tort Claims Act requires a written administrative claim to the federal agency before any lawsuit, with its own deadlines and forms. It is a separate process, and it should be started early too.

What should you do first?

Write down which agency owned the vehicle, get the crash report number, keep your medical records, and speak with a lawyer quickly so notice goes out on time. Photograph the vehicle’s markings and unit number if you can do so safely. For the rest of the claim, including how fault and insurance work in Texas, see our Houston car accident lawyer page and our guide to who pays after a Houston car accident.