Getting hit by a government vehicle adds a layer of complexity that most people don’t see coming. Whether it’s a city bus, a police cruiser, or a county utility truck, the process for filing a claim is nothing like the standard insurance route. In Texas, it’s a different system—faster deadlines, stricter rules, and fewer second chances.
Here’s how the process works, what makes these cases so different, and what you need to do if a city, county, or state employee causes a car accident.
Why Government Vehicle Crashes Are Treated Differently
Texas has rules in place that shield government agencies from lawsuits in most situations. That legal protection is called sovereign immunity. But under certain circumstances—like when a public employee causes a crash while performing their job—Texas law does allow a claim.
That permission comes from the Texas Tort Claims Act (TTCA). Without it, you wouldn’t be able to sue at all.
Who’s Covered Under the TTCA?
Not every government worker is automatically protected by the TTCA. The law applies to:
- State employees
- City and county workers
- Public school staff
- Police officers and emergency responders
- Operators of government-owned vehicles
It does not apply to federal employees like U.S. Postal Service drivers. Claims against federal employees follow a different process entirely under the Federal Tort Claims Act (FTCA).
Timeline Pressure: 180 Days
In a typical car accident case, you have two years to file a claim in Texas. That’s not the case here.
If your claim involves a Texas state agency, city government, or county department, you usually have just 180 days from the date of the crash to provide written notice of your claim.
What That Notice Needs to Include:
- The exact location of the crash
- The time and date it happened
- A basic summary of what occurred
- A statement about your injuries or property damage
Some cities (like Houston and Dallas) impose even shorter deadlines—as little as 90 days—so the safest option is to act immediately.
What If the Driver Was Off Duty?
The TTCA only applies if the driver was:
- An employee of a covered agency
- Acting within the scope of their job at the time of the crash
If a city worker hits you on their personal time or in their own car, you’re probably dealing with a standard personal injury case—not a government claim.
But if that same employee was behind the wheel of a city-issued vehicle during work hours, the case likely falls under the TTCA.
Limits on Compensation
Even when fault is clear, Texas law sets strict limits on how much money a government agency can be forced to pay. The limits listed above come from the Texas Tort Claims Act, and they apply regardless of how severe the injuries are.
| Type of Damage | Maximum Amount |
| Bodily injury (per person) | $250,000 |
| Bodily injury (total per incident) | $500,000 |
| Property damage | $100,000 |
That means if several people are injured in the same crash, the total payout for all bodily injuries can’t exceed $500,000—split among everyone involved. And even for the person most severely hurt, the maximum recovery is capped at $250,000.
Private insurance claims don’t work that way. The limits set by Texas law still apply—even when the injuries change someone’s life permanently.
The Claims Process: Step by Step
Here’s how a typical TTCA claim unfolds once you notify the agency:
1. Investigation by the Government Entity
The agency or their internal risk management team reviews your notice and begins an internal investigation. Private insurance claims don’t work that way. The limits set by Texas law still apply—even when the injuries change someone’s life permanently.
2. Denial, Negotiation, or Settlement
Some claims are flatly denied. Others go into settlement discussions. If they admit liability, the negotiation process looks similar to a regular claim, but it’s handled directly by the agency—not a private insurer.
3. Filing a Lawsuit (if necessary)
If negotiations stall or your claim is denied outright, you can file a lawsuit—but only if you met all notice requirements. Miss those deadlines, and the courts won’t hear your case at all.
Why Evidence Carries More Weight in Claims Against Public Agencies
Even though you’re dealing with a government agency instead of an insurance company, the core of the case remains the same: you have to prove fault and damages.
Important evidence includes:
- Crash scene photos
- Video footage (dash cams, traffic cams, business security cameras)
- Eyewitness statements
- Police reports
- Vehicle maintenance records from the government agency
- Medical records showing injury severity and causation
Don’t expect the agency to volunteer helpful evidence. You’ll likely need to request it formally—or push for it in court if the case progresses that far.
What Government Entities Typically Argue to Avoid Paying
Agencies rarely pay without a fight. They use several built-in defenses under Texas law to deny responsibility or minimize payouts.
The Driver Wasn’t on the Job
If the driver was using the government vehicle for personal reasons or wasn’t acting within the scope of their job, the agency may claim they’re not responsible. That argument can shut down a claim entirely unless you have clear proof of job-related use.
Your Injuries Weren’t Caused by the Crash
Agencies will look for any chance to argue your injuries came from something else. Delayed treatment, gaps in care, or prior medical conditions are all used to weaken the link between the crash and your symptoms.
You Missed the Notice Deadline
Texas law requires strict, written notice within a limited time window. If your notice is late—or doesn’t include everything it should—the agency may push to have your case thrown out before it even reaches court.
They Blame You for the Crash
If you’re found more than 50% at fault under Texas’s comparative fault rule, you can’t recover anything. Government agencies look for any chance to shift blame back onto you, arguing that your actions played the bigger role in causing the crash.
Real-World Examples
To put this in perspective, here are a few sample scenarios where government liability might apply:
- A city garbage truck backs into your parked car while collecting trash in a residential neighborhood.
- A state trooper rear-ends you at a red light while distracted by their onboard computer.
- A school district employee hits a pedestrian while driving a district-issued van between campuses.
Each of these would trigger different agency processes—but all fall under the TTCA umbrella.
What You Should Do If You’re Hit
If a government-operated vehicle hits you in Texas, time is your biggest risk. Here’s what to do immediately:
1. Call 911 and Request a Police Report
Get an officer on the scene so the crash is officially documented. Make sure the report lists the driver’s employer and confirms that the vehicle belongs to a city, county, or state agency. That detail will be key when it’s time to file a claim under the Texas Tort Claims Act.
2. Take Photos and Gather Witness Information
Photograph everything: vehicle positions, damage, road signs, and any markings that show the vehicle is owned by a government entity. If anyone saw what happened, ask for their name and contact information. Independent witness statements can carry more weight when liability is being questioned.
3. Get Medical Attention Immediately
Even if injuries seem minor, go to a doctor the same day. Waiting even a few days can give the agency an excuse to argue that something else caused your symptoms. You’ll need clear, timely records linking the crash to your injuries to move your claim forward.
4. Find Out Which Agency Owns the Vehicle
Look for identifying information on the vehicle—like department logos, license plate numbers, or fleet markings—and ask the officer at the scene which agency employs the driver. You’ll need to know exactly which city, county, or state office is responsible, because that detail decides where your formal notice has to go. Each agency handles claims separately, and sending it to the wrong one could delay or derail your case.
5. Send Your Written Notice Immediately
Texas law requires you to send a written notice of your claim within a strict deadline—sometimes as little as 90 days, depending on the agency. Include the date and location of the crash, a basic description of what happened, and a summary of your injuries or property damage. Use certified mail so you have proof of delivery, and keep a copy of everything you send. If the deadline passes and you haven’t submitted that notice, the agency can block your claim before it even starts
Final Thoughts: Why These Cases Demand Quick Action and Careful Handling
Crashes involving government vehicles aren’t rare—but they don’t follow the same rules as regular injury claims. The deadlines are shorter, the compensation is capped, and the burden of getting it right falls on the person who’s already dealing with pain, paperwork, and disruption.
That’s why it’s not just about collecting evidence or proving fault. It’s about meeting a legal threshold that has zero flexibility once it’s missed.
In Texas, 180 days isn’t a grace period—it’s a hard stop. And in some cities, it’s even less. If you’ve been hit, every step you take early on makes the difference between a claim that moves forward and one that’s dismissed before it starts.