Government vehicle crashes

The basic idea

Governmental units in Texas are generally protected from suit unless the Legislature waives that protection. Civil Practice and Remedies Code Chapter 101, the Texas Tort Claims Act, is one such waiver. Section 101.021 says a governmental unit is liable for property damage, personal injury, and death proximately caused by the wrongful act, omission, or negligence of an employee acting within the scope of employment if the damage arises from the operation or use of a motor-driven vehicle or motor-driven equipment, and the employee would be personally liable to the claimant under Texas law.

Damage caps

Section 101.023 limits the amount of liability:

• State government: up to $250,000 for each person and $500,000 for each single occurrence for bodily injury or death, and $100,000 for each single occurrence for injury to or destruction of property.
• A unit of local government: up to $100,000 for each person and $300,000 for each single occurrence for bodily injury or death, and $100,000 for each single occurrence for property.
• A municipality: up to $250,000 for each person and $500,000 for each single occurrence for bodily injury or death, and $100,000 for each single occurrence for property.

The statute contains other limits, including on the kinds of damages available. Check the current text; amounts and categories can change.

Emergency responses

Section 101.055 says the chapter does not apply to a claim arising from the action of an employee while responding to an emergency call or reacting to an emergency situation if the action complies with the laws and ordinances applicable to emergency action, or, in the absence of such a law or ordinance, if the action is not taken with conscious indifference or reckless disregard for the safety of others. Crashes with police cars, fire apparatus, and ambulances during a response may fall here.

Notice: six months, or possibly less

Section 101.101 says a governmental unit is entitled to receive notice of a claim against it not later than six months after the day the incident giving rise to the claim occurred. The notice must reasonably describe:

1. the damage or injury claimed;
2. the time and place of the incident; and
3. the incident.

The section also ratifies and approves city charter and ordinance provisions requiring notice within a charter period permitted by law. That means a city’s notice period may be shorter than six months. Look up the charter or ordinance of the city involved, or ask the city’s claims office, as soon as you can. The section says the notice requirements do not apply if the governmental unit has actual notice that death occurred, that the claimant was injured, or that the claimant’s property was damaged, but relying on actual notice is risky.

Suing the employee versus the unit

Section 101.106 contains an election-of-remedies provision. In general terms, filing a suit under the chapter against a governmental unit affects claims against its employee about the same subject matter, and vice versa, and the section sets out how a suit against an employee may be dismissed in favor of the unit. This is technical; get legal advice before filing.

Contractors and private companies

Not every vehicle with a city logo is driven by a government employee. Some services are run by private contractors. A contractor is generally handled like any other private company, through its insurer. Note the company name on the vehicle and ask the driver who employs them.

What to write down

• The agency name, unit or vehicle number, and the employee’s name, if given.
• Whether lights and sirens were on.
• The responding agency and the officer’s name and badge number.
• Exact time and location, photos, and witness contacts.
• The date you sent written notice, how you sent it, and a copy of what you sent.

The officer’s crash report can be requested as described on crash reports. Your own coverages still matter. TDI notes that uninsured/underinsured motorist coverage pays when the other side lacks enough insurance; read your policy for how it treats government vehicles. TDI’s Consumer Help Line is 800-252-3439.