When Can the Government Be Held Liable for a Texas Auto Accident?
In most cases, the government maintains immunity from legal action, a right known as Sovereign Immunity. This can prevent you from being able to sue or collect money from a governmental entity. However, there are some exceptions to this general rule, including some car crashes.
Learn more about the situations in which a government entity can be held liable for an auto accident from your Edinburg personal injury attorney.
Texas Tort Claims Act
Thanks to the the Texas Tort Claims Act, Title 5, under certain circumstances, the government can be held liable for car accidents, making them one of the few potential exceptions to Soverign Immunity.
Essentially, the state government can be held liable for harm caused by government workers while they’re doing their job, as well as any harm caused by the government’s failure to maintain public safety. However, it can be difficult to properly demonstrate this, which is why a car accident attorney is essential to validating your claim.
The Texas Tort Claims Act also has a cap for damages when it comes to auto accidents. In the case of injury, there’s a $250,000 cap per person or $500,000 limit for each incident. For property damage, the cap is $100,000.
Lastly, you have six months from the time of the incident to file a claim.
Auto Accidents Involving Government Workers
After some auto accident involving a state worker, the government can be held liable instead of the worker. This is outlined in the Texas Tort Claims Act, part of the Texas Civil Practice & Remedies Code Title 5, Chapter 101.
Two factors may determine whether or not the government can be held liable:
The state is only liable if the employee was acting within “the scope of their employment”
The employee would otherwise be held liable if they had been any other private individual committing the act
If your situation meets these two conditions, then the government may be held liable. For example, if a government worker is driving as part of their job, and causes an accident while on the clock, then the government may be held liable.
Government Negligence Leading to Auto Accidents
Another scenario in which the government can be held liable is when an auto accident is caused by a government agency’s negligence. One example could be if a local government fails to install adequate road signage or guardrails, leading to a car accident.
Another circumstance in which a governing body could potentially be held liable is if it fails to maintain road conditions. Road conditions that can cause car accidents could include:
Potholes
Erosion
Excessive debris in the road
Overall poor road design
Of course, proving that the government is at fault can be a lot harder than proving another driver is at fault. That’s why you should consider reaching out to an Edinburg personal injury attorney for help.
State vs. Local Government Auto Accident Claims
Depending on your claim, you may have to file against either the state or local government. Although the Texas Tort Claims Act allows you to file a claim against the state, local, or municipal government, there are some exceptions to the rule.
You’re not allowed to file a claim against the state for proprietary functions – otherwise known as non-mandatory functions. This could include entities such as park services. ON the other hand, mandatory functions could include police and fire protection, sanitation services, street and bridge construction, and similar municipal entities.
Your Edinburg Law Firm, The Law Office of Bobby Garcia, Can Help!
No one should have to experience a car accident. However, accidents do happen, which is why you deserve access to justice and compensation.
Consulting with an Edinburg law firm can make a big difference. AT the Law Office of Bobby Garcia, our team of qualified attorneys can help you understand your legal options if you’ve been involved in an accident with a governmental agency, and will determine if the Texas Tort Claims Act applies to your case.