If you get into a car accident in Austin, you may assume that you can hold the individual driver who caused the crash responsible for paying for your losses. In certain situations, however, you may also be able to hold a larger entity accountable – including a government entity in Austin, Texas.
Government Liability Laws in Texas
A legal doctrine known as sovereign immunity applies to all personal injury cases involving the government in the United States. This law protects state and federal government agencies from absorbing liability (financial responsibility) in many personal injury cases. However, the State of Texas passed a Tort Claims Act granting exceptions to this rule.
The Act allows an injured individual to sue the government if the entity is guilty of a tort in connection with the injury. A tort refers to a civil wrongdoing, such as a government employee behaving negligently, carelessly or recklessly. If a tort is committed within the scope of an individual’s employment with a government agency, the agency can often be held vicariously liable.
Common Types of Car Accidents That Invoke Government Liability
Under state law, it is possible to sue the government for a car accident in Austin if it or one of its employees contributed to the crash. There are several circumstances where sovereign immunity can be waived and the state or local government can be sued.
This includes motor vehicle collisions involving:
- Public transit or city buses, such as the CapMetro
- Public school buses
- On-duty government agents or employees
- Government-owned vehicles
- Police patrol cars, ambulances and fire enginesÂ
- Dangerous conditions or defects on public roads, such as potholes
- Poor road or highway maintenance
The government can be found liable for a car accident in Austin if the agency or an on-duty employee is at fault for the crash. However, the injured victim is responsible for using evidence to prove government liability and recover financial compensation.
How to Hold the Government Liable for a Car Accident in Austin
If you wish to hold a government agency responsible for your Austin car accident, you must learn how to gather evidence and effectively prove fault. You will also need to correctly navigate Texas’s related laws of sovereign immunity.
The Tort Claims Act allows municipalities in Texas to create their own statutes of limitations, or deadlines, for claims against the government. In Austin, there is a 45-day time limit from the date of the car accident to submit a written notice of claim with the appropriate government entity. Act quickly to file within your window.
Once you file your notice, you will await the government agency’s response. If it accepts liability and offers a settlement, you or your car accident attorney can enter into negotiations to seek a fair value before settling. If it rejects your claim, you have the option of filing a lawsuit and taking the entity to court in Austin.
Proving Government Liability for Your Austin Car Accident
As the victim of a car accident involving government liability in Austin, it will be up to you or your attorney to prove liability. This requires convincing evidence to meet your burden of proof, which is that the defendant is more likely to be responsible for your automobile accident than not.
You can start building your claim by gathering evidence. This can include a copy of the police accident report, your medical records, eyewitness statements and crash scene photographs. Then, contact a local car accident attorney to continue the claims process on your behalf.
A lawyer can help you understand the value of your claim and take legal action against a powerful state, municipal or federal government agency in pursuit of justice.
