Can You Sue the State of Texas for a Car Accident?
Studies show that the majority of car accidents are caused by driver error. Whether the driver was texting and driving, speeding, or took a turn too fast, negligent driving can lead to serious wrecks. Typically, the at-fault driver’s insurance company is responsible for covering the costs of a car accident. If someone was working when they caused the accident, the driver’s employer is typically liable for accident costs. However, what happens when a government employee causes an injurious crash? Does the government have to pay the victim damages?
Personal Injury Claims Against the State Government
Most personal injury claims are brought against private individuals or companies. Personal injury claims brought against the government differ significantly from claims against non-government entities. Before the 1970s, it was nearly impossible to successfully sue the state government for personal injuries. Fortunately, Texas passed the Texas Tort Claims Act in 1969. This legislation enabled individuals to sue the government and seek monetary damages for injuries under certain circumstances.
You may be entitled to financial compensation through a personal injury claim against the state government if:
You were injured in a wreck caused by a government employee who was driving for work purposes.
You sustained injuries and/or property damage because of the government employee.
The government employee would have been privately liable for damages if he or she was not a government agent.
If your loved one was killed in a fatal wreck caused by a government worker, you may be able to bring a claim on your loved one’s behalf.
Statute of Limitations for Claims Against the Government
Suing the state is very complicated. To make the process even more complex, the time limits for claims against the government are different from the time limits for claims against private entities. If you want to sue the state of Texas for personal injuries suffered in a car crash, you must file a notice within six months of the wreck.
Damages in personal injury claims vary from case to case. You may be entitled to compensation for past and future medical bills, funeral and burial expenses, lost wages from missed work, pain and suffering, and more. However, you must file your claim or notice of the claim within the statute of limitations to be eligible for monetary compensation. This is one reason it is important to reach out to a personal injury attorney as soon as possible.
Contact a New Braunfels Injury Lawyer
If you or a loved one were hurt in a car wreck caused by a government worker, contact The Bettersworth Law Firm to discuss your legal options. Call experienced New Braunfels personal injury attorney James Bettersworth to get the legal guidance you need at 830-443-9193. Set up your free consultation today.
Source:
https://statutes.capitol.texas.gov/docs/cp/htm/cp.101.htm
