If you were in an accident with government employee then you will have to speak to an attorney to determine if the law will allow you to file a tort claim against the government agency (unit).
In many instances, you canâ€™t pursue a personal injury case against the government because of sovereign immunity laws. However, in certain situations, the government waives that immunity and allows you to file a suit to attempt recovery.
Texas Sovereign Immunity Laws
Texas legislatures created immunity laws that shield itself from liability for tort claims made by injured members of the public. The specifics are in the Texas Tort Claims Act in Vernonâ€™s Texas Codes Annotated, Civil Practices & Remedies Code, Â§ 101.001 et seq.
The Texas Bar Association explains that â€śthe doctrine of governmental immunity prohibits suits against a governmental entity unless there has been a clear and unambiguous constitutional or statutory waiver of that immunity.â€ť
The law essentially says is that you canâ€™t sue the government or unless they give you permission. Governmental immunity means that when people are hurt on government property or by as a result of a government workerâ€™s actions, they are usually without the legal remedy to recover their damages.
Exceptions to the Rule: When Youâ€™re Allowed to Sue
Fortunately, Texas provides a couple of exceptions to the rule, albeit very limited waivers. According to the Texas Tort Claims Act, you can pursue a claim against a government employee if s/he caused property damage, personal injury or death while in the capacity of her or her job and both of the following two situations apply to your case.
- The property damage, personal injury or death arises from the operation or use of a motor driven vehicle or motor driven equipment
- The employee would be personally liable to the claimant according to Texas law.Â
Learn about how to prove negligence in a car accident case.Â
Can you hold Texas liable for your damages after an accident?
If you were involved in a motor vehicle accidents caused by a government employee, you might be able to hold the government unit liable for you damage, under the first waiver listed above.
To determine eligible to receive compensation for damages and for help getting the maximum benefit youâ€™re likely for, The Law Office of Julie Johnson for a free consultation today: 214-290-8001. Each case is different and we hope to speak to you soon about how we can potentially help your individual case, so fill out this contact form.