In Texas, car accident injury victims typically have a two-year window from the collision date to file claims against the responsible party. However, if the responsible party is a state political subdivision, the injured party must provide them notice of the claim well before the statute of limitations runs. Failure to comply with them can lead to the dismissal of your claims, even if filed within the statute of limitations. A recent ruling issued in City of Houston v. Bustamante (NO. 01-22-00699-CV) discussed what constitutes sufficient notice in such cases. If you were involved in a car accident, it is smart to consult a Texas car accident attorney promptly to protect your right to recover compensation.
Factual and Procedural Background
It is reported that in 2019, the plaintiffs were traveling eastbound on a street in Houston, Texas. The firefighters and paramedics employed by the defendant were traveling northbound on another street in response to a 911 call. As the defendant’s employees proceeded through the intersection of the two streets, they collided with the plaintiff’s vehicle. The plaintiff and her children were transported to a hospital for evaluation and treatment.
Allegedly, an officer from the Houston Police Department investigated the accident and charged the plaintiff with failure to yield to an emergency vehicle. In April 2021, the plaintiff sued the defendant for negligence, alleging that the defendant’s employees failed to yield the right of way and T-boned the plaintiff’s vehicle in the intersection. She claimed to have timely provided written notice of their claim and damages to the defendant. The defendant responded by asserting governmental and official immunity as defenses, arguing that the plaintiff failed to provide timely written notice of their claim as required by Texas law. Continue Reading