Vehicles owned by government units are not immune to collisions. Under Texas law, however, government units enjoy substantial protection from liability for harm that arises out of such collisions. While government units are not entirely immune to liability, an injured party must comply with the notice requirements established by the Texas Civil Practice and Remedies Code, and if they do not, they may waive the right to recover damages. A recent ruling issued in Oswalt v. Hale County, No. 07-21-00050-CV, a car arising out of a collision with a county-owned vehicle, highlighted the dangers of failing to provide proper notice. If you were injured in an accident with a vehicle owned by a government entity, it is smart to speak to a trusted Texas car accident lawyer as soon as possible.
Facts of the Case
It is alleged that the plaintiff was driving a truck with a trailer attached on an access road to an interstate. A sheriff working for the defendant county drove his vehicle up to a stop sign at an intersection and then proceeded onto the access road, striking the plaintiff’s trailer. The plaintiff did not indicate that he was injured at the scene of the accident, but the trailer was damaged.
Reportedly, the plaintiff subsequently filed an action against the county seeking compensation for personal injury and property damage. The defendant filed a plea to the jurisdiction on the grounds that the plaintiff did not provide it with timely formal notice as required under the Texas Tort Claims Act (TTCA). The court granted the plea as to the personal injury claims but not as to the property damage claims. The parties both appealed. Continue Reading