Texas auto accident claimants must be familiar with the special rules and notice provisions which apply to governmental units if their car wreck was caused or contributed to by an auto owned by the such a unit. Most people in Texas have the general understanding that if someone causes a car wreck the innocent driver has two years in which to bring a claim. While this is generally true there are exceptions and the effect of the exceptions can be brutal. Many times I have been contacted by new clients who spent the first year after their accident trying in vain to handle their own auto accident claim. This is fine in many cases. However, in a case involving an at-fault driver who was acting in the course and scope of their employment by a municipality it may be too late.
Texas Civil Practices and Remedies Code Section 101.101 provides that a governmental unit is entitled to receive certain specified notice within six months of the occurrence. So if a claimant reads Section 101 and gives notice within six months have they preserved their claim? The answer is, “Maybe.” Section 101 specifically ratifies city charter and notice provisions and the claimant must look to the provisions of the governmental unit which employed the at-fault driver. These provisions are usually buried somewhere in the unit’s charter or ordinances. Some units have much shorter notice periods and shorter notice periods have been specifically approved by the caselaw.
Claimants or injury lawyers making a claim against a governmental unit should be aware of the specific notice provisions of that unit or the case may literally be over before they know it.
For more information contact a Tyler Auto Accident Attorney today.