Government entities have a legal duty to keep Texas roads safe. If you get hurt in a car accident due to a road defect, like a pothole or missing warning sign, you may have the right to file a claim against the government agency responsible for maintaining the road.
However, Texas tort claims involving road defects are subject to strict rules that provide exceptions to sovereign immunity for the government. Following the rules can make or break your tort claim.
What Qualifies as a Road Defect Under Texas Law
The Texas Tort Claims Act categorizes road defects in two ways: premise defects and special defects.
Premise defects include general road-surface problems such as potholes or uneven pavement. Special defects include defects stemming from excavations, roadway obstructions, and other hazards that a driver couldn’t reasonably anticipate.
The distinction between the two types of defects is relevant because the government has a greater duty of care to warn the public when special defects exist. Either way, a government entity responsible for maintaining a defective road could face liability if its negligence causes injury to a road user.
Notice Requirements and Deadlines
Claims against governmental units involve several strict requirements and deadlines that do not apply to most other injury claims.
Under the Texas Tort Claims Act, you must deliver written notice of your intent to file a claim within six months of the incident. In your notice, you must describe your injury, the time and location of the incident, and what happened. If you miss the notice deadline, you could lose your right to pursue a claim entirely.
Some cities have additional charter requirements that shorten the window even further, so swift action is necessary.
Steps to File a Texas Tort Claims Act Claim
You and your attorney must take several key steps to file a tort claim for road damage-related injuries:
- Identify the responsible government entity. Determine whether a city, county, or state agency maintains the road where the accident occurred, since each has different rules under the Act.
- Document everything. Gather photos of the defect, medical records, witness contact information, and any prior complaints or repair records related to the hazard.
- Submit formal notice. Send written notice to the appropriate governmental unit within the six-month window.
- File suit in the appropriate court. Lawsuits under the Texas Tort Claims Act must be filed in state court in the county where the incident occurred.
Common Challenges and How to Overcome Them
Two defenses frequently arise in claims against governmental agencies.
First, there is the discretionary function exception. The exception allows governmental entities to avoid liability if they can show that the decision not to repair or warn was a matter of policy judgment rather than negligence.
Second, the traffic and road control device exception can bar claims related to missing or malfunctioning signs unless the government received notice and failed to fix the problem within a reasonable time.
An attorney familiar with the defenses can prepare a case that anticipates them and pushes back with relevant evidence.
Why You Need an Experienced Attorney
Texas tort claims against government entities are among the most procedurally demanding cases in personal injury law. At Fibich, Leebron, Copeland & Briggs, we have spent decades fighting for people injured by government negligence. We have recovered over $1 billion for our personal injury clients to date. We offer free consultations and do not charge any fees unless we win your case.
Contact us today for a free consultation to learn more about how our attorneys can help with your recovery.
