San Antonio Government Vehicle Accident Attorneys: Collisions with City and County Vehicles

When a Government Vehicle Causes a Crash, You Face a Maze of Special Laws and Deadlines

The roads of San Antonio and Bexar County are shared not just with private citizens, but with a fleet of government-owned vehicles. From VIA Metropolitan Transit buses and San Antonio Police Department cruisers to city sanitation trucks, fire engines, and Bexar County maintenance vehicles, these public vehicles are a constant presence. While we trust their operators to drive with the highest care, negligence happens. When a collision with a city bus, county truck, or other government vehicle causes you serious injury, you quickly discover you are not dealing with a standard auto insurance claim. You are up against a government entity shielded by the legal doctrine of sovereign immunity and a web of complex procedures under the Texas Tort Claims Act (TTCA).

At Barton & Associates, Attorneys at Law, our Government Vehicle Accident practice is dedicated exclusively to representing victims injured in collisions with municipal, county, and state vehicles. We understand that these cases operate in a parallel legal universe with drastically shortened deadlines, unique liability challenges, and aggressive government defense attorneys whose primary goal is to protect the public treasury. Whether you were hit by a city bus running a red light, injured in a multi-car pileup caused by a speeding police car, or struck by a negligent county road crew driver, you need a legal team that doesn’t just handle car accidents—but one that has mastered the specific art of suing the government for motor vehicle negligence.

The aftermath of such a crash is overwhelming. While you focus on medical recovery, the city or county’s risk management division is already building its defense. They may claim their driver had official immunity, was on an emergency call, or that you were at fault. Our mission is to take on that burden immediately. We combine the robust accident investigation and reconstruction capabilities of our personal injury division with a pinpoint understanding of the TTCA’s motor-driven vehicle exception. We know how to properly investigate a government driver’s actions, secure critical evidence like dashcam and transit surveillance footage before it is erased, and navigate the perilously short deadlines that can extinguish your claim before it even begins. We fight to secure full compensation for your injuries while holding public entities to the same standard of accountability we demand from private citizens.

The Texas Tort Claims Act and Government Vehicle Crashes

Sovereign immunity generally prohibits lawsuits against the government. However, the TTCA provides a crucial, limited waiver of this immunity for certain motor vehicle accidents. Specifically, the state, cities, and counties can be held liable for:

“Property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if the damage or injury arises from the operation or use of a motor-driven vehicle… and the employee would be personally liable to the claimant under Texas law.”

This means we must prove:

1. The at-fault driver was a government employee (e.g., a city bus operator, a sheriff’s deputy, a public works driver).
2. The employee was acting within the scope of their employment at the time of the crash.
3. The employee was negligent and would be personally liable.
4. Your injuries were proximately caused by that negligence.

This framework seems straightforward, but government lawyers vigorously exploit its nuances to deny claims.

Critical Differences: Why Government Vehicle Claims Are Not Standard Wrecks

If you are injured by a government vehicle, the procedural and legal landscape shifts dramatically:

• The 6-Month Notice Deadline: Before you can even consider a lawsuit, the TTCA requires you to provide formal, written notice of your claim to the governing body of the city or county. For most entities, this notice must be delivered within six months of the crash. This is not the standard two-year statute of limitations for personal injury—it is a much shorter, absolute barrier. Missing this deadline forfeits your right to sue, permanently.
• Caps on Damages: Even if you win, your recovery may be limited by statutory caps on damages against governmental units, which apply to certain types of compensation.
• “Official Immunity” & Emergency Operation Defenses: Government drivers, especially police and fire personnel, may claim “official immunity” for discretionary actions performed in good faith within their authority. They will also argue that they were operating under emergency conditions, which changes the standard of care they owed to other drivers.
• Complex Insurance & Self-Insurance: Cities and counties are often self-insured up to very high limits. Dealing with their internal risk management divisions is a bureaucratic process vastly different from negotiating with a private insurance adjuster.

Types of Government Vehicle Accidents We Handle

1. Public Transit Bus Accidents (VIA Metropolitan Transit)

Collisions involving VIA buses are among the most severe due to their massive size and passenger capacity. We handle cases where bus driver negligence causes:

• Intersection Collisions: Running red lights or stop signs.
• Side-Swipes and Lane Change Crashes: Due to improper mirror use or blind spot neglect.
• Passenger Injuries: From sudden stops, starts, or turns.
• Pedestrian and Bicycle Accidents at bus stops or crosswalks.

Our Investigation: We immediately subpoena on-board surveillance video, driver logs, maintenance records, and VIA’s internal accident investigation report. We analyze GPS and electronic control module (ECM) data to reconstruct speed and braking.

2. Police & Sheriff Vehicle Collisions

These high-stakes cases often involve emergency responses. We pursue claims for:

• Pursuit-Related Crashes: When police engage in a high-speed chase that negligently endangers the public, causing injury to innocent third-party motorists.
• Non-Emergency Negligence: Crashes caused by patrol officers distracted by mobile data terminals, speeding without lights/sirens, or failing to yield right-of-way during routine travel.
• Intersection Collisions when officers proceed against lights or signs, even during emergencies, without due regard for safety.

Our Legal Strategy: We meticulously dissect law enforcement policies on vehicle pursuit and emergency response to determine if the officer violated protocol. We secure and analyze dashcam footage, dispatch recordings, and internal affairs reports.

3. City & County Fleet Vehicle Accidents

This encompasses a wide range of vehicles operated by public employees:

• Sanitation & Utility Trucks: Garbage trucks causing sideswipes, rear-ends, or failing to secure loads.
• Public Works Vehicles: Street sweepers, water department trucks, and landscaping vehicles causing crashes during lane closures or improper parking.
• School Buses operated by public school districts.
• Ambulances & Fire Trucks: While responding to emergencies, these drivers still have a duty to operate with “due regard” for public safety under Texas law.

4. Accidents with Texas Department of Transportation (TxDOT) Vehicles

Large maintenance trucks, arrow boards, and heavy machinery operating on highways can cause catastrophic multi-vehicle collisions, especially in work zones.

The Government Claim Process: A Step-by-Step Guide

Navigating a TTCA claim for a vehicle accident requires military precision in timing and documentation.

Step 1: Immediate Investigation & Evidence Preservation (Day 1)

We treat every government vehicle crash as a time-sensitive crime scene. Our team immediately:

• Secures all available video (traffic cameras, business surveillance, dashcam from other drivers).
• Identifies and interviews independent witnesses.
• Preserves the vehicles (when possible) for expert inspection of black box data.
• Files Texas Public Information Act requests for the government’s internal accident report, driver personnel file, training records, and vehicle maintenance logs.

Step 2: Drafting & Serving the Formal Notice of Claim (Within 6 Months)

We prepare a comprehensive Notice of Claim that complies strictly with TTCA requirements, including:

• A detailed narrative of the crash, citing negligence (e.g., “City Employee John Doe, operating a San Antonio Solid Waste Department truck, failed to yield right-of-way while making an illegal left turn.”).
• The specific date, time, and location.
• A description of your injuries.
• A specific monetary demand for damages.
• This notice is served via certified mail, return receipt requested, to the city attorney or county judge.

Step 3: The Government’s 6-Month Review Period

The entity has six months from notice receipt to investigate. During this time, they may request a recorded statement or an Independent Medical Examination (IME). We prepare you thoroughly for these events to protect your claim.

Step 4: Filing the Lawsuit

If the claim is denied or not settled after the six-month period, we file a lawsuit before the overarching two-year statute of limitations expires.

Key Legal Hurdles and Our Strategies to Overcome Them

• Defense of “Official Immunity”: We attack this by proving the driver’s actions were not discretionary (e.g., violating a specific traffic law or internal department policy) or were performed in bad faith or with gross negligence.
• Defense of “Emergency Operation”: We use expert testimony to show the driver did not exercise the legally required “due regard for the safety of all persons” or that the emergency did not justify the specific negligent action taken.
• Disputes Over “Scope of Employment”: We gather evidence that the employee was on duty, in a government vehicle, and performing a job-related task at the time of the crash.
• Arguments of Comparative Negligence: Government lawyers will aggressively try to blame you. We use accident reconstruction experts to build an unassailable timeline and physics-based model of the crash that clearly establishes the government driver’s primary fault.

The Barton & Associates Difference

1. Urgent Response, Procedural Mastery: We know the six-month clock is ticking from day one. Our systems ensure the investigation and notice are handled with urgent precision.
2. Expert-Led Investigation: We employ accident reconstruction engineers, commercial vehicle safety experts, and ECM data specialists to build a scientifically sound case that counters the government’s resources.
3. Experience with Government Bureaucracy: We know how to navigate city halls and county courthouses, who to contact, and how to pressure risk managers through strategic legal filings and pre-trial discovery.
4. Trial-Ready Resolve: We prepare every case as if it will go to a jury. This posture is critical because government entities are more likely to offer fair settlements to avoid the public scrutiny and cost of a trial where their employee’s negligence is exposed.

If a Government Vehicle Has Injured You, Do Not Wait

The evidence in these cases—especially video—can be automatically deleted in a matter of weeks or months. The deadline to file your notice is measured in months, not years. Hesitation can be financially catastrophic.

Protect Your Rights Immediately

Contact the San Antonio Government Vehicle Accident Attorneys at Barton & Associates today for a free, urgent, and confidential case evaluation. We will immediately begin the process of investigating your crash, preserving evidence, and ensuring every procedural deadline is met to protect your right to compensation. Call us 24/7 at 210-500-0000 for a free consultation or use our online Free Consultation form.

Main Category: Personal Injury
Practice Area Category: Public Entity & Government Claims
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000