When the Government Is the Defendant: Public Entity & Government Claims in Austin, Texas

A city bus runs a red light. A pothole on a state highway causes a crash. A county sheriff’s deputy rear-ends your vehicle. A public hospital misdiagnoses your condition. When you are injured by the negligence of a government employee or agency, the rules are different. You cannot simply file a lawsuit like you would against a private citizen or corporation. The government has special protections—sovereign immunity—that limit your right to sue. But Texas law provides exceptions. The Texas Tort Claims Act waives immunity in certain circumstances, allowing you to seek compensation for your injuries.

At Barton & Associates, Attorneys at Law, we represent individuals and families across Central Texas who have been injured by government negligence. From the streets of Austin to the highways of Travis County, from the buses of Capital Metro to the facilities of the Austin Independent School District, we understand the unique challenges of suing the government. Our attorneys have spent decades navigating the Texas Tort Claims Act, the strict deadlines, and the special procedures that apply to government claims.

We know that government claims are different. The deadlines are shorter. The notice requirements are strict. The defenses are unique. We know how to file the proper notices, meet the deadlines, and build cases that hold government entities accountable for their negligence.

If you have been injured by the negligence of a government entity, you are not alone. Let us help you navigate the complex world of government claims.

Understanding Government Immunity

Government entities—cities, counties, school districts, state agencies—have immunity from lawsuits. This immunity is called “sovereign immunity” for the state and “governmental immunity” for local governments. However, Texas law waives this immunity in certain circumstances.

Sovereign Immunity:

• Protects the state of Texas and its agencies

• Waived by the Texas Tort Claims Act in limited circumstances

Governmental Immunity:

• Protects cities, counties, school districts, and other local governments

• Waived by the Texas Tort Claims Act in limited circumstances

What Is NOT Covered:

• Most claims against police for excessive force

• Claims arising from the failure to provide adequate police protection

• Claims arising from the failure to enforce laws

• Intentional torts (assault, battery, false imprisonment)

For residents across Central Texas, understanding whether immunity has been waived is the first step in a government claim.

What Is the Texas Tort Claims Act?

The Texas Tort Claims Act (TTCA) is the state law that waives sovereign immunity for certain claims against government entities. It allows lawsuits for injuries caused by the negligence of government employees or by unsafe conditions on government property.

What the TTCA Covers:

• Use of Motor Vehicles: Injuries caused by the negligent operation of government-owned vehicles (police cars, school buses, city trucks)

• Premises Defects: Injuries caused by unsafe conditions on government property (potholes, broken sidewalks, unsafe buildings)

• Use of Tangible Personal Property: Injuries caused by the negligent use of government equipment

What the TTCA Does NOT Cover:

• Claims arising from the failure to provide adequate police protection

• Claims arising from the failure to enforce laws

• Most claims against police for excessive force

• Intentional torts

Damages Caps:

The TTCA caps damages at $250,000 per person for claims against a single government entity, and $500,000 per occurrence for claims against multiple entities.

For those in the Austin area, the Texas Tort Claims Act is the gateway to suing the government.

How to File a Claim Against a Government Entity

Filing a claim against a government entity requires strict compliance with deadlines and notice requirements. Missing a deadline can bar your claim forever.

Step 1: Identify the Proper Entity

Determine which government entity is responsible:

• City of Austin

• Travis County

• State of Texas (TxDOT, DPS, etc.)

• School district

• Capital Metro

Step 2: File a Notice of Claim

Most government entities require you to file a written notice of claim within a specific timeframe. For cities and counties, you generally have six months from the date of injury. For the state, you have six months under the TTCA.

What the Notice Must Include:

• Your name and address

• The date, time, and location of the incident

• The nature of your injury

• The amount of damages claimed

Step 3: Wait for Response

The government entity has a period to investigate and respond. They may deny the claim, offer a settlement, or take no action. If they deny the claim or fail to act, you may file a lawsuit.

Step 4: File a Lawsuit

If the claim is denied or the government fails to act, you have two years from the date of injury to file a lawsuit. However, the notice deadlines are shorter—do not wait.

For residents across Central Texas, meeting the notice deadlines is essential to preserving your claim.

Vehicle Accidents Involving Government Vehicles

One of the most common government claims involves vehicle accidents. Police cars, school buses, city trucks, and other government vehicles are on our roads every day.

Common Scenarios:

• A city bus runs a red light and hits your car

• A sheriff’s deputy rear-ends you at a stoplight

• A TxDOT truck merges into your lane without looking

• A school bus fails to yield and causes a crash

What You Must Prove:

• The government employee was operating the vehicle

• The employee was acting within the scope of employment

• The employee was negligent

• You suffered damages

Special Considerations:

• The government may argue that the employee was not acting within the scope of employment

• The government may argue that the employee was responding to an emergency (police pursuit)

For those in the Austin area, vehicle accident claims against the government require careful investigation of the employee’s status at the time of the crash.

Premises Liability: Dangerous Government Property

When you are injured on government property—a park, a sidewalk, a public building—you may have a claim under the TTCA.

Common Scenarios:

• You trip on a broken sidewalk in front of a city building

• You fall on a poorly maintained trail in a city park

• You are injured by unsafe conditions at a public pool

• You slip on a wet floor at a government office

What You Must Prove:

• The property was in a dangerous condition

• The government knew or should have known of the condition

• The government failed to correct the condition or warn you

• The condition caused your injury

Notice Requirements:

For premises defects, the government must have actual notice of the dangerous condition. Your attorney must investigate prior complaints, maintenance records, and other evidence of notice.

For residents across Central Texas, premises liability claims against the government require proving that the government knew about the hazard.

School District Liability

School districts are government entities with immunity under Texas law. However, the TTCA waives immunity for certain claims.

What Is Covered:

• School bus accidents

• Negligent supervision of students (in some cases)

• Unsafe conditions on school property

• Use of school vehicles

What Is NOT Covered:

• Educational malpractice (poor teaching, failure to educate)

• Disciplinary decisions

• Most claims involving student-on-student violence

Special Considerations:

School districts have additional protections. Claims against school districts often require notice within a short timeframe.

For families in the Austin area, school district claims require a thorough understanding of the TTCA and education law.

Police Misconduct and the TTCA

The Texas Tort Claims Act does not waive immunity for most claims against police. Claims for excessive force, false arrest, and malicious prosecution are generally barred by immunity.

What Is NOT Covered:

• Excessive force claims

• False arrest claims

• Malicious prosecution claims

• Claims arising from police pursuits

What Is Covered:

• Vehicle accidents caused by police officers

• Use of police vehicles in a negligent manner

• Premises defects at police facilities

Federal Claims:

If your rights were violated by police, you may have a claim under 42 U.S.C. § 1983. These claims are filed in federal court and are not subject to the TTCA’s caps or notice requirements.

For those in the Austin area, police misconduct claims require a different approach—often in federal court under Section 1983.

The Six-Month Notice Deadline

One of the most important features of government claims is the short notice deadline. For claims against cities, counties, and the state, you generally have six months from the date of injury to file a notice of claim.

Why It Matters:

• If you miss the six-month deadline, your claim is barred

• There are very few exceptions

• The government does not have to tell you about the deadline

What to Do:

• Contact an attorney immediately after your injury

• Do not wait to see if you will recover

• The deadline is strict—do not miss it

For residents across Central Texas, the six-month deadline is the most important deadline in your case.

Damages Caps Under the TTCA

The Texas Tort Claims Act caps the amount of damages you can recover.

Caps:

• $250,000 per person for claims against a single government entity

• $500,000 per occurrence for claims against multiple entities

What Is Included:

• Medical expenses

• Lost income

• Pain and suffering

• All damages combined

What Is NOT Capped:

• Future medical expenses? (capped under the same limits)

• Claims under federal law (Section 1983) are not capped

For those in the Austin area, the TTCA’s damages caps are an important limitation on recovery.

Frequently Asked Questions About Public Entity & Government Claims in Austin, Texas

When clients come to our office—whether from Austin’s neighborhoods, the suburbs to the north and south, or the Hill Country communities—they often have questions about government claims. Here are the answers to the most common inquiries we receive.

What is sovereign immunity?

Sovereign immunity is the legal doctrine that protects government entities from being sued without their consent. The Texas Tort Claims Act waives this immunity in limited circumstances.

What is the Texas Tort Claims Act?

The Texas Tort Claims Act is the state law that waives sovereign immunity for claims involving government vehicles, premises defects, and the use of tangible personal property.

What is the statute of limitations for government claims?

You generally have two years from the date of injury to file a lawsuit. However, you must file a notice of claim within six months for most government entities.

What is the six-month notice deadline?

Most government entities require you to file a written notice of claim within six months of your injury. Missing this deadline can bar your claim.

What damages can I recover?

You can recover medical expenses, lost income, and pain and suffering, subject to the TTCA’s caps ($250,000 per person, $500,000 per occurrence).

Can I sue the police for excessive force?

The TTCA does not waive immunity for excessive force claims. However, you may have a claim under federal law (42 U.S.C. § 1983).

Do I need an attorney for a government claim?

Yes. Government claims have strict deadlines, special notice requirements, and complex immunity issues. An experienced attorney can help you navigate the process and protect your rights.

Why Barton & Associates for Public Entity & Government Claims in Austin

Government claims require attorneys who understand the Texas Tort Claims Act, the strict deadlines, and the unique defenses that government entities enjoy. Our attorneys have spent decades representing individuals and families across Central Texas in claims against cities, counties, school districts, and the state.

We know the local governments. We know the deadlines. And we know how to build a case that holds government entities accountable for their negligence.

Take the First Step Toward Justice

If you have been injured by the negligence of a government entity, do not wait. The six-month notice deadline is strict. Evidence disappears. The sooner you have an experienced attorney on your side, the sooner you can begin the process of seeking justice.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced government claims attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you seek the justice you deserve.

Main Category: Personal Injury Austin
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)