Government Truck Accident Claims in Texas
One moment, you’re crossing an intersection in Oak Cliff. The next, a city garbage truck runs the light—and you’re in an ambulance.
Unlike a regular crash, this kind of car accident kicks off a completely different legal process.
Car crashes caused by government-owned vehicles—like USPS trucks, TXDOT vehicles, city utility vans, or sheriff’s office transports—aren’t handled like typical insurance claims.
Instead, they fall under laws like the Texas Tort Claims Act (TTCA) or the Federal Tort Claims Act (FTCA). These laws are strict, deadline-driven, and unforgiving if you make even one mistake.
If you’ve been hit by a public vehicle in Texas, here’s what you need to know before time runs out.
Key Takeaways
- Government vehicle crashes follow different rules. You must file faster and follow special notice requirements under TTCA or FTCA.
- You can still sue—if you act quickly. Even with immunity laws in place, many victims have valid claims.
- Our legal team has done this before. For 30+ years, we’ve helped Texans hurt by government vehicles fight for justice.
Government and Private Accident Claims: What’s the Difference?
Getting rear-ended on I-30 by a private driver is one thing. But when it’s a USPS truck? The clock ticks faster, the rules get tighter, and the government often starts with immunity.
Shorter Deadlines and Notice Requirements
Here’s where most victims go wrong: waiting too long. Under the TTCA:
- You usually have only 180 days (6 months) to notify the right agency in writing.
- Some cities—like Houston or El Paso—cut that down to just 60 or 90 days.
- With federal vehicles (USPS, ICE, Border Patrol), the FTCA gives you 2 years, but you must file an administrative claim first before suing.
Claim Timeline Overview
- Private Driver Claim: 2 years
- TTCA Claim: 180 days (or less)
- FTCA Claim: 2 years (but starts with the admin process)
Sovereign Immunity Limits What You Can Sue For
The government is usually protected by sovereign immunity—unless it waives that immunity under laws like the TTCA. But the waiver only applies in narrow cases. For example:
- The driver must be a government employee, not a contractor.
- The employee must have been acting within the scope of their job.
- The car crash must involve a motor-driven vehicle.
Miss any of these boxes? The government might not owe you a dime.
Damage Caps Limit What You Can Recover
Even if you win the car accident lawsuit, the law sets hard caps:
- City/County Agencies: $250,000 per person, $500,000 per incident.
- State Agencies: Same cap.
- Federal Claims (FTCA): No punitive damages, only compensatory.
How the Texas Tort Claims Act (TTCA) Applies to Truck Accidents
Let’s say you were hit by a Texas Department of Transportation (TxDOT) pickup while driving on Highway 287. The TTCA might apply if:
- The driver was employed by the government.
- The vehicle involved was a motor vehicle.
- The act wasn’t part of a discretionary decision, like emergency response routing.
If you’re unsure, an experienced injury lawyer can help determine if your case qualifies.
How to File a TTCA Claim
To file a claim under the TTCA, you must send written notice to the correct agency. That notice needs to include:
- Date and location of the accident
- Description of what happened
- Type of injuries and damages
And it has to be sent properly—usually via certified mail—to create a provable paper trail.
TTCA Notice Checklist
- Full name and contact info
- Date, time, and exact location of the crash
- Description of the government vehicle involved
- Summary of injuries and property damage
- Delivered via certified mail with return receipt
Filing a Federal Claim After a USPS or Federal Truck Crash
If a federal truck (like USPS, ICE, or VA transport) caused your accident, the FTCA applies.
Here’s the basic FTCA process:
- Submit a Form 95 (Administrative Claim) to the proper federal agency.
- Wait up to 6 months for the agency to respond.
- If denied or unresolved, file a lawsuit in federal court.
FTCA vs. TTCA: What’s the Difference?
| Factor | TTCA (State) | FTCA (Federal) |
|---|---|---|
| Covers | Texas government entities | U.S. government entities (USPS, ICE) |
| Initial Process | Direct notice to agency | Form 95 administrative claim |
| Time Limit | Often 180 days | 2 years from date of injury |
| Damage Caps | $250K per person / $500K per event | No punitive, but no hard damage cap |
| Court Type | Texas civil court | Federal court |
Common Mistakes That Can Ruin a Government Vehicle Accident Claim
The law doesn’t give second chances for paperwork errors. Here’s what trips up most Texans:
- Missing the deadline: Send the notice late, and you’re out.
- Wrong agency: Send it to the wrong office? Doesn’t count.
- Incomplete claim: Missing injury descriptions or crash details can invalidate the notice.
- Waiting too long for help: The longer you delay medical care or legal action, the harder your case becomes.
Need help fast? Call us now—we’ll take care of the notice, timelines, and claims while you heal.
Can I Sue After a Government Truck Crash in Texas?
Yes—but it depends on a few things:
- Who caused the crash?
- What kind of agency was involved?
- Did you send notice on time?
- Were you partially at fault?
Even if you were partly responsible, Texas comparative negligence laws may still allow recovery—just reduced by your share of the fault.
FAQs: Government Vehicle Accident Claims in Texas
Can I sue the government if I was hit by a city truck in Texas?
Yes, you can sue the government if you were hit by a city truck in Texas but only under strict rules.
If a city employee caused the crash while driving a government vehicle, you may have a valid claim under the Texas Tort Claims Act (TTCA).
You typically have just 180 days or less to notify the city in writing—so don’t wait to act.
What is the Texas Tort Claims Act and how does it affect my case?
The Texas Tort Claims Act allows injured Texans to sue state or local government entities in certain situations—like when a government employee causes a crash while on the job.
It waives sovereign immunity in limited cases, but also imposes strict deadlines, damage caps, and notice requirements that don’t apply in regular accidents.
How long do I have to file a claim after a crash with a government vehicle?
- Texas TTCA claims: As little as 180 days—some cities require notice in 60–90 days.
- Federal FTCA claims: You have 2 years, but must file a formal administrative claim first.
Missing these deadlines usually means losing your right to compensation.
Do different rules apply if a USPS truck hit me?
Yes. Accidents involving USPS or other federal vehicles fall under the Federal Tort Claims Act (FTCA). Instead of suing right away, you must first file a Form 95 administrative claim.
Only after the agency responds—or 6 months pass—can you file a lawsuit.
What damages can I recover after a government truck crash in Texas?
Under TTCA and FTCA, you may recover for:
- Medical expenses
- Lost wages
- Pain and suffering
However, punitive damages are not allowed, and compensation is capped for state and local claims—typically $250,000 per person, $500,000 per incident.
What happens if I file the claim notice late or send it to the wrong place?
The claim may be dismissed. Government agencies strictly enforce procedural rules.
If your notice is late, incomplete, or delivered to the wrong department, your case could be barred—even if the crash wasn’t your fault.
Can I still sue if I was partially at fault for the accident?
Yes, potentially. Texas follows comparative negligence rules. If you were less than 51% at fault, you can still recover compensation—though your damages will be reduced by your percentage of responsibility.
Do I need a lawyer for a government vehicle accident claim?
Absolutely. These cases involve complex laws, tight deadlines, and powerful legal teams defending the agency.
At Angel Reyes & Associates, our attorneys handle everything—from notices to lawsuits—so you can focus on recovering.
How Angel Reyes & Associates Can Help
Trying to sue the government is overwhelming, especially when you’re hurt, missing work, and unsure what to do next.
At Angel Reyes & Associates, we’ve spent over 30 years fighting for injured Texans, especially in complex, high-stakes vehicle accident cases. We handle the hard parts:
- Filing TTCA or FTCA claims correctly and on time
- Tracking deadlines and serving proper notice
- Building a case against powerful government lawyers
We know the rules, and we know the roads—from Loop 12 to the Dallas North Tollway.
Let our team handle the deadlines. You focus on healing. Schedule a free case review today.
