How long do I have to file a claim against a Texas city or county?

Much less time than a standard two-year statute of limitations in most cases. Many governmental units require formal written notice within a period set by their own charter or by state law, which can be significantly shorter than two years. The exact deadline depends on which specific entity is involved — contact an attorney immediately rather than assuming you have the standard two years.

Is there a cap on how much I can recover from a Texas city or county?

Yes. Under Tex. Civ. Prac. & Rem. Code § 101.023, claims against local governmental units are generally capped at $250,000 per person and $500,000 per occurrence for bodily injury or death, regardless of the actual severity of the injury.

What if a pothole or broken traffic signal caused my accident?

You may have a premises-defect claim under the Texas Tort Claims Act if the government entity knew or should have known about the dangerous condition and failed to fix or warn about it within a reasonable time. These cases require proving the entity had notice of the specific defect, which makes early investigation important.

Hit by a City or County Vehicle in McAllen? How the Texas Tort Claims Act Works

If you were hit by a city, county, or other government-owned vehicle in Texas — or hurt because of a dangerous road or traffic-signal defect the government failed to fix — your claim falls under the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code Chapter 101). Government entities generally have sovereign immunity, but the Act waives that immunity in specific situations, including motor-vehicle accidents caused by a government employee acting within their job duties. Critically, many governmental units require formal written notice of your claim in a matter of months, not the standard two-year deadline — so acting quickly matters more than in a typical car accident case. Call (956) 686-4357 for a free consultation.

Most car accident claims in Texas follow the standard two-year statute of limitations. Claims against a government entity — the City of McAllen, Hidalgo County, a school district, a public utility, or the State of Texas itself — are different, and the differences can cost you your claim if you don’t know about them.

Sovereign Immunity and the Tort Claims Act

Texas government entities generally cannot be sued at all under the doctrine of sovereign immunity. The Texas Tort Claims Act carves out specific, limited exceptions where a government entity can be held liable, including:

Injuries caused by the negligent operation or use of a motor vehicle by a government employee acting within the scope of their employment
Certain injuries caused by a condition or use of tangible personal property
Some premises defects on government-owned property, including certain dangerous road and sidewalk conditions

Damage Caps and Shorter Deadlines

Even when the Act applies, recovery against a local governmental unit (a city or county) is capped — generally $250,000 per person and $500,000 per occurrence for bodily injury and death claims under Tex. Civ. Prac. & Rem. Code § 101.023, regardless of how severe the injury actually is. Just as important: many governmental units require formal written notice of your claim well before the standard lawsuit deadline — sometimes in a matter of weeks or months rather than the two years you’d have in an ordinary car accident case, and the exact notice period can vary by which specific governmental unit is involved. Missing this notice period can permanently bar an otherwise valid claim, which is why speaking to an attorney immediately — not after months of trying to negotiate directly — matters far more in a government-entity case than in a typical crash.

Common Examples in McAllen and the RGV

Being struck by a city, county, school district, or public utility vehicle
A crash caused by a malfunctioning traffic signal the city failed to repair after being notified
An injury caused by a known dangerous road defect (a pothole, missing signage, or drainage hazard) the responsible government entity failed to address

Chris Sanchez evaluates Texas Tort Claims Act cases throughout McAllen, Edinburg, and Hidalgo County. Because the notice deadlines in these cases are so much shorter than a standard claim, contact us as soon as possible after any accident involving a government vehicle or government-owned property. See our full guide to choosing a McAllen personal injury attorney. Free consultation, no fee unless we win.