Yes, in limited cases. The City of Houston or METRO can be held responsible when an employee's negligent driving or a dangerous property condition caused an injury, but notice deadlines run as short as 90 days and damages are capped. Every case is different, and a lawyer can clarify your options.
A city truck runs a light on Westheimer, or a METRO bus sideswipes your car on Main Street. The Texas Tort Claims Act decides whether you can recover anything from the government in cases like these.
The law opens the courthouse door only partway, and its notice rules are stricter than in any ordinary car wreck. Here is who can be sued, which deadlines apply in Houston, how the damage caps work, and which exceptions trip up injured people most often.
Key Takeaways About the Texas Tort Claims Act
- The City of Houston requires sworn written notice within 90 days under its City Charter. Most other agencies allow six months, and the two-year lawsuit deadline applies on its own track.
- Only certain claims qualify. The Act mainly covers injuries from a government employee's use of a motor vehicle and injuries from a condition or use of property.
- Damages are capped. For a city like Houston, the limit is $250,000 per person and $500,000 per incident for bodily injury or death. Transit and county claims may face lower caps.
- City attorneys and government insurers handle these claims every day, and they know every exception. A missing detail in your notice can end a claim before it starts.
- Going alone is risky. Naming the wrong defendant or missing a notice rule can bar recovery even when the employee was clearly at fault.
Key Statistics About Crashes on Houston-Area Public Roads
Crash data from the Texas Department of Transportation (TxDOT) shows how much serious harm happens on roads that public agencies build, maintain, and patrol.
- 198 of the 503 traffic deaths in Harris County in 2025 happened on city streets, according to TxDOT's fatal crashes by county and road type report. City vehicles, signals, and street maintenance matter most on those streets.
- 818 of the 3,769 traffic deaths across Texas in 2025 happened on city streets, according to the same report. When a city vehicle or a known street hazard is part of the story, the government may share responsibility.
- 695 pedestrians were killed on Texas roads in 2025, according to TxDOT's 2025 Texas Motor Vehicle Traffic Crash Facts. Pedestrian cases often turn on signals and sidewalks, which the Act treats differently.
What Is the Texas Tort Claims Act?
The Texas Tort Claims Act is the state law that allows limited injury lawsuits against government bodies, found in Chapter 101 of the Texas Civil Practice and Remedies Code. Without it, "sovereign immunity," the rule that the government cannot be sued without its consent, would block nearly every claim.
The Act waives immunity in two main situations. The first is an injury caused by an employee's negligent use of a "motor-driven vehicle or motor-driven equipment," such as a garbage truck, a police cruiser, or a METRO bus.
The second is an injury caused by a condition or use of tangible personal or real property, such as defective equipment or a dangerous road hazard. In plain terms, the government steps into the shoes of a careless driver or property owner, with extra limits attached.
Which Government Agencies Can You Pursue After a Houston Injury?
Several public bodies operate in the Houston area, each with its own notice process and cap. Identifying the right one comes first.
Can You Sue the City of Houston for a Crash With a City Vehicle?
Yes, in many cases. If a City employee was driving a city vehicle on the job and caused the crash, the City can be held responsible. That includes Houston Police Department patrol cars, Solid Waste trucks, and Public Works crews, subject to the emergency exception in Section 101.055.
METRO Buses and METRORail
METRO, the Metropolitan Transit Authority of Harris County, is a "governmental unit" under the Act according to Texas Transportation Code Section 451.052. The same statute says METRO's operations are never "proprietary," so bus and rail claims always follow the Act's rules.
METRO's notice of claim form asks for the bus or train number, route, and boarding stop, and states that claims must be submitted within 180 days. Riders and drivers hurt by a METRO vehicle may also find our page on Houston bus accident claims helpful.
Harris County, TxDOT, and School Districts
Harris County, the State of Texas (including TxDOT), and school districts like HISD are all governmental units with different rules. School districts are covered only for motor vehicle claims under Section 101.051, so a school bus crash may qualify while a fall on campus usually does not.
Key Laws and Deadlines for Government Injury Claims in Texas
The most important rule is notice: the government must learn about your claim in writing, fast. Filing the lawsuit is a separate, later step with its own deadline.
| Deadline | What It Requires | Source |
| 90 days | Sworn, notarized written notice to the City of Houston | Houston City Charter, Article IX, Section 11 |
| 6 months | Written notice to most other governmental units | Tex. Civ. Prac. & Rem. Code §101.101(a) |
| 180 days | METRO's stated deadline for its notice of claim form | METRO claims process |
| 2 years | Deadline to file the lawsuit itself | Tex. Civ. Prac. & Rem. Code §16.003 |
What Is the City of Houston's 90-Day Notice Rule?
The City of Houston requires sworn written notice of an injury claim within 90 days. The City of Houston Legal Department's claim instructions say the letter must be signed before a notary and sent to the City Secretary, with a copy to the City Attorney's Claims/Subrogation Section.
The notice must explain when, where, and how the injury happened, how serious it is, the amount of damages, and the witnesses' names and addresses. A call to 311 does not meet this requirement.
The Six-Month Notice and the Two-Year Filing Deadline
For most other agencies, Section 101.101 requires written notice within six months describing the injury, the time and place, and the incident. An exception applies when the agency had "actual notice," but courts read it narrowly.
The lawsuit itself must generally be filed within two years under Section 16.003, in state court in the county where the injury happened. For most Houston claims, that means the Harris County district courts.
Proportionate responsibility also applies. Under Section 33.001, you cannot recover if you are more than 50 percent at fault, and any recovery is reduced by your share of fault.
Common Problems People Face With Government Injury Claims
Many government claims fail on technical rules, not on the facts of the crash. Our attorneys see these three issues again and again.
What Happens When a Police Car Was Responding to an Emergency?
The Act does not apply when an employee responding to an emergency follows the applicable law or, if none applies, does not act with "conscious indifference or reckless disregard" for safety, under Section 101.055. Ordinary carelessness during an emergency run is not enough.
The Texas Supreme Court applied this rule to a Houston crash in City of Houston v. Gomez (June 20, 2025). An officer answering a robbery call looked down at his radio and slid through an intersection on wet pavement.
The Court held that this momentary inattention was negligence, not recklessness, so the City kept its immunity. After Gomez, evidence of speed, lights, sirens, and dispatch records matters from day one, and our team typically requests it early through the Texas Public Information Act.
Pothole and Road Hazard Claims
Road hazard claims depend on what was damaged and what kind of defect caused it. The City of Houston's claim page explains that under state law, the City is not liable for property damage caused by the condition of its streets, so a blown tire alone usually is not recoverable.
Personal injury is different. "Special defects," such as excavations or obstructions on streets, carry a stronger duty to warn under Section 101.022. A broken traffic signal may also qualify if the government failed to fix it within a reasonable time after notice.
Suing the Employee Versus the Agency
Texas has a strict "election of remedies" rule. Under Section 101.106, suing the agency bars a later claim against the employee over the same incident, and suing the employee can bar a claim against the agency.
In most cases, the agency is the right defendant, because the employee was acting on the job.
What Compensation May Include Under the Tort Claims Act
Compensation in a government claim can cover the same kinds of losses as other injury cases, but within fixed limits set by Section 101.023. Punitive damages, meaning money meant to punish, are not available against a governmental unit.
| Type of Defendant | Per Person (Injury or Death) | Per Occurrence (Injury or Death) | Property Damage |
| State of Texas, including TxDOT | $250,000 | $500,000 | $100,000 |
| City, such as Houston, Bellaire, or Pearland | $250,000 | $500,000 | $100,000 |
| Other local government units, such as counties | $100,000 | $300,000 | $100,000 |
METRO is not a city, so lower caps may apply to transit claims, and the exact limit should be confirmed case by case. Within the caps, recoverable losses typically include medical bills, future care, lost wages, reduced earning capacity, and pain and suffering.
Government insurers often value claims low at first, and caps leave no room for sloppy documentation. When another driver shares fault, a separate claim against that driver's insurer is not limited by these caps.
When Should You Talk to a Lawyer About a Claim Against the City?
Talk to a lawyer before the notice deadline, ideally within the first few weeks. With Houston's 90-day window, waiting until medical treatment ends can mean the claim is lost.
It makes sense to call if a government vehicle hit you, if a public road or building defect played a role, if the agency denied your claim, or if you are unsure which agency is responsible.
Our attorneys and case managers can identify the right agency and prepare notice that meets the charter and statute. For a sense of the full timeline, see our guide on how long a personal injury case takes in Texas.
Practical Records That Help a Government Injury Claim
Many people find it helpful to write down the vehicle number, the agency name on the door, and the bus route or train line while details are fresh.
Photos of the scene, the vehicle, signals, and any road hazard can be valuable, especially before a crew repairs the site. Keeping the police report, medical records, and repair estimates in one folder often saves time.
Texas Tort Claims Act Questions Answered by Attorneys
Can I sue the City of Houston if I tripped on a broken sidewalk or fell in a city building?
Possibly, but these cases are hard. For ordinary premise defects, the City owes only the duty owed to a "licensee," which usually means proving the City actually knew about the danger and you did not. Paying to use the property, such as an entry fee, can change that standard.
What if a private contractor working for the City caused my injury?
A private company hired by the City generally does not share the government's immunity or damage caps. A claim against the contractor may follow ordinary Texas negligence rules. Road-work crashes often involve both the City and a contractor, so both may need a close look.
Can a family bring a wrongful death claim against a government agency in Texas?
Yes. The Act covers death as well as injury, and the surviving spouse, children, and parents may bring the claim. The same notice deadlines and caps apply. Our Houston personal injury attorneys also help families with wrongful death claims.
Does the Texas Tort Claims Act cover a crash with a U.S. Postal Service truck?
No. Claims against federal agencies fall under the federal Tort Claims Act, which has separate rules. Under that law, you generally must present a written claim to the federal agency within two years before you can file suit.
City Hall Has Lawyers. You Can Have One Too.
When a government vehicle or a dangerous public road hurts you, the other side already has a claims department and an attorney's office on payroll. You deserve someone who knows those rules just as well and explains every step in plain language.
At The Calderon Law Firm, the consultation is free, and there is no fee unless we win. Our contingency fee is a percentage of the recovery, commonly about 33% to 40% in Texas, and we never take home more than you do.
Se habla español: you can speak with our team directly in Spanish, with no interpreter needed. Our Bellaire office on the West Loop is open 24/7. Call +1 (346) 999-5673 and tell us what happened. We will tell you honestly whether we can help.