Call Now
713-521-0059
A notice deadline that is much shorter than the two years most people expect. METRO and the City of Houston are governmental units. Section 101.101 entitles a governmental unit to notice within six months, and the City of Houston’s charter sets a shorter period. The deadline is the first thing to deal with, not the last.
A claim against a governmental unit is governed by the Texas Tort Claims Act, and the notice requirement is separate from and much earlier than the ordinary two year limitations period. Missing the notice can end an otherwise strong claim before it is filed. Call 713-521-0059.
Section 101.101 entitles a governmental unit to receive notice of a claim not later than six months after the day the incident occurred. Subsection (b) then provides that a city’s charter and ordinance provisions requiring notice within a charter period permitted by law are ratified and approved. That means a city may impose a shorter deadline than the statutory six months, and Houston does.
For a claim against the City of Houston, the City requires written notice within 90 days. METRO is not a city, so the six-month statutory notice applies to it, and it should still be treated as urgent. Which entity is the correct recipient depends on the specific vehicle and street involved. Confirm the period that applies before relying on any number.
Subsection (c) says the notice requirement does not apply if the governmental unit has actual notice that death occurred, that the claimant received some injury, or that property was damaged. That is a fallback argument, not a plan.
A police report or a driver’s incident report does not always show that the agency knew you were hurt. Formal written notice, sent on time to the right office, is the safer course in almost every case.
Identify the operating entity from the vehicle itself, not from assumption. A METRO bus, a city truck, a county vehicle and a school bus can each belong to a different governmental unit. A pothole or a broken signal may belong to the city, the county or the state, depending on the road.
A private charter bus or an intercity bus company is usually not a governmental unit, and in most cases the notice rules on this page do not apply to it. That claim usually looks more like an ordinary crash claim against a company.
Getting the owner right at the start keeps the notice from going to the wrong place. If you are not sure who owns the vehicle or the road, say so on the first call. Notice can be sent to more than one entity while that question is sorted out.
Photograph the vehicle number and the livery, meaning the colors, logos and route number on the bus. Request the onboard video in writing immediately. Transit video retention is short, and once it cycles, it is usually gone.
Write down the route, the stop, the time and the direction of travel. If you were a passenger, note where you were sitting or standing and whether the bus braked, turned or pulled away suddenly. Get the names of other passengers who saw it, and keep your fare card or ticket. Keep every medical record and bill as it arrives.
You get medical care and you follow it. You keep your records and your bills.
The agency may acknowledge the notice and open its own claim file, and an adjuster may call you. You generally do not have to give a recorded statement to another party’s insurer. Your own policy may require you to cooperate with your own insurer. Little about your case is decided in those weeks, but much of the evidence is saved or lost then.
The same notice rules apply when the bus belongs to a governmental unit. The fault questions look like any other crash. Under Chapter 33 of the Civil Practice and Remedies Code, you may not recover if you are found more than 50 percent responsible. Otherwise, your recovery is reduced by your percentage. Our pages on pedestrian accident claims and bicycle accident claims cover the evidence in those cases.
In most cases, Section 16.003 of the Civil Practice and Remedies Code requires suit within two years after the day the claim accrues, which is usually the date of the injury. For a claim against METRO or the city, the notice deadline comes first and runs out much sooner. Meeting the two year deadline usually does not help if the notice was never given and the agency had no actual notice of the injury.
Every statute and case linked above was read at its primary source. Texas statutes change every legislative session and case law is constantly changing.
This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney-client relationship.
The notice and the video are the two things with the shortest clocks. Both need to be handled in the first days, before anything else about the claim is settled.
We start by identifying the operating entity from the vehicle and the street, and by confirming the notice period that applies to it. Then we send the notice and a written request for the onboard video, and we identify every insurance policy that may apply, including your own.
Schiffer Law Firm is a Houston personal injury firm with 50 plus years of combined experience representing injured people across Texas.
There is no charge to talk, and no attorney’s fee unless there is a recovery.
Written by Jacob Schiffer, Attorney, Schiffer Law Firm. State Bar of Texas No. 24105175.
Call 713-521-0059.
Usually not. METRO and the City of Houston are governmental units, and the notice requirement is separate from and much earlier than the ordinary two year limitations period.
Section 101.101 allows six months, but subsection (b) approves city charter notice periods permitted by law, and the City of Houston requires written notice within 90 days. Treat it as urgent and confirm the exact period early.
Maybe not. Subsection (c) excuses notice where the governmental unit has actual notice of the death, the injury or the property damage, but that is a fallback argument, not a plan. Send formal written notice.
Request it in writing immediately. Transit video retention is short, and once it cycles, it is usually gone.
Possibly. Write down the route, the time and what the bus did, get the names of other passengers, and request the video. The same notice rules apply if the bus belongs to a governmental unit.
In most cases, two years after the day the claim accrues, which is usually the date of the injury, under Section 16.003 of the Civil Practice and Remedies Code. The notice deadline for a claim against METRO or the city runs out much sooner.