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Bus and METRO Accident

Bus and METRO Accident Claims in Houston


A claim arising from a public transit vehicle or a city street is not an ordinary car crash claim. It has a much shorter practical deadline.

The deadline is the first thing to deal with, not the last.

METRO and the City of Houston are governmental units. 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 as early as you can.

How long do I actually have to give notice?

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 charter and ordinance provisions requiring notice within a charter period permitted by law are ratified and approved, which means a city may impose a shorter deadline than the statutory six months, and Houston does.

Because the exact charter period and which entity is the correct recipient both depend on the specific vehicle and street involved, treat this as a matter of days rather than months and confirm it 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.

What to do this week

Identify the operating entity from the vehicle itself, not from assumption. Photograph the vehicle number and livery. Request the onboard video in writing immediately, because transit video retention is short and there is no obligation to keep it once it cycles.

Deadlines

A Texas personal injury claim generally must be filed within two years of the injury under Section 16.003 of the Civil Practice and Remedies Code. Call 713-521-0059.