If a person is seriously injured in an auto accident with a vehicle owned or operated by a local, state, or federal government agency, there are difficulties that must be considered if they wish to bring a suit against the at-fault driver.
All governmental units have what is called "sovereign immunity" from suit. This rather archaic principle is a vestige of the times when the people were ruled by a sovereign, that is a king, queen, emperor, or other monarch. Because the sovereign was the theoretical source of the law itself, any suit at law could not be brought against the monarch, giving them near total immunity from suit.
Although we are supposed to have a government "of, by and for the People," the government today still likes to exercise this immunity at will, and has the legal authority to do so. However, popular sentiment to the contrary has resulted in something, in Texas, called the Tort Claims Act. Most states have a version of this law that allows you to file suit against the government. It would be necessary to consult a local attorney in your state to fully understand the operation of these laws.
Justin Demerath
O'Hanlon, McCollom & Demerath
Austin Personal Injury Attorney
-- Justin Demerath
