How long do you have to sue a city in TX after an accident due to negligence of the city's hike and bike trails?

Question

My husband and I were riding our bikes on a city trail, 6 days after an ice storm.  The ice was gone everywhere after 4 warm days, but there was some still left under some overpasses, and it was very hard to see.  Both my husband and I fell, I sustained 8 injuries to my knee which resulted in a knee replacement, my husband broke and dislocated two fingers.  The city should have removed or treated the ice or at least put up signs warning people that there was ice under the bridge, or blocked the underpass altogether. I encountered two other bike riders that day who had also fallen under different bridges.  We are experienced riders and very careful, but the ice was not visible until we on top of it.

James Clifton · Answer

If you want to sue a city for an accident due to negligence, such as an injury on a city's hike and bike trails, you must follow specific procedures and timelines due to the concept of governmental immunity and the requirements under the Texas Tort Claims Act (TTCA). 
 
Before filing a lawsuit, you generally must provide the city with formal notice of your claim. This notice must usually be given within six months of the incident. Some cities have their own specific notice requirements and deadlines, which can be shorter, so it is essential to check the city's charter or local ordinances. 
 
The notice should include: 
 
The date, time, and location of the incident. 
A description of the incident and the damages or injuries sustained. 
The name and address of the claimant. 
A statement of the circumstances of the incident that led to the claim. 
 
After providing notice, you must file a lawsuit within the statute of limitations. The general statute of limitations for personal injury claims is two years from the date of the incident. 
 
Texas law provides certain protections to municipalities under the TTCA. The Act specifies the circumstances under which a governmental unit may be held liable for injuries. For a city to be liable, you must show that the city's negligence involved the use or condition of tangible personal property or real property, which includes hike and bike trails. 
 
Schedule a free consultation to make sure your injuries are adequately compensated.

Tim Akpinar · Answer

Consider a free initial consult with a law firm without delay to confirm exact timetables for applicable notice of claim requirements for all possible agencies or entities involved. Prompt action could also be necessary to preserve any video surveillance data - a consult could also address those issues. I'm sorry for your accident. I wish you both a healthy recovery. Good luck

Tara Gilmore-Low · Answer

Generally, you have two years to file a lawsuit against a governmental entity under the Texas Tort Claims Act.  However, be aware that you normally must provide notice of the claim to the City or other governmental entity.  Most of the time this notice MUST be done within 180 days, however, each city charter could be different.  You must check your local city charter and city ordinances to be sure.  The notice requires quite a bit of information so be sure you comply.  Your best bet is to contact a personal injury attorney in your area to navigate a Texas Tort Claims Act case.

Q: How long do you have to sue a city in TX after an accident due to negligence of the city's hike and bike trails?