TxDOT won't pay for falling-sign damage

AUSTIN (KXAN) - Stephanie Hawkins and her teenage daughter were sitting at a stoplight on Aug. 4 at U.S. Highway 290 and MoPac Boulevard when they heard a loud noise. A really loud noise.

"It kind of shook my car and at first I thought we were in an accident, that someone had hit me," said Hawkins.

Not someone, but something.

"A huge Texas Department of Transportation sign had fallen and crashed on my car," said Hawkins. "I thought, 'No one is going to believe this,' you know, of all the luck!"

Hawkins took photographs of the toppled sign and got a $2,791.25 estimate to repair the body damage to her Lexus SUV, and filed a claim with TxDOT. Then she got back what she calls the "tough luck" letter.

"A letter from them stating that, yes, they're responsible, but they're protected by the legislature, therefore they will not and cannot pay for any damages," said Hawkins, paraphrasing the letter.

As part of the T exas Tort Claims Act and the Doctrine of Governmental Immunity , lawmakers have said government agencies are not liable for damage caused while performing certain government safety functions, like maintaining signs.

"I don't think its fair just because I don't think I should -- and the public should -- be out-of-pocket for damages that they cause to our property," said Hawkins. "I just don't think its a very fair law."

In the letter to the Hawkins, TxDOT says it "strives to maintain our highway system in the best possible condition for the safety and convenience of the traveling public. In spite of our best efforts, mishaps do occur."

The Hawkins are out their $1,000 insurance deductible and Stephanie Hawkins is concerned this could happen to someone else.

"If you go over there now -- today -- the sign is leaning. The sign is still not properly installed. So it's going to happen to someone else is what I'm afraid of," she said.

A TxDOT representative issued the following statement about the incident:

"In this particular case, when we investigated the claim made by Stephanie Hawkins, we found that there was no negligence on the part of TxDOT and according to the Texas Tort Claims Act we are prohibited from paying property damage claims."

TxDOT explained that inspectors do routine safety checks on roads and signs but encourage the public to call the department if they see something they believe is dangerous.

Update - Sept. 20: TxDOT decided to replace the entire sign on Thursday. They said they originally fixed it but the sign was still leaning so they decided to remove it and put in a new sign.