Car Accidents Involving Government Vehicles: Special Rules and Claims

A car accident with a government vehicle differs from a car crash with a private citizen. The driver or the government may be liable for damages. There are also time limits for filing a car accident claim and what damages you can recover.

There is a limited time to file your claim for most personal injury cases involving a government entity. Contact an experienced car accident lawyer as soon as possible to make sure you file your claim in time.

Are There Special Rules for Car Accidents That Involve Government Vehicles?

When another driver causes an accident, the other driver is liable for your damages. You can file a car accident lawsuit against the driver for damages and losses. However, the government is not like just any other driver.

The government has “sovereign immunity.” This generally means that it cannot be liable for a legal wrong in a civil lawsuit. This is an old idea that goes back to the idea that the king could do no wrong.

Fortunately, times have changed, and most governments have waived government immunity for many personal injury claims. However, there are still restrictions and time limitations for filing these types of cases against the government.

The Federal Tort Claims Act (FTCA) recognizes limited liability for the negligence of federal government employees acting within the scope of their duties. Under the FTCA, the government steps into the employee’s place and is liable for damages caused by the negligent employee.

There are similar state government tort claims laws, which also apply to most local governments.

What Types of Government Vehicles Are Involved in Motor Vehicle Accidents?

Any government vehicle can be in an accident. There are government-owned vehicles on the road all over the country. This includes anything from a municipal government fire marshal’s vehicle to the president’s motorcade. Types of government vehicles that could cause an accident include:

• Police cars
• Fire trucks
• Ambulances and other emergency vehicles
• Military convoys

How Do I File a Claim Against a Government Agency for a Car Accident?

In a regular car accident, you can file a lawsuit against the driver in civil court. This puts the driver on notice of the legal action. With a claim against the government, you may have to take additional steps.

For example, if you have a claim against the federal government, you have to file a written claim with the administrative agency where the government employee works.

Under the FTCA, you should submit any claim with the appropriate federal agency whose employee was involved in the accident. For example, if you get into a truck accident with a truck driver who works for the EPA, you can file an FTCA Form 95 claim for damages with the EPA.

Who Is Liable for an Auto Accident With a Government Vehicle?

Under the FTCA and other state tort claims, the government can be liable for some accidents. Generally, the government liability covers:

• Negligent or wrongful acts or omissions;
• Of employees acting within the scope of their duties.

This doesn’t apply to most intentional actions by employees. For example, if you got into a fight with a government driver after an accident, the government is not liable if the driver punched you.

The employee also must act within the scope of their duties. For example, if you get into an accident with a fire department vehicle that is responding to a fire, it is within the scope of the driver’s duties. However, after a shift, the fire department employee is driving home and gets into an accident. That would not be within the scope of their duties.

Is There a Time Limit for Filing a Claim in a Car Accident Claim Against the Government?

There is a limited time frame to file a claim against government agencies. The statute of limitations put a time limit on personal injury claims. If you file too late, you could lose your case.

Under the FTCA, you must file a claim within two years from the date of the incident. Other states and local governments may have shorter time limits. For example, if you were in a car accident with a New York state government vehicle, you must file a notice of claim within 90 days after the date of the accident.

What Damages Can I Recover in a Car Accident Claim Against a Government Employee?

In a personal injury claim, you can recover any losses or damages from the accident. Economic damages you can recover in an accident claim against the government include medical bills and property damages. Some states cap the amount of non-economic damages, including pain and suffering.

You cannot recover punitive damages in a claim against the government. Punitive damages are for limited situations where the defendant did something especially harmful or outrageous. This is to punish the wrongdoer and deter others. However, punitive damages are rare, even for regular car accident claims.

How Can a Car Accident Attorney Help With a Claim Against the Government? 

A car accident with a government vehicle should be handled with care. Talk to your personal injury attorney about handling a case against the government. Find a personal injury lawyer familiar with tort claims lawsuits involving government vehicle accidents. Speak to a local car accident attorney for legal advice about government vehicle accidents.