What Happens If You’re Hit By a Government Vehicle? Can You Sue?

Yes, people who are injured in accidents involving government vehicles can file lawsuits.

Key takeaways:

• Different rules apply when suing a government agency or government entity compared to when suing private citizens or companies.
• There is a six month deadline to file a claim in government vehicle accident cases in California.

Read on to find out about:

• Liability in accidents involving government-owned vehicles
• Deadlines to file cases against government entities
• How to recover damages after an accident involving a government vehicle

Call our experienced car accident lawyers today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one was injured or killed in an accident involving a government vehicle.

Our auto accident lawyers can help you recover fair compensation from the government for:

• Medical bills/medical expenses
• Lost wages
• Loss of earning capacity
• Property damage
• Pain and suffering
• Wrongful death

Injury victims choose Nadrich Accident Injury Lawyers to handle their government vehicle accident cases because:

• We have been handling government vehicle accident cases since 1990.
• Our team has recovered over $750,000,000 on behalf of our clients.
• Our government vehicle accident attorneys get injury victims to doctors who treat them on a lien, meaning no fee is charged for treatment until the case ends.
• We help clients seek compensation on a contingency fee basis, which means that we don’t charge any fee until we win their case. Our only fee is a portion of any financial recovery we obtain for the client.
• Our experienced car accident attorneys provide 24/7 availability and communication you can rely on.

Who Is Liable In a Government Vehicle Car Accident?

Government agencies can be liable for some accidents under the Federal Tort Claims Act or other state tort claims.

Government liability generally covers:

• Wrongful or negligent omissions or acts
• Omissions or acts of employees who were acting within their duties’ scope

In other words:

• Government agencies can be held liable when their employees crash while performing job duties and the accident was due to the negligence of the driver.
• If you’re in an accident with an on-duty officer, the government can be held liable since the driver was acting within the scope of their duties.
• If you’re in an accident with an off-duty officer using a government vehicle for personal reasons, the government typically won’t be liable since the officer wasn’t acting within the scope of their duties.
• If you’re at fault for the accident, you could be responsible for damages.

To summarize, liability depends on whether their employee was performing their duties at the time of the crash and whether their negligence resulted in the accident. If you’re at fault, then you could be responsible. If the government employee was off-duty and acting outside of their job’s scope, the government may not be liable.

Common Government Vehicle Accident Types

Police Car Accidents

• Police cars have to sometimes break traffic laws when responding to emergencies, are allowed to under the California Vehicle Code, and have some legal protections after car accidents.
• These protections apply when they’re responding to emergencies, their sirens and lights are activated, and they’re not driving with reckless disregard for safety.
• However, those protections change when the vehicles aren’t responding to emergencies, so you may be eligible for compensation if a cop hits your car.
• Follow the same procedure you’d typically follow after an accident if you’re in an accident with a police car which isn’t responding to an emergency, like seeking medical attention, exchanging driver information, alerting authorities and documenting the scene to make sure you have the info necessary to file a claim.
• Call us today for a FREE case evaluation if you or a loved one has been injured or killed by a police car.

Buses and Other Public Transit Vehicles

• You need to demonstrate that your injuries were the result of the negligence of the public transit driver in order to file a claim after an accident involving a public transit vehicle such as a bus.
• Public transit agencies in California are considered “common carriers,” which means they owe passengers a higher duty of care than regular drivers.
• A lawyer can help prove the driver was negligent by gathering expert testimony, accident reports, surveillance footage and eyewitness testimony.
• There were over 5,000 fatal crashes involving buses or large trucks in 2021, according to the Federal Motor Carrier Safety Administration.
• Crashes can result from driver error, mechanical failure or poor road conditions.
• Accidents can be costly due to the size of buses and may involve multiple victims due to passenger loads.
• Talk with our lawyers today if you were injured as a bus passenger, pedestrian or another driver in an accident involving a public transit vehicle. You may qualify to sue the city for damages.

Fire Trucks and Ambulance

• Government liability regarding accidents involving ambulances and fire trucks is similar to that of accidents involving police cars.
• Fire trucks and ambulances are allowed to break traffic laws while responding to emergencies, but their drivers need to still behave reasonably.
• You can recover compensation for your injuries if your lawyer can prove that the driver was behaving carelessly or recklessly, or the vehicle wasn’t kept in a condition which was safe.
• Contact us if you’ve been injured by a fire truck or ambulance.

Other Vehicles

Other examples of government vehicles may include:

• School buses
• Garbage trucks
• U.S. Postal Service trucks
• Utility or road construction vehicles
• Military vehicles

If you’re unsure whether you’d qualify for a claim against the government, then contact us for a free case evaluation.

What to Do After a Car Accident With a Government Vehicle

If you are struck by a government vehicle, like a police car or a bus, you might have to file a special claim under the Tort Claims Act of the relevant government, like the Federal Tort Claims Act, because of sovereign immunity.

You need to quickly act since there are often shorter, strict deadlines for filing claims compared to typical accidents.

You should:

• Call for help
• Collect evidence
• Consider consulting with a government vehicle accident lawyer for assistance with the complicated claims process

Early action is the best way to protect your rights, since government entities follow strict evidence retention policies that can make proving your claim harder the longer you wait.

Immediate Steps After the Accident

• Prioritize safety: Be sure to check for injuries, make a call for help if necessary, and, if possible, get yourself, others and the vehicles to safety.
• Call 911: The accident should be reported. This ensures emergency services get dispatched if anyone got hurt.
• Seek medical attention: See a doctor or go to the hospital as quickly as possible. Seeking immediate medical care is critical for not only your health but also documenting your injuries for any potential claim. Do this even if you think you’re not hurt.
• Gather information: Gather details about the driver and vehicle, talk with witnesses and take pictures of the damage and scene. Get the driver’s name as well as what agency they work for. Get witnesses’ contact information.
• Don’t admit fault: You should avoid making statements which may be interpreted as admissions of fault.
• Don’t speak with others: Don’t speak with insurance adjusters or government representatives without consulting with a lawyer first.
• Avoid public statements: Don’t discuss the accident on social media or publicly.
• File a police report: Police reports officially document incidents and can become important evidence when filing a claim.
• Request a crash report: Request a copy of the official accident report from the agency who investigates it, like the California Highway Patrol, in person or by mail.
• Cooperate: Remain cooperative and calm with responding officers, but don’t admit fault.
• Keep your hands visible: If you struck a police car, don’t exit your vehicle or make sudden movements. Keep your hands on the steering wheel. Wait for the police officer to approach.

Filing a Claim

• Report to your insurance company: Report the accident promptly to your insurer.
• Identify the local, state or federal agency responsible: Determine what government agency the vehicle is owned by.
• Contact the agency: You will need to file an official “notice of claim” through the proper agency, often in person or by mail.
• Follow instructions: The government agency will have specific forms and procedures and might have its own insurance company.
• Note the deadline: There are shorter, strict deadlines for filing claims against government entities. The deadline is six months in California. You must act quickly.
• Await a response: Agencies must respond to claims within set timeframes, typically 45 days, or claims are considered rejected.
• Letting a lawyer handle the process for you: It is best to let an attorney handle the above claim filing process for you. Your lawyer will guide you through the entire required process.

Seeking Legal Advice and Compensation

• Understand government immunity: While the government often gets protected by sovereign immunity, exceptions have been created by many states for negligence, which allows for claims in some situations.
• Seek legal counsel: It’s highly recommended for you to consult with a personal injury attorney with experience handling the government vehicle accident legal process since this process is more complicated than the one involved in standard claims.
• Pursue legal action: Should your claim be denied, time is limited to file a lawsuit in court. You have six months from the date a notification of claim rejection is mailed to file a lawsuit, according to California Government Code. If you don’t receive a response within 45 days from the government agency, the claim is assumed to be rejected and you have two years from the date of injury for filing a lawsuit.
• Follow up with your doctors: Attend every follow-up appointment with your doctors and follow the advice of your doctors to ensure a complete recovery and proper treatment. Failure to do this can jeopardize your claim.
• Keep detailed records: Save all repair costs, medical bills and other related expenses.

Statute of Limitations for Government Vehicle Accident Lawsuits

• You have six months from the date of the accident, under California law, to file a claim with the appropriate government agency.
• If you receive a notice that your claim was denied by the government agency, you have six months from the date it was mailed to file a lawsuit seeking compensation for your injuries.
• If you do not receive a notice within 45 days that your claim was denied by the government agency, you have two years from the date of the accident to file a lawsuit seeking compensation for your injuries.
• It is best to act now and call a lawyer today rather than to wait until the last minute as doing so will allow evidence to be preserved, give your lawyer as much time as possible to build a strong case for you, and ensure complex paperwork gets filed on time.

How Much Is a Government Car Accident Claim Worth?

The value of your claim will depend on the specific damages that you incurred in the accident involving the government vehicle.

Our law firm can help you recover financial compensation for multiple types of damages, including but not limited to:

• Medical bills: The costs of medical care related to your accident, including past and future costs. This covers things like hospital stays, emergency room visits, doctor visits, medical treatments, surgeries, medications, rehabilitation, physical therapy, etc.
• Lost wages: The wages you’re unable to earn due to your injuries, such as wages lost due to being hurt too badly to work, or wages lost due to taking time off from work to attend medical appointments.
• Loss of earning capacity: The loss or reduction of earning capacity caused by a disability that is the result of the accident.
• Property damage: The cost to repair or replace your vehicle as well as any other property inside of it at the time of the accident.
• Pain and suffering: Physical pain, mental suffering, emotional distress and lost quality of life stemming from the accident.
• Wrongful death: Funeral costs, burial costs, medical bills of decedent prior to passing, pain and suffering of decedent prior to passing, loss of decedent’s love, companionship, household services, income and spousal benefits.

How Are Government Claims Different?

There are numerous differences between claims involving government and private vehicles:

• Shorter deadlines: While the deadline to file a personal injury lawsuit against a private individual in California is two years from the date of injury, you need to file claims against government agencies within six months in California.
• Administrative claim requirement: You need to first file an administrative claim through the relevant government agency prior to filing a lawsuit.
• Legal defenses: Government entities might have legal defenses which aren’t available to private citizens, like sovereign immunity, although that is partially waived in the State of California.
• Different compensation standards: A government entity might have specific laws which limit how much compensation you’re eligible for.

What Happens if You Hit a Government Vehicle?

If you hit a government vehicle as opposed to a government vehicle hitting you, there are several potential outcomes.

Note that you may still be able to recover compensation for your injuries if the government vehicle’s driver (or another party) was partially at fault for the accident.

When It’s Treated Like a Regular Accident

• If you accidentally strike a government vehicle like a police car due to bad road conditions, a lapse in attention, or mechanical failure, it will probably get treated as a standard auto accident.
• This may lead to a traffic ticket or an insurance claim filed against your policy.
• You’re not likely to be charged with any felony unless you were doing other illegal things.

Potential Consequences if You’re at Fault

• Insurance claims and traffic citations: You might receive a ticket regarding a traffic violation. You might be responsible for filing a claim with your insurance company for damages to all vehicles involved.
• Criminal charges: If you acted recklessly, like excessively speeding or driving under the influence, you might face criminal charges.
• Increased scrutiny: If your accident involved a certain type of government vehicle, like a police car, it might receive extra scrutiny.

Factors Which Can Affect Liability

• Government employee’s status: If an officer, fire truck driver or ambulance driver was responding to an emergency with sirens and lights, they’re exempt from some traffic laws and you could be held liable for your accident.
• Negligence: If the driver’s own negligence, like reckless driving, led to the accident, they as well as their government agency could get held liable.
• Evidence: Police reports created at accident scenes are crucial for determining fault as well as for insurance purposes.

Comparative Negligence

• You can still recover compensation for your injuries if you’re partially at fault for an accident in California.
• California is a comparative negligence state, which means that if you’re found 20 percent at fault for an accident, the compensation you’re eligible for is simply reduced by 20 percent.
• So, for example, if you run a red light and strike a government vehicle whose driver wasn’t paying attention and was, instead, texting on their phone at the time of the accident, while you would be partially at fault for running the red light, you would still be entitled to compensation since the accident was also partially the government employee’s fault.
• It’s crucial to hire a lawyer if you’ve been injured in an accident that was partially your fault, since a lawyer can reduce the percentage of fault assigned to you in order to maximize your compensation.

Do Government Vehicles Have Insurance?

Yes, but government agencies typically self-insure their vehicles, meaning they act as their own insurance companies to cover liability for injuries or damages.

Governments are big enough to absorb accidents’ financial costs and have long-standing policies which self-insure risks.

When accidents occur, claims get processed through government agencies rather than commercial insurance policies.

How self-insurance works for a government vehicle:

• No commercial insurance: Government vehicles don’t carry commercial insurance cards. They instead carry government-issued documents, like letters on agency letterheads or military vehicle insurance cards, which confirm that the government is self-insured.
• Liability is the government’s responsibility: Governments are financially responsible for covering costs of lost wages, medical expenses, damage and other losses when accidents occur.
• Claims process: Those involved in accidents with government vehicles need to file claims directly with government agencies, and may need to file administrative claims prior to legal action being taken.
• Limited coverage is possible: Some situations may see limitations on coverage. As an example, state self-insurance programs might have liability limits per accident when vehicles are operated by non-salaried employees like volunteers.

How to Locate and Choose an Attorney

• Look for experience handling government liability claims: Find a law firm or lawyer with previous success handling claims against government agencies like state agencies, cities or police departments.
• Check reviews and credentials: Check lawyers’ websites, online reviews and client testimonials to discover more about their successes and experience.
• Prepare for an initial consultation: Bring all accident documentation, including an event timeline, witness information and photos, to the initial consultation with the lawyer.

Why You Need a Government Vehicle Accident Lawyer

It’s important to have a lawyer by your side who has experience handling government vehicle accidents for numerous reasons, including:

• Strict deadlines: Claims involving government entities have much shorter deadlines than claims involving private citizens, and a lawyer can help make sure you meet any applicable deadlines.
• Complex procedures: You need to file administrative claims with specific agencies prior to suing, and an attorney will make sure this claim gets filed on time and correctly.
• Government immunity: Government agencies might have special defenses which can get used in order to avoid liability. Experienced lawyers understand how these defenses can be overcome.
• Identification of all defendants: Experienced lawyers can identify every possibly liable party, not just government agencies, who might share fault for your accident, thus maximizing the compensation you can recover.
• Proving negligence: You’ll need to successfully prove that a government employee’s negligence caused your accident to recover compensation from a government agency. A lawyer can gather evidence and put together a strong case for you which proves negligence.

How Our Government Vehicle Accident Attorneys Can Help

If you’ve been injured in an accident involving a government vehicle, you’ll need to be able to prove that the accident was the result of a government employee’s negligence if you want to recover compensation for your injuries.

Our lawyers can:

• Investigate your accident
• Collect evidence
• Determine liability
• Prove that a government employee was negligent
• Advise you
• Handle all communications for you
• Calculate your damages
• File all necessary paperwork and handle all claims with government agencies for you
• Negotiate a fair settlement
• Counter unfair tactics meant to minimize your losses
• File a lawsuit if necessary
• Represent you in court if necessary
• Reduce your percentage of fault to maximize your compensation if you were partially at fault for the accident
• Get you to doctors who won’t charge you for treatment until your case is over
• Provide you with reliable communication and 24/7 availability
• Provide you with the experience of lawyers who have recovered over $750,000,000 for clients and handled cases against government entities since 1990

Call us today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one was injured or killed in an accident which involved a government vehicle.