How to Determine Liability in Accidents Involving Government Vehicles
If you have been in a collision, you know how overwhelming the whole situation can be—the paperwork, insurance claims, and sometimes legal battles. It can become a lot more complicated when a government vehicle is involved in an accident. Unlike your everyday fender bender, crashes involving government-owned cars, like police cruisers, fire trucks, or even city maintenance vehicles, follow a different set of rules when it comes to liability and compensation. So, how do you figure out who is legally responsible?
What Is a Government Vehicle?
A government vehicle is any automobile owned, leased, or operated by a federal, state, or local government agency. This includes:
- Police and sheriff vehicles
- Fire department trucks
- Ambulances
- Postal service trucks
- City or state vehicles used for transportation, public works, or maintenance
The driver of such a vehicle could be a government employee performing official duties or just someone using the car off-duty, which significantly affects liability.
Who Could Be Liable?
There are three parties to examine when determining liability:
The Government Agency
If the employee driving the vehicle was acting within the scope of their job, the government agency is usually liable. This is known as “vicarious liability.” For instance, if a city sanitation worker runs a red light during their route and causes a crash, the city could be held responsible for damages.
The Individual Government Employee
Suppose the employee was acting outside the scope of their official duties, such as running personal errands in a city vehicle. In that case, the liability might fall on them personally rather than on the agency.
You (the Other Driver)
If you were at fault, let’s say you failed to yield, you may be liable, regardless of the government vehicle’s involvement. Insurance companies and investigators will look at standard indicators of fault, such as eyewitness statements, traffic camera footage, and accident reports.
Special Legal Rules and Protections
One of the biggest hurdles in these cases is that government agencies are protected by sovereign immunity, a legal doctrine that shields them from lawsuits in many instances. However, this does not mean you cannot sue a government entity; it just means the process is more complicated.
Federal Tort Claims Act (FTCA)
For federal government vehicles like USPS trucks, the FTCA outlines how and when you can sue the federal government for negligence.
State Tort Claims Acts
Each state has its version of this law, which governs lawsuits against state and local entities. In Oklahoma, for example, there are strict notice requirements and deadlines for filing a claim, often between 90 and 180 days after the accident.
What Should You Do After the Accident?
If you have been in a collision with a government vehicle:
- Call the police and get an official accident report.
- Exchange information with the driver and note their department and vehicle ID.
- Take pictures of the scene, including damage, traffic signs, and skid marks.
- Identify witnesses and get their contact information.
- Seek medical attention, even if injuries seem minor.
- Contact an experienced personal injury attorney who understands claims involving government entities.
Why Legal Help Matters
Because of sovereign immunity, short claim deadlines, and agency-specific rules, these cases require careful handling. An experienced lawyer can help you:
- Determine liability
- File claims with the appropriate government entity
- Gather supporting evidence
- Negotiate with insurance or government legal departments
- File a lawsuit if needed
Conclusion
Crashes involving government vehicles are anything but ordinary. The involvement of public agencies introduces extra layers of legal complexity. Whether you are dealing with a local fire truck or a federally owned vehicle, determining liability comes down to understanding who was at fault, what the driver was doing at the time, and which legal rules apply. Understanding your rights and the government’s responsibilities is the first step toward securing fair compensation.
Further Reading
