Why Crashes Involving Government Vehicles Are Different
Government-owned vehicles are involved in thousands of roadway crashes every year, including:
- Police vehicles
- Ambulances
- Fire trucks
- City buses
- Garbage trucks
- Postal service trucks
- Road maintenance vehicles
- State-owned pickup trucks or SUVs
- Military transport vehicles
- Public utility vehicles
Claims against government entities are subject to a legal principle known as “sovereign immunity.” This principle originated with the idea that “the king can do no wrong,” and protects government agencies from being sued without their consent. However, many states and the federal government have established statutory waivers that allow individuals to seek compensation for collisions involving government vehicles, provided certain conditions are met.
Federal Government Vehicle Claims
These claims are governed by the Federal Tort Claims Act (FTCA), which replaces standard personal injury procedures with strict federal requirements. To secure compensation under the FTCA, you must prove:
- Federal Employee Status:Â The driver must be a federal employee (e.g., USPS driver, FBI agent, or military personnel), not an independent contractor.
- Scope of Employment:Â The employee must have been performing official government duties at the exact time of the crash. If they were running a personal errand in a government vehicle, the government might not be liable.
- Negligence:Â You must prove the driver was at fault (negligent) according to the laws of the state where the wreck occurred.
The FTCA allows compensation for medical bills, lost wages, and pain and suffering, but you cannot sue for punitive damages. Before you can go to court, you must submit a formal claim to the specific federal agency responsible for the crash. The agency has six months to investigate and either offer a settlement or deny your claim. If your case goes to trial, it will be decided by a federal judge, not a jury.
State and Local Government Vehicle Crashes
While laws vary from state to state, most have carved out exceptions that allow injured people to file personal injury lawsuits under very specific, limited circumstances. Arkansas, for example, has established a motor vehicle exception to sovereign immunity that provides avenues for compensation when a crash involves a government vehicle:
- State Vehicles:Â When a collision involves a state-owned vehicle, such as one operated by the Arkansas Department of Transportation or the Arkansas State Police, injury claims must be brought before the Arkansas State Claims Commission.
- Local Government Vehicles: Arkansas law also requires municipalities and counties to carry liability insurance or self-insure the motor vehicles they operate. When a city or county vehicle—such as a police car, sanitation truck, or public works vehicle—causes a crash, an injured person may have a direct claim against the government entity’s insurance coverage.
To be awarded compensation in Arkansas, you must prove that a government employee was negligent while acting within the scope of their employment, causing you measurable damages. As is the case with federal government vehicle claims, you can’t pursue punitive damages against a state or local government agency in Arkansas.
Similar principles apply in Missouri and Oklahoma:
- Missouri:Â Allows claims for injuries caused by the negligent operation of government vehicles, but imposes statutory caps on damages in cases against government entities.
- Oklahoma:Â Requires strict compliance with the Governmental Tort Claims Act, including mandatory written notice and waiting periods before a lawsuit can be filed.
Dealing with a government bureaucracy is the last thing you need when you’re trying to recover from a serious crash. Our Arkansas car accident lawyers understand the issues that typically arise in government immunity cases, and we know how to navigate the maze of filings, deadlines, and procedural rules critical to protecting your claim. While you focus on healing, our team takes on the legal burden—leveraging all of our experience and resources to fight for every dollar of compensation you’re entitled to under the law.
How Our Arkansas Car Accident Lawyers Take on Your Fight
As staunch and determined advocates for the injured and wronged, our Arkansas car accident lawyers understand what it takes to go up against a powerful government entity. We know how these cases are evaluated, where claims are likely to break down, and what has to be done at the earliest stages to protect your rights and ensure strict deadlines and procedural rules don’t work against you.
- Plot the path forward:Â We’ll determine which government entity is responsible, whether the claim must go through a specific state agency or an insurance carrier, and what filings and notices are required to proceed.
- Deadlines and procedural requirements:Â We manage every required filing and deadline to prevent avoidable mistakes that could shut down your claim.
- Investigate liability and scope of employment:Â Our team examines how the crash happened, whether the government driver was acting within the scope of their job, and whether other parties may share responsibility.
- Pushing back against insurers:Â We’ll respond aggressively if the government’s insurance company attempts to delay, shift blame, or minimize your injuries.
- Accessible and transparent:Â You’ll always know where your case stands and what’s happening next. Our team is available 24/7, by phone and email, to address your concerns and provide the answers you need, when you need them.
- Protecting your financial recovery:Â Once your case settles, our attorneys help resolve medical liens and reimbursement claims, so that you can keep as much of your financial recovery as possible.
- Representation you can afford:Â We take government vehicle claims on a contingency-fee basis, meaning you pay nothing up front and we don’t bill by the hour. We only get paid if we win compensation for you.
Let’s Discuss Your Options
Don’t assume you can’t hold the government accountable for a motor vehicle crash. But the path to justice is narrow, and to succeed, you’ll need the help of an experienced, tenacious advocate with the know-how to move strategically and quickly.
Contact Caddell Reynolds Law Firm at 800-671-4100 or online to schedule your free case review. Our Arkansas car accident lawyers listen to your story, answer your questions, and explain exactly what it will take to secure the compensation you deserve.
