Differences in Public Versus Private Vehicle Accidents

Car crashes with other private individuals often proceed through the drivers’ insurance companies, and drivers are held responsible by identical standards. In the aftermath of accidents involving public vehicles, cases involve government agencies and how these drivers are held liable differs.

Accidents involving public and private vehicles differ in the timelines and the liability that governs them. An experienced Phoenix car accident lawyer can help you navigate your claim and settlement regardless of who was behind the wheel of the other vehicle.

Private Vehicle Accidents

A private vehicle accident is one involving individuals who are driving personal vehicles. This can even exclude an individual driving a company-owned car, and it definitely excludes a vehicle owned and operated by a government agency.

The vast majority of accidents fall into the category of a private vehicle accident. The process is relatively simple. Various parties will:

• Report and document the accident
• Submit medical bills and other damages
• Investigate fault
• Negotiate with an insurance adjuster
• Reach a settlement or file a lawsuit within two years of the date of the accident

That timeline is important. In private vehicle accidents, individuals have two years after the accident to file a lawsuit. This timeline can change depending on some details, so it’s always best to speak with a lawyer, but the baseline for all cases is two years.

Arizona is a comparative fault state, meaning that each person involved in an accident is financially responsible relative to their responsibility for the crash. Even a driver found to be only ten percent responsible is obligated to cover ten percent of the damages.

Public Vehicle Accidents

There are a variety of publicly owned vehicles that are operated by government entities. These include:

• Police vehicles
• Fire trucks
• City buses
• State agency vehicles
• Postal service vehicles

When a government employee is involved in a crash while acting within the parameters of their state-paid or federally-paid job, the claim is usually brought against the public entity itself. Instead of filing a claim against an individual and their insurance company, you’re filing a claim against the state or national government.

Public Vs. Private Vehicle Accidents in Arizona

Key Differences

Notice of Claim

The first step along the timeline that separates private from public accidents is the Notice of Claim. This document:

• Describes the accident
• Explains the legal basis for the claim
• Lists a specific dollar amount sought for compensation
• Explains how that amount was calculated

This Notice of Claim must be completed accurately and submitted to the government within 180 days of the accident. No such legal step has to be taken in accidents with private vehicles, but in cases against public vehicles, if it’s submitted late or incomplete, the claim will be barred from being filed at all.

Liability

Private citizens are held to identical standards, many of which are determined by local traffic laws. This is not true of public vehicles.

For example, police cars and ambulances may run red lights or speed under certain circumstances. A misconception about government vehicle liability is that the people operating these vehicles can do whatever they want in times of emergency. 

In fact, they are still obligated to navigate the road using reasonable care. As you might guess, this can be difficult to establish. Thankfully, there is often different evidence available in accidents involving public vehicles.

Evidence

Many government vehicles keep strict records, and these can stand as evidence in accident cases. Dispatch logs, dash cam recordings, and body cam footage can all be requested by attorneys and added to the body of evidence seeking to establish fault.

Understanding the Difference

In addition to the differences listed above, there are other differences between private and public vehicle accidents, including negotiations, documentation requirements, and the involvement of risk management departments. While these differences aren’t necessarily present in laws or on paper, the process can be very different in practice. A skilled attorney will be familiar with these differences, and can help you navigate them with ease.

Gage Mathers has years of experience defending victims in Arizona, and we can give you expert legal advice after an accident with a police vehicle or other public entity. Call today to make sure you understand the differences and follow the right timeline to get the settlement you deserve!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
JD’s Profile