Misconceptions About Government Vehicle Liability

Many people in Arizona are often confused about what to do when they’re involved in an accident with a government vehicle, mainly because government agencies are protected against lawsuits under certain circumstances.

A good Phoenix car accident attorney should be familiar with the misconceptions about government vehicle liability to guide you properly when filing a claim against a government vehicle.  

What Qualifies as a Government Vehicle?

Most Americans don’t know the differences in public vs private vehicle accidents because they mistake certain private cars for government vehicles. Some vehicles that look like government entities are actually private, state-subsidized, or state-funded entities.

Here are common types of government vehicles in Arizona:

• Garbage trucks
• Fire trucks, police cars, and ambulances  
• School and city buses
• Mail trucks
• Official vehicles for federal, state, and government employees

Myths About Government-Owned Vehicle Liabilities

Government Can’t Be Sued

This misunderstanding comes from the idea that all government entities are protected under the Sovereign Immunity Act. However, the Arizona Tort Claims Act makes it possible for victims of accidents caused by government vehicles to sue the government agency involved and recover damages, especially if the government employee causes the accident while performing their official duties.

Although the immunity act protects the government against legal action for incidents that occur when performing certain functions, it can be sued for negligence, especially if the accident occurs when the employee is performing their official duties. For instance, if a police car or mail truck knocks you down or damages your property during work hours, you can sue the government for damages. 

However, if the driver was off-duty during the accident, the government cannot be held legally responsible. Additionally, you can’t sue the government if the driver was under the influence of alcohol or other substances; In this case, you can only sue the driver individually.

Government Cars Don’t Have Insurance Coverage

Some people assume that government vehicles aren’t insured because they belong to the state. However, government vehicles are often insured. Nevertheless, some government entities insure their cars internally. They also have funds set aside for compensating victims when they cause accidents.

It’s a Simple Case

Many accident victims assume that filing a claim against a government vehicle is the same process as suing a private entity, but unfortunately, it’s not. Dealing with a government entity is a complex legal process that involves filing a formal notice with strict deadlines.

In Arizona, you have to file your Formal Notice of Claim with the relevant offices within 180 days after the accident. The immunity clause, which covers government agencies, also makes these cases complex.

Handling a Government-Involved Car Accident?

Several steps must be taken immediately after an accident with a government-owned vehicle to ensure a successful claim. They include:

• Reporting the accident to the relevant authorities
• Documenting everything at the scene of the accident
• Finding a good accident lawyer in Arizona

Reporting the Accident

The first thing you should do after a car accident is to call the police. Ask the eyewitnesses at the scene to make the call if you’re unable to. This helps notify the police and first responders about the accident.

It’s necessary for documenting the accident, securing the scene, and ensuring the people involved get emergency medical assistance. These reports will help you file a successful accident claim.

Documenting the Scene of the Accident

Take photos of the accident, showing the extent of the damage to both cars and the injuries suffered. This is what will support your claim when pursuing compensation. Ask the eyewitnesses and media personnel at the scene for assistance to document the scene and their contacts for evidence gathering.

Hiring an Attorney

You need a qualified and experienced car accident attorney to file an accident claim against a government vehicle due to the complexities involved. Their main roles include filing claims, representing you in a lawsuit, and calculating lost future income damages.

In Conclusion

Seeking damages from a government entity following a car accident is a complex process that involves filing notices of claim within specific durations and determining liability. Work with a respectable law firm like Gage Mathers to help you file a successful claim!

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
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