Skip to content
Who Is Liable if a Government Vehicle Hits You?
Government ownership does not automatically prevent you from seeking compensation. But the rules depend on who was driving the vehicle and what the driver was doing at the time of the crash.
How do you identify the responsible party?
Start by finding out who owns the vehicle and who employs the driver. A city sanitation truck involves different claim rules from a vehicle operated by a federal employee. The name on the door may help, but it does not answer every question.
A private contractor may also drive a vehicle while doing work for a government agency. That arrangement does not automatically make the driver a government employee. Your lawyer can review the working relationship and determine which parties may be responsible. Records of the driver’s assignment can also help show whether the trip was connected to the job.
Can a city or county be held liable?
Local governments have legal protection called governmental immunity. Tennessee’s Governmental Tort Liability Act generally removes that protection for injuries caused by an employee’s negligent driving within the scope of employment. This means the driving must be connected to the employee’s work under the applicable legal rules.
For a covered driving claim, you generally pursue the local government rather than suing its employee personally. You still need to prove that negligent driving caused your injuries. Special emergency-driving protections can affect some claims involving police vehicles.
A lawsuit under this Act generally must be filed within 12 months after the claim arises. For a typical crash injury, that usually means 12 months from the collision. Reporting the crash to the city does not automatically satisfy this deadline.
What if the vehicle belongs to Tennessee?
Claims against the State of Tennessee follow a separate process. State law allows claims for negligent operation or maintenance of motor vehicles in covered circumstances. You must show how the conduct caused your injuries, rather than relying only on the vehicle’s ownership.
A personal injury claim generally begins with written notice to the Tennessee Department of Treasury’s Division of Claims and Risk Management within one year. The claim may later proceed to the Tennessee Claims Commission. If the Division denies it, you generally have 90 days from the denial notice to file with the Commission.
Do not assume that speaking with the driver’s department starts this process. Have a lawyer confirm that the required notice reaches the proper office on time.
What if a federal employee caused the crash?
A crash caused by a federal employee working within the scope of employment may fall under the Federal Tort Claims Act. In a covered case, the claim is against the United States. You must first present a written claim to the appropriate federal agency before suing.
The agency generally must receive the claim within two years after it arises. The claim must include a specific dollar amount for the compensation you are seeking. A police report alone does not meet those requirements.
If the agency mails a final denial, you generally have six months from that mailing to file a federal lawsuit. If it has not made a final decision within six months after receiving your claim, you may generally choose to proceed with suit. Ask a lawyer to confirm the filing dates and whether this process applies.
Could being partly at fault affect your recovery?
Government vehicle claims still require a careful review of how the crash happened. The agency may argue that your own driving contributed to the collision. Its position does not settle the issue.
Tennessee generally allows recovery when you are less than 50% at fault, with compensation reduced by your share of responsibility. If you are 50% or more at fault, recovery is barred under that rule. Evidence from both sides can help establish how responsibility should be divided.
What should you do after the crash?
Stop at the scene and call law enforcement. If you or someone else is injured or needs emergency medical help, call 911. Please get documentation for the collision. If it is safe to do so, obtain the driver’s information and make a note of the name of the agency.
Call for medical help right away. Tell the provider how the crash happened. Keep a record of your symptoms and follow your treatment plan. Notify your own auto insurance company as required by your policy. Ask whether your coverage can help with repairs while the claim is being investigated.
Keep any letters or forms you receive about the collision. Before signing a release, have your lawyer explain which claims it would end.
What evidence can support your claim?
If it is safe, photograph the damage and the surrounding road. Get witnesses’ contact information and save original dashcam footage. Write down what you remember before details become harder to recall.
Government records may help explain the driver’s actions. A work schedule or assigned route may show why the driver was on that road. Vehicle records may help investigate a suspected maintenance problem.
A Tennessee car accident attorney can request that relevant evidence be preserved. This may include video or records showing the vehicle’s movements. Ask for help soon because some records may be erased under routine retention policies. Keep your medical bills and proof of missed work as well.
What compensation could be available?
A successful claim may cover reasonable medical expenses caused by the crash. Future treatment costs may also be included when supported by evidence. Lost income and pain and suffering may be recoverable, too.
Government claims can have limits on the amount you recover. Local government injury claims generally have limits of $300,000 per person and $700,000 per occurrence, although an express waiver in an insurance policy can affect those limits.
Covered injury claims against Tennessee generally have limits of $300,000 per claimant and $1 million per occurrence, subject to applicable insurance exceptions.
Vehicle damage may also be part of your claim, with different limits potentially applying. Save repair estimates and receipts. Your lawyer can review the losses you can prove and the limits that apply to each responsible party.
How can Rocky McElhaney Law Firm: Car Accident & Injury Lawyers help?
You should not have to guess which government office should receive your injury claim. Rocky McElhaney Law Firm: Car Accident & Injury Lawyers can investigate the crash and identify the claim process that applies. Our team can review the available records and help protect your filing deadlines.
Call or reach out online to speak with a Tennessee car accident attorney about your injuries. We will explain your options and how we can help you seek compensation while you focus on getting care.