Government Liability for Auto Accidents Text Size:

When an auto accident involves a government entity or employee (acting in official capacity), you may find it difficult, but not impossible, to sue. A policy known as sovereign or governmental tort immunity protects government agencies or employees escape liability for their actions (or omission or failure to act) even if they would have been liable if they were acting as a private entity or individual.

As a result, federal, state and local governments must give consent to be sued, which is commonly referred to as a waiver of sovereign immunity. This immunity exists to prevent judgments for money against the government because they would be paid with taxpayers' dollars.

Waiver of Sovereign Immunity Laws

The federal government and most states provide limited waivers of sovereign immunity that allow them to be sued for personal injury accidents caused by a government employee, for accidents involving government-owned vehicles or for accidents caused by dangerous highway conditions.

The Federal Tort Claims Act (FTCA) waives the sovereign immunity of the federal government and permits private parties to be sued for acts committed by persons acting on behalf of the United States (28 USC §§ 2671-2680). The FTCA allows people to recover damages against the federal government for failure to exercise legal care of a federal employee or entity acting in official capacity.

Federal law governs the procedures used to notify the government of an intent to file a lawsuit, as well as the actual filing of the lawsuit. However the state, where the event occurred, will determine whether the government was responsible for the incident. For example, John Smith files a lawsuit in Kansas against the National Weather Service for not providing enough warning before a deadly tornado. John will follow the FTCA's rules for notifying the government of the lawsuit, but the case will be heard in Kansas and the judge will follow Kansas law in determing whether the National Weather Service is at fault.

Vehicle Liability Exception to Government Immunity

One of the more common exceptions to government immunity, where the government may be liable for its actions, is automobile accidents, when government employees are involved. These accidents typically involve situations with emergency vehicles, such as a police car in a chase, fire trucks rushing to a fire or ambulances rushing through intersections to get to the hospital.

Requirements for Claim under Vehicle Liability Exception

The general requirements for bringing an auto lawsuit against a governmental entity, state, city, or employee under this exception, it must:

• Be owned or leased by the government entity
• Be operated by a public employee while performing their job

Emergency Situations are Different

The rules are usually different when a real emergency occurs. In real emergencies, the government is given great leeway to respond. But this differs and depends whether or not the emergency vehicle had its siren and lights on so that the emergency crew could respond while preserving the public's safety. Generally, it's very difficult to pursue a lawsuit against a government agency for an accident which occurs while an emergency vehicle has its siren and overhead lights activated.

Dangerous Highway Condition Exception to Government Immunity

Hazardous highway and road conditions are grounds for claims arising for injuries and damages. Some of the conditions that apply are:

• Roadside hazards
• Sight obstructions
• Pavement edge drops
• Construction zones that aren't properly marked
• Rail-highway grade crossings

Usually, responsibility for dangerous highway conditions rests with the state or federal agencies responsible for their construction and control. Depending on the circumstances of the accident, private companies who contract with government agencies to perform highway repair, modification, construction or maintenance may also have legal liability.

The person injured by a highway defect must establish evidence of the following: that the roads presented a dangerous condition to the highway and duty of care was neglected for allowing or creating the hazard.

How a Lawyer can Help

When attempting to file a lawsuit against a government or state agency or office, the complexity of the issues, including immunity, make it important that you have your facts straight. A lawyer in your corner can help you understand the technical procdures and deadline that vary from state to state.

Questions for Your Attorney

• I was rear-ended by another car when I stopped for an ambulance that had its siren on and flashing lights, but was not responding to an emergency. Besides suing the person who rear-ended me, can the government and the driver be held liable for my injuries?
• I was hit by a police car during a police chase. If the police are immune from a lawsuit, can I sue the person they were chasing for my damages?

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