Who Is Responsible for a Crash Involving a Government Vehicle in Tallahassee?

A local or state agency may be responsible for damages in a collision involving one of its vehicles, but special rules apply, so you must act quickly to gather evidence and establish a claim. These accident cases are far more complex than the average car accident, so it is important to work with a personal injury attorney who understands how to navigate sovereign immunity rules, meet tight claim deadlines, and overcome arguments from government legal teams.

Here, we examine who could be held liable for a crash, when and how sovereign immunity rules apply, and how to succeed with a claim for injuries from a collision involving government vehicles in Tallahassee.

Who Could Be Held Legally Liable for a Government Vehicle Collision?

After a crash, it is important to determine what happened, whose actions caused the collision, and which parties could be held legally responsible for covering the accident’s costs.

Government Entities

Drivers in the Tallahassee area could be involved in a collision with vehicles owned and operated by a wide variety of government entities, including:

• City of Tallahassee (trash trucks, buses, utility repair trucks, etc.)
• Leon County (park maintenance vehicles, code enforcement, and administrative vehicles)
• State of Florida (highway patrol, wildlife conservation, administrative fleet)
• Sheriff’s Office of Leon County
• Tallahassee Police Department
• Leon County EMS
• Tallahassee Fire Department

As the state capital, Tallahassee has the highest concentration of state-owned vehicles in Florida. In addition to the state’s 27,000 cars, trucks, and SUVs, Tallahassee roads also carry nearly 3,000 city-operated vehicles and pieces of heavy equipment, as well as a variety of county vehicles. The risk of being in a collision caused by a government-owned vehicle driver is extremely high in our area.

Government Employees

If an employee driving a government vehicle was operating outside the “scope of employment,” the employer might be able to deny liability, and legal responsibility might rest solely with the employee. So the circumstances surrounding the crash can dramatically affect who is liable for causing a collision, regardless of who owned the vehicle.

Other Drivers of Third Parties

Even if the government vehicle is the most visible at a crash scene, the driver might not be the one whose actions triggered the collision. Fault could lie entirely with the driver of another vehicle or someone who caused the accident by putting debris in the road, interfering with visibility, or other actions.

Accidents often have multiple causes, and fault can be attributed to more than one party. It is important to conduct a thorough investigation as soon as possible to gather evidence that can be analyzed to demonstrate how and why an accident occurred.

Does Sovereign Immunity Protect Government Vehicles From Accident Claims in Florida?

Sovereign immunity is a long-standing legal concept that prevents lawsuits against the government unless it agrees to accept liability. Usually, when a government entity agrees to accept liability, severe limitations apply. The 11th Amendment to the U.S. Constitution provides general immunity to Florida and other states.

However, Florida has waived its sovereign immunity in certain situations, as explained in Section 768.28 of the Florida Statutes. A written notice of intent to file a claim must be sent to the involved agency and the Florida Department of Financial Services; then the state has about 180 days to review the claim before a lawsuit can be filed in court. This waiver of immunity, which allows lawsuits for negligence, applies to county and city governments in Florida, as well as the state government. However, the immunity waiver sets limits on how much an accident victim can recover.

So, the bottom line is that sovereign immunity limits recovery and sets procedural requirements, but it does not block you from suing the government if one of its drivers’ negligence triggers an accident.

FAQs About Accidents Involving Government Vehicles in Tallahassee

What special deadlines and limits apply when you’re filing a claim against the government in Florida?

For most government entities, you must file a written notice of claim within three years of the accident for injury claims and within two years for wrongful death claims. Accident victims cannot seek punitive damages when suing the government, and the maximum that can be recovered is $200,000 for an injury to one person, with a maximum total liability of $300,000 per accident if more than one person is injured.

What if you’re in an accident with a police or emergency vehicle?

Special rules apply when a government vehicle responds to an emergency. Driving practices that would otherwise be considered negligent may be acceptable when police, firefighters, or EMTs are responding to a call. However, actions do not have blanket immunity even in an emergency, so if you were injured by a vehicle in this type of situation, it is still a good idea to consult an attorney to determine whether recovery may be available.

Does sovereign immunity mean I cannot recover compensation?

No, Florida law allows claims against the government, but the waiver of sovereign immunity sets limits and requirements that must be followed.

What should I do if a City of Tallahassee vehicle hits my car?

If a city vehicle hits your car, and someone was injured in the crash or the damage is significant, you can protect yourself by:

• Calling 911 to get emergency assistance and have police make a report
• Seeking medical attention for injuries
• Documenting the accident scene
• Collecting contact information from witnesses
• Getting information about the government vehicle involved
• Consulting an attorney and avoiding discussions of what happened until you’ve received legal advice

If there are no injuries, you can still ask police to file a report you can use as evidence. Take photos of the scene and the vehicles, and contact your insurance company for further instructions.

If You’ve Been Injured in a Collision with a Government Vehicle in Tallahassee, Find Out How We Can Help

Crashes involving government vehicles are complicated, and government attorneys can make it very difficult to recover the compensation you deserve. Gather evidence to support your claim as quickly as possible.

At Searcy Denney Tallahassee, we know how to stand up to the legal teams insurance companies and government agencies hire, and we know how to meet the specific requirements needed to recover when a government entity is involved. We can start gathering evidence and communicating on your behalf so you can focus on healing. For a free consultation to discuss what may be possible in your case, call us at 888-549-7011 or contact us online today.