What Happens if You’re In an Accident with a Government Vehicle

From the mailbag:
My car was hit by a government vehicle. What should I do?

If you’re injured in an accident involving a government vehicle (such as a city bus, police car, fire truck, postal truck, military vehicle, etc.), there are several steps to follow in order to protect your health and legal rights, and seek compensation:

Get Immediate Medical Attention

Call 9-1-1 and report the accident. Request medical assistance, even if the injuries seem minor. You may not feel hurt right away, but some injuries take time to appear.

Be sure to document whatever medical care you receive, keeping detailed records of all treatments and medical expenses. Medical records can be crucial to your claim should you sue for damages.

Report the Accident

Ensure that law enforcement files an official accident report, as it can also be crucial for any claims. Get the responding officer’s name and badge number for future reference.

If Possible, Gather Evidence at the Scene of the Accident

Evidence can include:

• Photographs and Video—Images of vehicle damage, road conditions, traffic lights and signs, and any visible injuries.
• Written Notes—To remind yourself of the details while they are still fresh.
• Witness Information—Collect contact details from any witnesses present, in case witness statements are needed later.

Obtain Government Vehicle and Driver Information

Get the driver’s name, department name, agency affiliation, and vehicle license plate and identification number. Note any identifying details of the vehicle (such as, “City of [Your City] Public Works Truck”).

Important Note: Never, under any circumstances, discuss fault with the other driver. Simply exchange information.

Notify Your Insurance Company

Promptly report the accident to your insurer. Be factual, but avoid admitting fault or making recorded statements before speaking to a lawyer.

Understand the Claims Process Against Government Entities

• Sovereign Immunity—Ohio law provides certain immunities to government entities, which can complicate legal claims. Given that, it’s especially important to secure legal representation with the experience to navigate those complications.
• Notice of Claim—You may need to file a formal notice of your claim within a specific timeframe, often within six months of the incident.
• Submitting Your Claim—Your claim must be submitted to the correct government agency (city, state, or federal).
• Court of Claims—For claims against the state, you may need to file in the Ohio Court of Claims.

If your claim is denied, you may be able to file a lawsuit, but the process is more complex than a typical personal injury case.

Consult a Personal Injury Attorney

Incidents involving government vehicles are notoriously complicated, for a variety of reasons. If you’re the victim of an accident involving a government vehicle, it’s important to hire an attorney with the experience, staff, and resources to help you successfully make a claim and recover the largest settlement possible.

If you or a loved one are involved in a personal injury accident with a government vehicle, contact the attorneys at LaSalvia Law. We will fight to win you the compensation you deserve.