What to Do If You’re Hit by a City or County Vehicle in Florida
If you’ve been hit by a city garbage truck, a county transit bus, or a maintenance vehicle owned by a government agency in Florida, your situation is not like a typical car crash. Accidents involving government vehicles trigger a unique legal process governed by sovereign immunity and the Florida Tort Claims Act.
This guide explains everything: how these cases work, what steps to take immediately, how to file a claim, and why legal representation is often necessary.
What Is Considered a Government Vehicle?
Defining Government-Owned Vehicles
A government vehicle is any automobile owned and operated by a public entity. In Florida, this includes city, county, and state departments that perform services like transportation, waste management, public works, or emergency response.
Examples of Government Vehicles Involved in Accidents
Accidents may involve a city garbage truck, a county bus operated by public transit, a water utility truck, a Florida Department of Transportation vehicle, or even a fire truck not responding to an emergency. These vehicles are often large, frequently stop in traffic, and pose unique dangers on the road.
Why Government Vehicle Accidents Are Treated Differently
Private vs. Public Sector Legal Process
If you’re hit by a private driver, your case typically goes through the driver’s insurance and, if needed, the civil court system. But with government vehicles, your legal options are limited by sovereign immunity laws.
What Is Sovereign Immunity?
Sovereign immunity is a legal doctrine that protects government agencies from lawsuits unless they consent to be sued. In Florida, this protection is partially waived under the Florida Tort Claims Act, but with strict limitations.
When Can You Sue the Government in Florida?
Conditions That Must Be Met
You may have the right to file a claim if the accident:
- Was caused by a government employee
- Happened while the employee was performing job duties
- Involved negligent conduct (not intentional harm)
If these conditions are met, the government agency may be held legally responsible.
Situations That May Disqualify Your Case
Your claim may be denied if:
- The driver was not a direct employee (e.g., a contractor)
- The employee was using the vehicle for personal reasons
- The claim involves intentional or criminal misconduct
Overview of the Florida Tort Claims Act
What the Act Allows
The Florida Tort Claims Act is the law that gives injured people the right to sue a Florida government entity for negligence. It provides a way around sovereign immunity but also includes many legal restrictions and requirements.
Limitations Imposed by the Act
There are damage caps on compensation, strict deadlines for submitting a claim, and a required waiting period before a lawsuit can be filed. You must follow this process exactly or risk having your claim thrown out.
Legal Deadlines and Waiting Periods
Three-Year Time Limit for Filing Notice
You have three years from the date of the accident to file a written notice of claim with the correct government agency. This is not the same as filing a lawsuit—it’s a mandatory step before you’re even allowed to sue.
180-Day Investigation Period
Once your claim is submitted, the agency has 180 days to investigate. You may not file a lawsuit during this period unless the claim is formally denied sooner.
What to Do Right After the Accident
1. Prioritize Your Health and Safety
Get medical help immediately. Even if your injuries don’t seem serious, internal or delayed symptoms could worsen. Documenting medical treatment is also essential for your legal claim.
2. Contact Law Enforcement
Make sure a police report is filed. This creates an official record of the incident, which supports your case and verifies your version of events.
3. Gather Information on the Scene
If you can, collect details about the government driver, vehicle, and department. Record the license plate, employee name, and agency affiliation. Take photos and videos of damage, road conditions, traffic signs, and any injuries.
4. Speak to Witnesses
If others saw the accident, get their contact information and ask for short statements. Their testimony can help confirm your account of what happened.
Filing a Claim Against a Government Agency
Drafting Your Notice of Claim
The notice must include:
- Your name and contact information
- Date, time, and place of the accident
- Description of the incident and damages
- Names of involved parties (if known)
Make sure your claim is factually accurate and detailed. It’s often best to have an attorney draft it for you.
Where to Send the Claim
Send your notice to the appropriate agency:
- For state agencies, submit to the Florida Department of Financial Services
- For city or county vehicles, contact the city or county’s risk management or legal department
Always send your notice via certified mail and keep proof of delivery.
What Happens After the Claim Is Filed?
Government Response Options
The agency may:
- Accept liability and negotiate a settlement
- Request additional evidence or clarification
- Deny the claim
If no resolution occurs within 180 days, you may file a lawsuit.
Avoid Filing Too Early
Filing a lawsuit before the waiting period ends (unless the claim is denied) may lead to your case being dismissed. Patience and proper timing are essential.
Limits on How Much Compensation You Can Receive
Florida’s Compensation Caps
Even if you win, Florida limits your recovery:
- $200,000 per individual
- $300,000 total per incident
These caps apply no matter how serious the injuries or how many people are affected.
Can You Receive More Than the Cap?
In rare cases, the Florida Legislature may pass a claims bill to allow a higher payout, but this is extremely uncommon and usually reserved for cases of severe negligence or public outcry.
Types of Damages You Can Recover
1. Medical Expenses and Lost Income
You may recover compensation for hospital bills, surgeries, therapy, prescriptions, and any future medical care required due to the accident. Lost income from time away from work is also included.
2. Property Damage
If your vehicle or personal items were damaged, you can seek reimbursement for repairs or replacement.
3. Pain and Suffering
Although hard to quantify, emotional distress, chronic pain, and reduced quality of life may be factored into your total compensation—up to the capped amount.
Why You Need an Attorney for Government Vehicle Cases
Legal Complexity
Claims involving government entities are not routine. They involve legal traps that can invalidate a case before it even reaches court. A personal injury lawyer ensures all deadlines, documents, and notices are handled correctly.
Leveling the Playing Field
Government agencies have legal departments that exist solely to minimize payouts and defend against lawsuits. Having your own attorney ensures that you’re not outmatched or undercompensated.
Frequently Asked Questions About Government Vehicle Accidents in Florida
What should I do if I’m hit by a government vehicle in Florida?
If you’re involved in a crash with a government-owned vehicle—such as a city garbage truck, county bus, or state utility vehicle—the first step is to ensure your safety and seek immediate medical attention. After that, report the accident to law enforcement so that an official police report is created. Try to collect information about the driver, the government agency involved, and any witnesses. If possible, take photos of the scene, vehicle damage, and road conditions. As soon as you are able, contact a personal injury lawyer experienced with sovereign immunity and government liability claims. This type of case requires specific procedures that differ significantly from regular auto accident claims.
Can I sue the city, county, or state after a vehicle accident?
Yes, you can sue a government entity in Florida, but only if certain legal conditions are met. The accident must have been caused by a government employee who was acting within the scope of their official duties at the time of the incident. The Florida Tort Claims Act allows individuals to file claims for negligence against state and local governments, but it imposes strict notice and filing requirements. You must submit a written notice of claim before you are allowed to file a lawsuit, and you must wait 180 days for the agency to investigate before taking legal action, unless your claim is denied earlier.
How long do I have to file a claim against a government agency in Florida?
In Florida, you generally have three years from the date of the accident to file a formal notice of claim with the appropriate government agency. This notice is not the same as filing a lawsuit—it is a required step that starts the process. After submitting the notice, the government has 180 days to respond, during which you may not file a lawsuit unless the agency denies your claim in writing. If the agency does not respond within that time, you may proceed with litigation. Missing any part of this timeline may result in losing your right to seek compensation.
Is the process different if I’m hit by a city or county vehicle instead of a state vehicle?
The basic legal process is similar regardless of whether the vehicle was operated by a city, county, or state agency. However, the agency you notify will differ. For state agencies, your notice must go to the Florida Department of Financial Services and the relevant department. If the vehicle belongs to a city or county, such as a municipal bus or garbage truck, your notice should be sent directly to that local government’s risk management or legal department. It’s essential to identify the correct government entity and send your claim to the appropriate office.
Can I recover compensation for my injuries and damages?
Yes, if the government entity is found to be liable, you may recover compensation for a variety of damages. This includes medical expenses, future medical treatment, lost income, pain and suffering, and property damage. However, under the Florida Tort Claims Act, your total compensation is capped at $200,000 per person and $300,000 per incident, regardless of how serious your injuries are or how much financial loss you experienced. In rare cases, if the damages are higher and justified, a special claims bill may be passed by the Florida Legislature to authorize payment beyond those caps, though this is uncommon.
Contact Lawlor, White & Murphey Today
If you’ve been hit by a city, county, or state vehicle, your time to act is limited. The legal process is filled with small but critical steps, and missing one could cost you your entire claim.
Talk to an experienced Florida personal injury attorney who understands sovereign immunity and knows how to hold government entities accountable. A skilled lawyer can handle the legal complexities while you focus on healing and rebuilding.
Don’t wait. Contact Lawlor, White & Murphey today and take the first step toward justice and compensation.