What to Do When a Car Accident Involves a Government Vehicle in Oklahoma

Police departments, fire departments, the Oklahoma Department of Transportation, Tulsa County, and other governmental agencies regularly use their vehicles to assist local communities. The drivers of police cars, fire engines, construction vehicles, road repair vehicles, and other vehicles are not immune from causing accidents when they respond to emergencies or when they perform their duties.

Our Tulsa car accident lawyers understand when an individual driver may be liable for their actions and when their employers may be liable for the employees’ negligence. We also understand how car accident claims against governmental employees, agencies, and entities are the same as other car accidents and how they are different.

What are the different types of government vehicles used in Tulsa?

A government vehicle is any vehicle that a governmental agency or entity owns or leases. In addition to being used for governmental business, employees may also be able to use these vehicles for their personal use.

The vehicle may include:

• Police vehicles
• Fire trucks
• School buses
• Utility vehicles
• Ambulances
• Park and recreation vehicles
• Many other vehicles

Liability issues when a car accident involves the driver of a government vehicle

There are legal issues that apply specifically to crashes involving government-owned and operated vehicles.

Governmental immunity

Oklahoma, like most states, protects many of its governmental agencies and political subdivisions from claims of negligence. This type of protection (law) is called governmental immunity or sovereign immunity. The law, known as the Governmental Tort Claims Act, can waive its immunity if the terms/conditions of the law are met. The purpose of governmental immunity is to prioritize serving the public. Oklahoma law specifically provides:

The State of Oklahoma does hereby adopt the doctrine of sovereign immunity. The state, its political subdivisions, and all of their employees acting within the scope of their employment, whether performing governmental or proprietary functions, shall be immune from liability for torts.

“Political subdivisions” include all counties, municipalities, and school boards in Oklahoma – and other political subdivisions.

The terms and conditions claimants must meet so that immunity does not apply

Car accident victims can typically file a claim against a governmental agency or entity if they meet specific requirements that our experienced Tulsa car accident lawyers will handle for you. These requirements include:

• Generally, before you can file a lawsuit, you must give the governmental agency/entity notice that you have a personal injury claim. The notice should contain:
  • The date and time of the car accident
  • The location of the car accident
  • The circumstances around the claim
  • Your name, address, and phone number
  • Our contact information
  • The names and addresses of the healthcare providers who have/are treating you and a HIPAA compliance form for each healthcare provider
  • Documentation of your lost earnings
  • Information about any property damage, including the amount of loss
  • Other information that may be necessary
• In addition to having the information outlined above, notice must be given to the correct entity in a timely manner. In almost all cases, the deadline to give notice will be one year from the date of the wrongful conduct.

The governmental agency/entity will then have 90 days to respond before you can file a personal injury or wrongful death lawsuit. You generally have 180 days from the end of the 90-day period or a denial by the agency/entity – whichever occurs sooner. Failing to provide timely notice initially or to file suit after receiving a denial can bar an individual’s claims completely.

Caps on car accident claims against governmental agencies or entities

There are caps on what you can recover if you have a claim against the government. The total liability of the state and its political subdivisions on claims arising out of an accident are as follows:

• $25,000 for property damage
• $125,000 for the total claim – if the population of the city or county is less than 300,000 people
• $175,000 for the total claim – if the population of the city or county is more than 300,000 people. The populations of the city of Tulsa and Tulsa County are both more than 300,000
• $1,000,000.00 for multiple claims arising out of a single occurrence or accident

Why are governmental agencies liable for car accidents?

Employers are typically liable for the negligent acts of their employees. For example if a driver’s speeding causes an accident, the driver’s employer is liable for any injuries or deaths as a result of its employee’s acts while in the course and scope of his or her employment. In this way, governmental agencies/entities are liable if the driver of a governmental vehicle causes your accident.

A governmental entity or agency may also be liable if they:

• Fail to conduct background checks on their employees
• Fail to regularly inspect and maintain their vehicles
• Fail to properly train their government employees

Governmental agencies and entities may be exempt from accident claims in certain circumstances. Our attorneys are versed in and able to explain if those circumstances apply to your claim. For example, the government may be exempt if a traffic signal malfunctions and the government does not have a reasonable amount of time to repair or replace the traffic signal.

At Biby Law Firm Injury and Accident Lawyers, we understand the unique challenges involved when the person responsible for your accident was driving a government vehicle. We’re ready to analyze your claim, including who is responsible and whether sovereign immunity applies. Our team fights for all the compensation our clients deserve.

Please call us or fill out our contact form to schedule a free one-on-one case consultation with one of our attorneys.