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What to Know About Accidents Involving Government Vehicles

Key Takeaways

  • Under the Federal Tort Claims Act, injury victims sue the federal government itself, not the individual employee who caused the harm.
  • You must file an administrative claim on Standard Form 95 within two years of the incident, listing an exact dollar amount, before you can file a lawsuit.
  • FTCA claims can recover medical expenses, lost wages, and pain and suffering, but never punitive damages. This amount is capped by what you list on your administrative claim.

In This Article

two toy cars facing each other in front of a person with pen and paper

In a typical North Carolina car or truck accident, victims exchange insurance cards with the at-fault driver and follow the standard process for filing an insurance claim. However, when the at-fault vehicle is a government car, truck, or other vehicle, victims must follow a special procedure to pursue justice. Our personal injury attorneys are skilled at fighting for accident victims and their families under the Federal Tort Claims Act. If you or a loved one was injured in an accident involving a government vehicle, contact us to get started on the road to justice today.

The Federal Tort Claims Act

Suing a private citizen or corporation for personal injury is common today. However, suing a federal government employee for the same reason is complicated by the doctrine of “sovereign immunity,” which prevents private citizens from suing a government agency without its permission. If your injury was caused by a negligent government employee, you still have recourse, but it looks very different. Under the Federal Tort Claims Act (FTCA), you have the option to pursue compensation. However, pursuing compensation from a government employee acting within the scope of their job is distinct from a typical personal injury case. Instead of naming an individual as the defendant who caused harm, your claim will be against the government. 

When the FTCA Applies

The Federal Tort Claims Act covers crashes caused by federal employees acting within the scope of their employment. Common FTCA case examples include:

  • Motor Vehicle Accidents – A postal truck, VA shuttle, military vehicle, or GSA-fleet sedan causes a collision
  • Slip and Fall Injuries – A fall in a post office lobby, Social Security office, federal building, or on park service property
  • Medical Malpractice – Misdiagnosis, surgical error, medication error, or delayed treatment at a VA hospital or clinic

What To Expect

When a negligent driver is responsible for injuring you, you have the right to pursue compensation. If the at-fault driver is an on-the-clock government employee in a government vehicle, for example, a postal worker making deliveries, the process changes.  Here are the two main steps of an FTCA case:

  1. Fill out Standard Form 95: Complete the administrative claim and send it to the head of the agency against which you are making your claim.
  2. File Suit in Federal Court: If the agency denies your claim (or does not respond at all) after 6 months, you have the right to file suit.

How to Start Your Claim

Under the FTCA, victims must first submit an administrative claim, usually using Standard Form 95 (SF-95), before initiating a lawsuit. This form, titled “Claim for Damage, Injury, or Death,” is a one-page federal document that officially requests compensation from the government. It should be submitted to the agency that employed the responsible individual. For example, if you were hit by a postal worker delivering mail, you would submit to the Post Office. The claim must be filed within two years of the incident and must specify an exact dollar amount, known as a “sum certain.” Claims lacking this specific amount are invalid. The agency then has six months to investigate and respond, either by paying, offering a settlement, denying in writing, or, if no response is given, treating it as a denial.

Damages

An accident caused by a government vehicle and operator still allows victims to pursue compensation. Like a normal personal injury claim, victims can pursue payment for medical expenses, lost wages, and pain and suffering. However, claimants cannot sue the Federal government for punitive damages, which are intended as punishment rather than compensation. Crucially, what you can recover is capped by what you put on our administrative claim. The government refers to the “sum certain” amount you list on SF-95, so it’s imperative that this number fully captures all the damages you suffered. An experienced injury attorney can help guide you through this process to ensure you get the most from your claim.

💡Did you know?

Attorney's fees are capped under the FTCA at 20% for administrative claims and 25% for judgement or settlement.

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An FTCA claim is different from a typical car accident case. A single mistake, such as an incomplete SF-95, a missing “sum certain,” or sending the claim to the wrong agency, can end your case before it reaches court. You only have two years from the incident date to file your administrative claim, and the amount you list on that form limits what you can recover. That’s why it’s important to have an experienced personal injury attorney from the start. At Maginnis Howard, our attorneys understand how federal claims work and can help you pursue the compensation you deserve after an accident caused by a government vehicle. If you or a loved one was injured by a federal employee in a government vehicle accident. Contact Maginnis Howard today for a free consultation and let us help you seek justice.

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