What Happens If You’re Injured in a Crash with a Government Vehicle?

If you or a loved one has been catastrophically injured in a crash involving a government vehicle in New Jersey, you have legal rights. However, these cases can become complicated. This is because pursuing justice against a public entity can involve special rules, strict deadlines, and extra hurdles. What do you need to know, and why can having an experienced New Jersey personal injury attorney help your case? 

How You Can Identify Government Vehicles 

Government-owned vehicles are all over the roads, and they operate under a wide range of departments and agencies (local, state, federal). Some of the most common government vehicles involved in motor vehicle crashes include: 

• Public transportation buses (NJ Transit, municipal shuttles) 
• Police cars and sheriff’s vehicles 
• Fire trucks and emergency response vehicles 
• Municipal work trucks (plow trucks, garbage trucks, road maintenance vehicles) 
• United States Postal Service (USPS) delivery trucks 
• Military vehicles (on base or traveling on public roads) 
• State or county-owned utility vehicles 
• School buses operated by public school districts 

Can You Sue the Government After a Crash? 

Yes, but it’s not as simple as suing a private citizen or company. 

In New Jersey, government agencies are usually protected from lawsuits by a legal doctrine called “sovereign immunity.” However, that protection is not absolute. Under the New Jersey Tort Claims Act (TCA), you can sue a government agency or employee if they caused harm through negligence, but only under specific conditions. 

There are Special Rules for Accidents Involving Government Vehicles 

When a government agency or employee is responsible for a crash, your case falls under the Tort Claims Act (TCA), which includes several special rules that don’t apply to typical car accidents: 

Notice of Claim Requirement 

Before you can file a lawsuit, you must first file a formal Notice of Claim with the government entity you intend to sue. This must be done within 90 days of the accident and must include specific details about the accident, your injuries, and the damages you’re seeking. 

If you miss this 90-day deadline, you could lose your right to sue. There are very few exceptions to this rule, so acting quickly is important. 

Shortened Statute of Limitations 

In a normal personal injury case in New Jersey, you typically have two years to file a lawsuit. But with government claims: 

1. You must file the Notice of Claim within 90 days, 
2. Wait at least six months after submitting the notice before you can file a lawsuit, 
3. File your lawsuit within two years of the incident (but only if you filed the notice on time) 

There are Stricter Injury Thresholds 

According to NJ Rev Stat § 59:9-2 (2024), in order to succeed in a personal injury claim under the TCA, you must prove that: 

• The injury is permanent, disfiguring, or severely disabling, and 
• Your medical expenses exceed $3,600 

This threshold is intended to prevent minor claims and preserve government resources. But for individuals who have suffered catastrophic injuries, these thresholds are often clearly met. 

Who Can Be Held Liable? 

Depending on the circumstances, one or more of the following parties could be liable: 

• The individual government employee who caused the crash 
• The government agency that owns or operates the vehicle 
• A contractor or third party, if vehicle maintenance or operation was outsourced 
• Other drivers or entities, if multiple parties contributed to the accident 

Under the Tort Claims Act, the government can be held liable for the negligent actions of its employees if the employee was acting within the scope of their duties at the time of the crash. 

What Damages Can You Recover? 

If you were seriously injured in a crash with a government vehicle, you may be able to recover compensation for: 

• Medical bills (past and future) 
• Lost wages or loss of earning capacity 
• Pain and suffering 
• Permanent disability or disfigurement 
• Emotional distress 
• Loss of enjoyment of life 
• Property damage (to your car or belongings) 
• Wrongful death (if you lost a loved one) 

However, recovering these damages depends on whether your injuries meet the TCA threshold and whether your claim was filed on time and properly. 

 Why You Need an Attorney for Claims Against the Government 

Suing a government agency isn’t like filing a typical insurance claim. These cases are more complex, more tightly regulated, and more aggressively defended. That’s why having an experienced car accident attorney can help you win your case. 

Our legal team at Eichen Crutchlow Zaslow can help: 

• Identify the proper agency to file your claim against 
• Prepare and file the Notice of Claim within the 90-day window 
• Gather critical evidence, including dash cam footage, GPS logs, and maintenance records 
• Navigate TCA requirements and injury thresholds 
• Negotiate with government attorneys and insurers 
• Take your case to court, if necessary

Speak with an Experienced New Jersey Car Accident Lawyer 

Crashes involving government vehicles are especially complex, particularly when catastrophic injuries are involved. Whether you were hit by a police cruiser, injured as a passenger on a public bus, or struck by a municipal truck, you don’t have to face this process alone. 

At Eichen Crutchlow Zaslow, our award-winning personal injury team has decades of experience handling lawsuits against cities, counties, and state agencies across New Jersey. We know how to navigate the Tort Claims Act, hold government entities accountable, and fight for the full compensation our clients deserve. 

Contact us today for a free consultation. There’s no fee unless we win, but don’t wait, deadlines apply. Contact us now to protect your rights.