What to Do If You’re Hit by a City or County Vehicle in Florida: Part 1

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.