Suing the Government Over a Car Accident Injury
- Home / Auto Accidents /
- Suing the Government Over a Car Accident Injury
October 31, 2019
It is possible for a government entity to be liable for a car accident injury. Arizona allows injury victims to file a claim against the government for damages.
However, there are specific requirements for filing these claims and government entities and officials can have immunity from certain kinds of claims. The good news is, the victim usually must have exhibited a high degree of negligence to be barred from filing a claim.
Below, our Phoenix car accident attorneys discuss the specifics of car accident claims against the government. If you were involved in a car accident with a government vehicle or one being operated by a government employee, call our legal team today to find out if you may be able to take legal action.
How Could the Government Be Liable for a Car Accident?
While government entities are often immune from liability, there are many situations where a government entity or public employee may be held liable for car accident damages. For example, the government may hold liability for an accident caused by any of the following:
- Obstructions to a driver’s line of sight
- Hazards on the roadside
- Drops in pavement edges
- Improperly marked construction zones
- Rail-highway grade crossings that are unreasonably dangerous
A state agency may have had responsibility for maintaining the road with these defects that contributed to the crash.
Immunity from Certain Car Accident Claims
Arizona law provides qualified immunity to public employees who acted within the scope of their employment. This section of the law says these employees cannot be held liable for injuries that occur in various situations, including injuries to the driver of a motor vehicle that can be attributed to violations of the following statutes:
- AZ Revised Statute 28-693: Drivers who operate their vehicles with reckless disregard for the safety of persons or property can be found guilty of a class two misdemeanor.
- AZ Revised Statute 28-1381: This statute states that it is illegal for a driver to operate a vehicle under the influence of drugs or alcohol.
- AZ Revised Statute 28-1382: It is illegal for drivers to be under the extreme influence of alcohol, with a blood alcohol concentration (BAC) of 0.15 to 0.20, or 0.20 or higher.
How Much Time Do You Have to File a Claim?
Claims against an Arizona state government entity must be filed within 180 days of the injury date. A written claim must be made naming the agency allegedly responsible for the injury, that includes:
- Description of the incident
- How the injuries happened
- The dollar amount of damages claimed
- Evidence supporting the damages amount, such as medical bills for injury treatment
The state has 60 days to respond to claims. If a response is not sent in the 60-day time period, you can consider the claim denied. If this happens, you may be able to file a lawsuit against the state government agency.
The 180-day period to file a claim may be different in incidents involving minor children or a victim who has been determined to be incompetent in court. If either of the above apply to the victim, he or she has 180 days to file a claim after reaching the age of 18 or being declared competent by the court.
Contact a Licensed Attorney for a Free Consultation
While there are a different set of laws governing a citizen’s ability to pursue compensation for car accident injuries involving a government entity, it may be possible depending on your situation. Our Phoenix car accident attorneys can help you determine if you are eligible to file a claim against the government for your injuries.
Request a free, no obligation consultation today to learn your legal rights. There are no upfront fees and payment is only owed if we recover compensation for you.
Call 1-800-706-3000 or complete ourFree Case Review formnow.
Free Case Evaluation
By submitting your contact information, you agree that we may contact you by telephone (including text) and email in accordance with our Terms and Privacy Policy

Your message has been sent
Thank you for your message, we will get back to you soon.
-
I just wanted to thank Phillips law Group and Vanessa Rodriguez for all the help that she did for my daughter’s case. She was involved in her first accident and she needed the help to deal with these adjusters. Thank you again.
-
Jasmine helped me so so much I want to thank her ! And also Aaron , i was always scared after an accident , knowing I would have to deal with lawyers but not here . Luckily I’ve only been in 3 accidents but this time it was fast and easy . And i received all the treatments I needed to help me recover ! Thank you Jasmine and Aaron!
-
-
I was recently served court documents that I was being sued from an accident that happened years ago. For someone who has never been through something like this and not familiar with the court lingo or where to even begin, it was very frustrating and stressful. I reached out to a family member who knew Tracy Laskos and the great reputation of Phillips Law Group and within the hours of the initial call for help, I had a direct number to Lead Attorney Nassar. Nassar heard my case and almost instantly put me at ease by explaining the process and how easy it was to handle. Nassar spoke to me like he was a friend, not like I was a client. I am so grateful to Tracy, Nasar and of course my cousin Stephanie for helping out and giving me the direction that I needed to get through this situation. I plan on referring my friends, family and patients that are in need of a personal injury Attorney to Phillips Law Group. Thank you!!
-
I want to thank attorneys Tim and Robert and the paralegal Bethany for all they had done on my case. They were all empathetic, knowledgeable and professional. All my questions were answered, emails returned in a timely matter, and promises fulfilled. I recommend Phillips Law Group if you need help with your injury case.
-
I’ve been working at Phillips Law Group for nearly four years and I can confidently say this is the best personal injury firm in Arizona to work for. The firm is the best for numerous reasons but to start, Phillips Law Group gives employees opportunities for promotions and growth. I started working within the settlement department, moved to a paralegal assistant and grew to be a pre-litigation paralegal with my own case load. Each attorney I have worked for is extremely knowledgeable, friendly, and easy to talk to. Secondly, I love how Phillips Law shows appreciation for employees. They host Friday Zoom Huddles giving out PTO, goodie bags, special shout outs, bonuses and gift cards. They also host extravagant holiday parties and fun contests during the Holidays! Lastly, the firm cares about giving back to the community, which is a trait I value as well. It’s rewarding to see a fast paced firm taking time out of their busy day to pay it forward. I would highly recommend working at Phillips Law Group!
-
I enjoy my work day here at Phillips Law Group and generally speaking I love my clients. Every day brings a new client or task to keep me on my toes. Administration keeps open communication and is hilarious most of the time! I love the way we celebrate FRIDAY, holidays and birthdays and how everything is so competitive. All in all I’m so fortunate to be here and I enjoy what I do.
-
Great experience! Took care of pretty much everything, and I always felt like I want in good hands. Caroline Fa. was also a great help with everything. She always returned my calls and I never felt unheard. Even after my case she would still help me with my insurance documents.
-
I would like to thank Vanessa Rodriguez for helping me with my case because I was in total shock about the accident. She had listened to all my concerns and had answered every question I had . She was great !!!
-
Sophia H. at Phillips Law Group has been an absolute joy to work with -quick, responsive, and professional in every interaction. Her breadth of knowledge, from administration to IT to finance, is nothing short of impressive.