What to Do If You're Hit by a Government Vehicle in Tempe
Getting into a crash is stressful enough. But when the other driver works for the government — whether it's a city garbage truck, a state trooper, or a university shuttle — the situation gets even more complicated. Filing a claim against a private driver is one thing. Going up against a public agency is something else entirely.
If you were hit by a government-operated vehicle in Tempe, your rights are different — and the timeline to act is much shorter. That’s why it’s critical to understand the steps to take right away, and why having a Tempe car accident lawyer on your side can make or break your case.
What Counts as a Government Vehicle?
In Tempe, government vehicles come in many forms. You might be hit by:
A Tempe Police Department cruiser
A Valley Metro or Orbit public transit bus
An Arizona Department of Transportation (ADOT) work truck
A City of Tempe utility or parks department vehicle
A garbage or recycling truck operated by the city
A campus shuttle or maintenance vehicle for ASU
Any of these vehicles are considered government property. That means your claim falls under Arizona’s rules for sovereign immunity, which limits how and when you can sue a public entity.
You Only Have 180 Days to File a Notice of Claim
One of the biggest mistakes people make is waiting too long to act. In a typical car accident, Arizona gives you up to two years to file a lawsuit. But when a government vehicle is involved, the clock moves faster.
You must file a Notice of Claim within 180 days of the accident under A.R.S. § 12-821.01. This notice must include:
The amount you’re seeking in damages
A clear explanation of how the crash happened
Enough detail for the agency to investigate your claim
If you miss that 180-day deadline — even by one day — your claim is likely barred completely. That’s why Tempe drivers injured by city or state vehicles need to act fast and carefully.
Who Do You File Against?
It depends on who operated the vehicle. Here’s how it breaks down:
City of Tempe vehicles: File your claim with the City Clerk’s office.
ASU-related vehicles: ASU is a state entity, so claims go to the Arizona Department of Administration Risk Management division.
State vehicles (like ADOT): These are state-level claims as well and follow the same Notice of Claim procedures.
Federal vehicles: If you’re hit by a federal vehicle (e.g., U.S. Postal Service), you’ll need to file under the Federal Tort Claims Act, which has its own procedures.
An experienced attorney can help you identify the correct party and make sure the notice is filed with the right agency. It’s not always obvious who’s liable, especially if a subcontractor is involved.
Don’t Rely on a Police Report Alone
Government employees involved in a crash will often generate an internal report — but that report isn’t necessarily designed to help your claim. In some cases, it may downplay the employee’s role or leave out key facts.
If you’re hit in a busy zone like Downtown Tempe or near ASU, make sure to:
Get your own photos of the scene and vehicles
Collect names and contact info of any witnesses
Request the official traffic collision report from Tempe PD or Arizona DPS
Seek medical treatment right away, even for minor symptoms
Documentation is your best defense — especially when the other driver works for the same entity investigating your claim.
What About Vehicle Damage?
If your car was damaged by a government vehicle, you can also seek compensation for repair costs or total loss. This includes:
Towing fees
Rental car expenses
Diminished value of your car after repairs
Even if you weren’t injured, property-only claims still need to go through the formal process. The City of Tempe and other agencies may offer small settlements directly — but you should always consult with an attorney before accepting, especially if the offer is made quickly.
Injured as a Pedestrian or Cyclist?
It’s not just drivers who need to be cautious. If you were walking or biking in areas like Escalante or Meyer Park and were struck by a government vehicle, the same rules apply. Whether you were in a crosswalk or using a shared lane, you still have the right to file a claim for your injuries.
Pedestrian claims are often more severe due to lack of physical protection, and agencies may attempt to assign partial blame. This is where documentation and early legal representation are vital.
What If the Government Denies Responsibility?
Public agencies are notorious for denying fault — even when their drivers clearly caused a crash. They may argue the employee was outside the scope of their job, claim you didn’t submit your paperwork correctly, or say the accident was unavoidable.
If this happens, you have one final step: filing a lawsuit within one year from the date of the crash (per Arizona's statute of limitations for claims against public entities). If you haven’t already hired an attorney by this point, do so immediately. Government defense teams are skilled at dragging cases out and making things more difficult for unrepresented victims.
Final Thought
Getting hit by a government vehicle in Tempe isn’t just another accident — it’s a different legal process entirely. You’ll face tighter deadlines, more paperwork, and resistance from agencies that are often shielded from lawsuits.
But that doesn’t mean you’re powerless. Arizona law still protects victims — as long as they follow the rules. If you’ve been hurt, don’t delay. A knowledgeable lawyer can help you navigate the claim process, avoid costly mistakes, and demand the compensation you deserve from a system built to be hard to access.
