Suing a Public Employee After a Crash in Tempe: What You Should Know

Not every crash in Tempe involves another private driver. Sometimes, the vehicle that hits you belongs to the city, a school district, or a public utility—and the person behind the wheel is a government employee on the job. In these cases, your claim follows a very different path than a standard auto accident.

If you’re thinking about filing a lawsuit against a public employee, or more accurately, the entity that employs them, it’s important to understand how Arizona law treats these cases. At Tempe Car Accident Attorney, our team has examined many government-related collisions and how public liability impacts car accident claims.

When Public Employees Cause Car Accidents

City workers, county employees, and state contractors drive a wide range of vehicles throughout Tempe. These may include:

• City garbage trucks

• Utility vans

• Police cruisers

• Maintenance or public works vehicles

• Fire department support units

• Parks and Recreation vehicles

• School buses or district transport vehicles

Crashes involving these vehicles are not uncommon, especially in traffic-heavy zones like Downtown Tempe or intersections in North Tempe. When they happen, the employer—not the individual driver—is usually the defendant.

The Legal Concept: Vicarious Liability

Arizona follows a principle called respondeat superior, which means an employer can be held responsible for the actions of an employee performed within the scope of their job. If a city sanitation driver causes a wreck while doing their route, Tempe itself may be liable. The same goes for school employees, utility contractors, and others performing official duties.

But here’s the key: if the employee was off-duty, running a personal errand, or breaking the law, you may need to pursue them individually—or you may face additional legal hurdles.

Your Claim Must Go Through the Government

Arizona law treats any claim against a public employee as a claim against the government itself. That means your case becomes subject to the Arizona Notice of Claim statute (A.R.S. § 12-821.01). Under this law:

• You must file a Notice of Claim within 180 days of the crash

• The notice must be filed with the appropriate agency or municipality (e.g., the City of Tempe)

• It must include a specific dollar amount and facts supporting your claim

Failing to meet this deadline or format requirements can result in your case being dismissed—regardless of how serious your injuries are.

Our guide on filing a claim against the City of Tempe walks through this in more detail.

Common Scenarios Where Public Employees Cause Wrecks

Some of the most common government-related crashes we’ve seen involve:

• Speeding maintenance trucks in residential neighborhoods like Meyer Park

• City drivers who fail to yield while entering traffic

• Garbage trucks causing T-bone collisions at intersections

• Distracted utility drivers rear-ending stopped vehicles

• School bus crashes due to poor training or inattention

• Vehicles parked illegally or obstructing traffic flow

Many of these cases also involve spinal cord injuries, paralysis, or other high-impact injuries due to the size and weight of municipal or commercial vehicles.

What If the Public Employee Was Off Duty?

If the crash occurred while the employee was off-duty, the city or government employer may try to deny liability. For example:

• A city worker driving a personal vehicle home after work

• A fire department employee running errands in a city SUV

• A school staffer using a district van without authorization

In these cases, the claim may shift toward the individual personally—though their auto insurance, not the city’s, would be involved. You may still be able to pursue compensation, but the legal route becomes less predictable.

Can You Sue Both the Driver and the Government?

Not exactly. When a public employee is acting in their official capacity, Arizona law bars lawsuits against the individual and treats the city or entity as the sole defendant. This limits your ability to go after both parties, and that’s by design—it helps protect government workers from personal financial exposure while performing their jobs.

However, if the employee acted outside the scope of employment, such as drinking and driving a city truck, you might have a claim against both the driver and the municipality under theories of negligence and negligent hiring or supervision.

For example, if a city driver caused a DUI accident in South Tempe, both the individual and the city could be drawn into litigation.

What Damages Can You Recover?

You may be eligible to recover damages for:

• Emergency care and ongoing medical treatment

• Rehabilitation and physical therapy

• Lost income or reduced earning potential

• Property damage

• Pain and suffering

• Permanent disabilities such as traumatic brain injuries

In extreme cases involving recklessness or gross negligence, you may also seek enhanced compensation—but these claims against government agencies are harder to win.

Key Takeaways for Tempe Drivers

• Act quickly — You only have 180 days to file a Notice of Claim.

• Identify the employer — Determine whether the driver was on-duty and for which agency.

• Document everything — From the crash scene to the driver's name and vehicle number.

• Expect red tape — Suing a public entity involves stricter deadlines and procedures.

• Get clarity — Even if the situation seems complicated, you may still have a valid claim.

Our legal resources can help you make sense of your next steps. Even though suing the government isn’t easy, it’s not impossible—and Tempe residents injured due to public employee negligence deserve a fair shot at recovery.