You can bring an injury claim when a city bus or another government vehicle hits you. The deadlines can be much shorter than in an ordinary car accident case, and in Nevada the amount the government pays is capped by statute. Which rules apply depends on who owns the vehicle and who employs the driver.
This guide from Ace Lakhani Law Firm goes through each type of vehicle in turn, for crashes in Nevada and Arizona. Every deadline in it runs from the date the claim accrues, which in most crashes is the day of the collision.
A city or county vehicle in Nevada
Nevada has waived immunity from liability for the State and its political subdivisions (NRS 41.031). Fault is decided under the same rules that apply to private persons and corporations, so a city driver who runs a red light is held to the ordinary negligence standard.
The claim is filed with the governing body of the city or county within two years. For a State of Nevada vehicle, such as a highway department truck, it goes to the Attorney General within the same period (NRS 41.036). The statute says filing that claim is not a condition to bringing a lawsuit. A lawsuit is also subject to Nevada’s two-year limit for injury cases (NRS 11.190(4)(e)).
The cap matters most in serious injury cases. NRS 41.035 limits a tort award against the State, a political subdivision, or an employee acting within the scope of public duties to $200,000 for a claimant. Interest from the date of judgment is not counted, and punitive damages are excluded. When injuries are severe, that amount can fall below the medical bills alone. The case then has to look for other sources of recovery, such as a second at-fault driver or your own underinsured motorist coverage.
A public vehicle in Arizona
Arizona requires a written notice of claim within 180 days (A.R.S. 12-821.01). The period starts when you realize you have been injured and know, or reasonably should know, what caused it. The notice goes to the person authorized to accept service for the public entity, and it must contain:
- Facts that show the basis for liability
- A specific amount the claim can be settled for
- The facts supporting that amount
A dollar figure is hard to set while treatment is still underway, which is a practical reason to get legal advice in the first weeks. If the entity does not respond in writing, the claim is treated as denied 60 days after filing. The lawsuit itself must be filed within one year (A.R.S. 12-821), half the time allowed against a private driver.
Arizona also bars punitive damages against a public entity or a public employee acting within the scope of employment (A.R.S. 12-820.04).
A postal truck or other federal vehicle
Federal vehicles follow the Federal Tort Claims Act in both states. A written claim must reach the agency within two years (28 U.S.C. 2401(b)). No lawsuit can be filed until the agency denies the claim in writing or six months pass without a decision (28 U.S.C. 2675). After a written denial, you have six months to file suit.
Write the claim amount carefully. A later lawsuit cannot ask for more than the amount presented to the agency unless newly discovered evidence or intervening facts justify the increase. On fault, the United States is treated as a private individual would be in similar circumstances, and it is not liable for punitive damages (28 U.S.C. 2674).
A bus run by a private contractor
A government logo on the side of a bus does not settle who employs the driver. The Regional Transportation Commission of Southern Nevada owns the Las Vegas bus system and contracts its operation to private companies. When the driver works for a contractor, the claim may run against that company and its commercial insurer, and the government cap may not be the limit. Our truck accident attorneys handle that kind of claim against commercial carriers.
A police car, fire engine, or ambulance
Nevada gives the driver of an emergency vehicle certain privileges while lights or sirens are in use, including passing a red light after slowing down. The privileges apply only while the vehicle is using the signals the law requires. The same statute says those privileges do not relieve the driver of the duty to drive with due regard for the safety of all persons (NRS 484B.700). An emergency vehicle can still be found at fault for a collision.
What to record at the scene
Call 911 and get medical care first. Then write down the details that identify the vehicle and its operator:
- Bus or unit number, and the route
- Agency name printed on the vehicle
- License plate
- Driver’s name or operator number
- Names and phone numbers of passengers and witnesses
A car accident attorney in Las Vegas uses those details to identify the correct entity and the office that must receive the claim.
Your own insurance in the meantime
A government claim takes time, and your own policy can cover the gap. Medical payments coverage can pay early treatment bills, and collision coverage can repair your car while the claim is pending. Uninsured or underinsured motorist coverage may also apply. All three depend on what you carry, so check the declarations sheet of your policy.
Records that are not kept for long
Transit buses often carry cameras, and public agencies keep video, dispatch logs, and driver reports under retention schedules. A written request to preserve those records should go out in the first days. The same letter can ask for the vehicle’s maintenance and inspection records. Our post on car accident evidence explains which records tend to disappear first.
Frequently asked questions
1) I was a passenger on the bus. Do the same rules apply?
Yes. A passenger’s claim against the public entity follows the same deadlines and limits. If another driver caused the crash, you may also have a claim against that driver’s insurer.
2) Does Nevada’s $200,000 cap apply to everyone hurt in the same crash?
NRS 41.035 states the limit as an amount for a claimant. How it applies when several people are hurt in one crash should be reviewed with an attorney.
3) What if I miss Arizona’s 180-day notice deadline?
A.R.S. 12-821.01 says a claim that is not filed within 180 days is barred. The statute gives a minor or an incompetent person 180 days after the disability ends. Anyone close to the deadline should speak with a lawyer right away.
4) Can I recover punitive damages if the government driver was reckless?
Not from the government. Nevada, Arizona, and federal law each exclude punitive damages in a claim against the public entity.
5) The government vehicle damaged my car, but I was not hurt. Do I still file a claim?
Yes. A property damage claim against a public entity goes through the same claim process and deadlines. Your own collision coverage may pay for repairs sooner, and your insurer can then seek reimbursement.
Conclusion
Find out who owns the vehicle, then count the days from the crash. To have both done for you, request a free case review. The Las Vegas office is at 702.814.4000 and the Phoenix office is at 602.444.2222.
