Accidents involving government vehicles in Missouri present unique legal challenges due to the doctrine of sovereign immunity, specific procedural requirements, and limitations on liability. Whether the accident involves a police car, a municipal bus, or a state-owned maintenance vehicle, victims must navigate a complex legal landscape to pursue compensation. This article explores the key particularities of government vehicle accident claims in Missouri, including sovereign immunity exceptions, notice requirements, liability determinations, and the claims process.

1. Sovereign Immunity and Its Exceptions in Missouri

A. Understanding Sovereign Immunity

Sovereign immunity is a legal doctrine that protects government entities from lawsuits unless they consent to being sued. In Missouri, this principle is codified under RSMo § 537.600, which generally shields the state and its political subdivisions (cities, counties, school districts, etc.) from liability.

However, Missouri law provides two key exceptions where sovereign immunity is waived:

1. Negligent Operation of Motor Vehicles by Public Employees

   • If a government employee causes an accident while operating a motor vehicle within the scope of their employment, the injured party may file a claim against the government entity.

   • This exception applies to vehicles like police cars, fire trucks, city buses, and other government-owned automobiles.

2. Dangerous Conditions on Public Property

   • If an accident results from a hazardous condition on government property (e.g., poorly maintained roads), liability may apply.

B. Exclusions from Liability

Even under these exceptions, certain actions remain protected:

• Discretionary acts (policy decisions by government officials)

• Law enforcement pursuits (unless the officer acted with reckless disregard for safety)

• Intentional torts (e.g., assault by a government employee)

2. Filing a Claim Against a Government Entity in Missouri

A. Strict Notice Requirements (RSMo § 537.100 & 537.610)

Unlike typical car accident claims, lawsuits against government entities require strict adherence to notice provisions:

• For State Entities:

  • A written claim must be filed with the Missouri Office of Administration's Risk Management Division within 90 days of the accident.

  • The claim must include:

    • The name and address of the claimant

    • The time, place, and circumstances of the accident

    • The nature of the injury/damages

    • The amount of compensation sought

• For Local Government Entities (Cities, Counties, etc.):

  • The claimant must submit a written notice to the appropriate government body (e.g., city clerk) within 90 days of the incident.

Failure to comply with these deadlines bars the claimant from pursuing legal action.

B. Statute of Limitations

Even after providing notice, claimants must file a lawsuit within two years of the accident (standard Missouri personal injury statute of limitations under RSMo § 516.120). However, if the government denies the claim, the lawsuit must be filed within 90 days of the denial.

3. Determining Liability in Government Vehicle Accidents

A. Vicarious Liability for Government Employees

Missouri follows the doctrine of respondeat superior, meaning the government may be held liable if:

• The employee was acting within the scope of employment at the time of the accident.

• The employee's negligence caused the crash (e.g., speeding, distracted driving, failure to yield).

However, if the employee was engaged in a high-speed pursuit, liability may be limited unless they acted with reckless disregard for safety (RSMo § 544.157).

B. Comparative Fault Rules

Missouri follows a pure comparative fault system (RSMo § 537.765), meaning:

• A victim's compensation is reduced by their percentage of fault.

• Even if the victim is 99% at fault, they can still recover 1% of damages.

This rule applies in government vehicle accident claims, meaning the government may argue the victim shares blame to reduce payouts.

4. Damages Recoverable in Government Vehicle Accident Claims

Missouri law caps damages in claims against government entities:

• State Government Claims:

  • $444,000 per person for bodily injury or death (adjusted annually for inflation).

  • $444,000 per occurrence for property damage.

• Local Government Claims (Cities, Counties):

  • Typically limited to $1 million per occurrence (varies by municipality).

Non-Economic Damages (Pain & Suffering):

• Some local governments may impose additional caps.

Punitive Damages:

• Not recoverable against government entities in Missouri.

5. Special Considerations for Emergency Vehicle Accidents

Police cars, ambulances, and fire trucks often operate under emergency conditions, raising unique liability issues:

• Emergency Vehicle Privileges (RSMo § 304.022):

  • Drivers may exceed speed limits and bypass traffic signals if using lights and sirens.

  • However, they must still exercise due regard for public safety.

• Liability for Pursuit-Related Crashes:

  • If an officer causes a crash during a chase, the government may avoid liability unless the officer acted with reckless disregard.

6. The Claims Process: Steps to Take After a Government Vehicle Accident

1. Seek Medical Attention – Document injuries immediately.

2. Gather Evidence – Take photos, obtain witness statements, and secure the police report.

3. Identify the Government Entity Involved – Determine whether the vehicle was state, county, or city-owned.

4. File a Timely Notice of Claim – Submit within 90 days to preserve rights.

5. Negotiate with the Government's Insurer – Many government entities are self-insured or use risk pools.

6. File a Lawsuit if Necessary – If the claim is denied, litigation must commence within 90 days of denial.

7. Why Legal Representation is Crucial

Government vehicle accident claims involve:

• Complex procedural hurdles (strict deadlines, notice requirements).

• Sovereign immunity defenses.

• Damage caps and liability disputes.

An experienced Missouri personal injury attorney can:

• Ensure proper notice is filed.

• Investigate the accident (obtain dashcam footage, employment records).

• Negotiate with government risk management divisions.

• Litigate if a fair settlement is not offered.

Conclusion

Accidents involving government vehicles in Missouri require navigating sovereign immunity laws, strict notice requirements, and damage caps. Victims must act quickly—failing to file a claim within 90 days can forfeit their right to compensation. Given the complexities, consulting an attorney familiar with Missouri's government liability laws is essential to maximizing recovery.