When a pedestrian is struck by a vehicle, the aftermath can be devastating — physically, emotionally, and financially. But when the vehicle belongs to a government agency — such as a police car, postal truck, or public works vehicle — the situation becomes more complex. Unlike ordinary car accident claims, cases involving government vehicles in Florida are subject to special legal rules and limitations.
At Sahil Vijay Law, PLLC, we help victims of government-related accidents understand their rights, navigate the legal process, and fight for the compensation they deserve. Below, we break down what Florida law says about pedestrian rights in these situations — and how you can protect yourself.
One of the biggest challenges in cases involving government vehicles is sovereign immunity. This legal doctrine protects government entities and their employees from being sued in many situations. However, under Florida Statute §768.28, the state has waived part of that immunity — meaning you can file a claim against a government agency, but under specific conditions.
In short:
The government can be held liable if a government employee caused injury or damage while acting within the scope of their employment.
The government’s liability is limited — both in amount and procedure.
That means if a government employee negligently hits a pedestrian while driving a city bus, sheriff’s vehicle, or garbage truck, the victim may file a claim. But there are strict rules and limits you must follow.
When a pedestrian is struck by a government vehicle in Florida, liability may extend to several parties:
The Government Employee – If the driver was negligent (e.g., speeding, distracted driving, or running a red light), they can be found at fault.
The Government Agency – The employee’s agency (city, county, or state department) can be held vicariously liable if the act occurred during work duties.
Other Parties – If another driver or external factor contributed (e.g., a contractor’s unsafe construction zone), those entities might share responsibility.
However, it’s important to note:
If the employee was acting outside the scope of their employment (for example, driving a government car for personal errands), you might pursue a personal lawsuit against the driver instead of the agency.
Even when the government is found at fault, Florida law caps the amount a victim can recover:
$200,000 per person, or
$300,000 per incident (if multiple victims are involved).
This means that even if your damages exceed those limits — for example, in cases of severe injury or permanent disability — you cannot automatically recover more without special legislative approval.
Example:
If a city-owned sanitation truck runs a red light and hits a pedestrian, causing $500,000 in medical bills and lost wages, the maximum payout (without special approval) is $200,000.
To recover more, your attorney must petition the Florida Legislature through a “claims bill,” which can be a lengthy and uncertain process.
If you or a loved one has been struck by a government-operated vehicle in Florida, the steps you take immediately after the accident can make or break your claim.
Always prioritize your health and safety. Request a police report — even if the driver is a law enforcement officer or other official. Document all medical evaluations and treatments.
If you are physically able, take photos or videos of the accident scene, the vehicle, and any visible injuries. Try to note identifying details, such as:
The vehicle’s license plate or fleet number
The agency name (e.g., “City of Tampa Water Department”)
The driver’s name and badge number (if applicable)
Witness contact information
Notify the government entity involved — but do not provide a recorded statement or sign anything before consulting a lawyer. Even small statements can be used against you later.
Government-related claims have strict procedural deadlines and legal nuances. A skilled attorney can investigate, file the proper notice, and negotiate for maximum recovery.
Before you can sue a government entity in Florida, you must first submit a written notice of claim to the appropriate agency.
According to Fla. Stat. §768.28(6):
You must notify the agency within 3 years of the accident (or 2 years if a wrongful death occurred).
The notice must include details about the accident, injuries, and damages.
The government then has 180 days to investigate before you can file a lawsuit.
Failing to follow this process can result in your claim being dismissed — even if your injuries are legitimate.
An attorney experienced with Florida government tort claims can ensure all notices and filings meet the strict statutory requirements.
Florida follows a modified comparative negligence rule. This means your compensation may be reduced if you are found partly at fault for the accident.
For example:
If you were crossing outside a crosswalk and a government truck hit you, you might be found 20% at fault.
If your total damages are $100,000, your recovery would be reduced to $80,000.
However, as of the 2023 changes to Florida law, if you are found more than 50% at fault, you cannot recover damages. This makes it essential to work with an attorney who can build a strong case to minimize any assigned fault.
Victims of pedestrian accidents involving government vehicles may be entitled to compensation for:
Medical expenses (past and future)
Lost income and reduced earning capacity
Pain and suffering
Permanent disability or disfigurement
Loss of companionship (in wrongful death cases)
While sovereign immunity caps limit total recovery, a detailed claim backed by strong evidence can still yield significant compensation.
Unlike typical car accidents, cases involving government vehicles include unique procedural hurdles and potential immunity defenses.
Some common challenges include:
Shorter deadlines for notice and filing
Strict evidence requirements
Government investigations before litigation
Limited settlement authority for agencies
Potential need for legislative claims bill
These cases also often involve large government insurance carriers and experienced defense attorneys, making it crucial to have strong representation on your side.
At Sahil Vijay Law, PLLC, we understand the intricacies of Florida government liability law. Our experienced personal injury attorneys have handled complex claims against cities, counties, and state agencies throughout Florida.
When you choose our firm, we:
Investigate every aspect of the accident
Identify all liable parties and potential sources of compensation
Handle all notice and filing requirements under §768.28
Negotiate directly with government representatives and insurers
Pursue legislative relief when warranted for high-value claims
Our goal is simple: to ensure that accident victims — even when harmed by a government entity — receive justice and financial recovery for their losses.
Being hit by a government vehicle in Florida presents unique legal challenges, but it doesn’t mean you’re without recourse. State law allows pedestrians to seek compensation, provided you follow the correct procedures and meet all deadlines.
If you or a loved one was struck by a city, county, or state vehicle, contact Sahil Vijay Law, PLLC today. Our team will review your case, explain your rights, and guide you through every step of the process.
Disclaimer: This article provides general information and should not be construed as legal advice. You should consult with an attorney for guidance on their specific circumstances.
If you would like to speak to an attorney at Sahil Vijay Law, PLLC, please click here.
When a pedestrian is struck by a vehicle, the aftermath can be devastating — physically, emotionally, and financially. But when the vehicle belongs to a government agency — such as a police car, postal truck, or public works vehicle — the situation becomes more complex. Unlike ordinary car accident claims, cases involving government vehicles in Florida are subject to special legal rules and limitations.
At Sahil Vijay Law, PLLC, we help victims of government-related accidents understand their rights, navigate the legal process, and fight for the compensation they deserve. Below, we break down what Florida law says about pedestrian rights in these situations — and how you can protect yourself.
One of the biggest challenges in cases involving government vehicles is sovereign immunity. This legal doctrine protects government entities and their employees from being sued in many situations. However, under Florida Statute §768.28, the state has waived part of that immunity — meaning you can file a claim against a government agency, but under specific conditions.
In short:
The government can be held liable if a government employee caused injury or damage while acting within the scope of their employment.
The government’s liability is limited — both in amount and procedure.
That means if a government employee negligently hits a pedestrian while driving a city bus, sheriff’s vehicle, or garbage truck, the victim may file a claim. But there are strict rules and limits you must follow.
When a pedestrian is struck by a government vehicle in Florida, liability may extend to several parties:
The Government Employee – If the driver was negligent (e.g., speeding, distracted driving, or running a red light), they can be found at fault.
The Government Agency – The employee’s agency (city, county, or state department) can be held vicariously liable if the act occurred during work duties.
Other Parties – If another driver or external factor contributed (e.g., a contractor’s unsafe construction zone), those entities might share responsibility.
However, it’s important to note:
If the employee was acting outside the scope of their employment (for example, driving a government car for personal errands), you might pursue a personal lawsuit against the driver instead of the agency.
Even when the government is found at fault, Florida law caps the amount a victim can recover:
$200,000 per person, or
$300,000 per incident (if multiple victims are involved).
This means that even if your damages exceed those limits — for example, in cases of severe injury or permanent disability — you cannot automatically recover more without special legislative approval.
If a city-owned sanitation truck runs a red light and hits a pedestrian, causing $500,000 in medical bills and lost wages, the maximum payout (without special approval) is $200,000.
To recover more, your attorney must petition the Florida Legislature through a “claims bill,” which can be a lengthy and uncertain process.
If you or a loved one has been struck by a government-operated vehicle in Florida, the steps you take immediately after the accident can make or break your claim.
Always prioritize your health and safety. Request a police report — even if the driver is a law enforcement officer or other official. Document all medical evaluations and treatments.
If you are physically able, take photos or videos of the accident scene, the vehicle, and any visible injuries. Try to note identifying details, such as:
The vehicle’s license plate or fleet number
The agency name (e.g., “City of Tampa Water Department”)
The driver’s name and badge number (if applicable)
Witness contact information
Notify the government entity involved — but do not provide a recorded statement or sign anything before consulting a lawyer. Even small statements can be used against you later.
Government-related claims have strict procedural deadlines and legal nuances. A skilled attorney can investigate, file the proper notice, and negotiate for maximum recovery.
Before you can sue a government entity in Florida, you must first submit a written notice of claim to the appropriate agency.
According to Fla. Stat. §768.28(6):
You must notify the agency within 3 years of the accident (or 2 years if a wrongful death occurred).
The notice must include details about the accident, injuries, and damages.
The government then has 180 days to investigate before you can file a lawsuit.
Failing to follow this process can result in your claim being dismissed — even if your injuries are legitimate.
An attorney experienced with Florida government tort claims can ensure all notices and filings meet the strict statutory requirements.
Florida follows a modified comparative negligence rule. This means your compensation may be reduced if you are found partly at fault for the accident.
For example:
If you were crossing outside a crosswalk and a government truck hit you, you might be found 20% at fault.
If your total damages are $100,000, your recovery would be reduced to $80,000.
However, as of the 2023 changes to Florida law, if you are found more than 50% at fault, you cannot recover damages. This makes it essential to work with an attorney who can build a strong case to minimize any assigned fault.
Victims of pedestrian accidents involving government vehicles may be entitled to compensation for:
Medical expenses (past and future)
Lost income and reduced earning capacity
Pain and suffering
Permanent disability or disfigurement
Loss of companionship (in wrongful death cases)
While sovereign immunity caps limit total recovery, a detailed claim backed by strong evidence can still yield significant compensation.
Unlike typical car accidents, cases involving government vehicles include unique procedural hurdles and potential immunity defenses.
Some common challenges include:
Shorter deadlines for notice and filing
Strict evidence requirements
Government investigations before litigation
Limited settlement authority for agencies
Potential need for legislative claims bill
These cases also often involve large government insurance carriers and experienced defense attorneys, making it crucial to have strong representation on your side.
At Sahil Vijay Law, PLLC, we understand the intricacies of Florida government liability law. Our experienced personal injury attorneys have handled complex claims against cities, counties, and state agencies throughout Florida.
When you choose our firm, we:
Investigate every aspect of the accident
Identify all liable parties and potential sources of compensation
Handle all notice and filing requirements under §768.28
Negotiate directly with government representatives and insurers
Pursue legislative relief when warranted for high-value claims
Our goal is simple: to ensure that accident victims — even when harmed by a government entity — receive justice and financial recovery for their losses.
Being hit by a government vehicle in Florida presents unique legal challenges, but it doesn’t mean you’re without recourse. State law allows pedestrians to seek compensation, provided you follow the correct procedures and meet all deadlines.
If you or a loved one was struck by a city, county, or state vehicle, contact Sahil Vijay Law, PLLC today. Our team will review your case, explain your rights, and guide you through every step of the process.
Disclaimer: This article provides general information and should not be construed as legal advice. You should consult with an attorney for guidance on their specific circumstances.
If you would like to speak to an attorney at Sahil Vijay Law, PLLC, please click here.
424 E Central Blvd
Unit 651
Orlando, FL 32801
A transactional law firm headquartered in Orlando, Florida.
