Government Vehicle Accidents
Michigan Government Vehicle Accident Attorneys
Accidents involving police cars, fire trucks, ambulances, city buses, snow plows, and other government vehicles present unique legal challenges that differ fundamentally from ordinary auto accident claims. Michigan's governmental immunity statute generally protects government entities from lawsuits, but critical exceptions exist — particularly for the negligent operation of government-owned motor vehicles. Understanding these exceptions is essential to pursuing a claim when a government vehicle causes injury.
Koussan Law represents victims of government vehicle accidents across Michigan. We understand the procedural requirements, notice deadlines, governmental immunity exceptions, and the specific statutes that apply to these claims. Our experience navigating state and municipal bureaucracies ensures that victims receive the compensation they deserve.
The Motor Vehicle Exception to Governmental Immunity
Under MCL § 691.1405, a government entity can be held liable for injuries caused by the negligent operation of government-owned motor vehicles when the vehicle is being operated by a government employee acting within the scope of their employment. This exception is broad and applies to city buses (including DDOT and SMART in Metro Detroit), police vehicles engaged in routine patrols or non-emergency responses, maintenance trucks and street sweepers, sanitation collection vehicles, and other government fleet vehicles. Even vehicles that appear to be operating in an official capacity can fall under this liability exception if the driver was negligent in operation.
Emergency Vehicle Considerations
Emergency vehicles (fire trucks, ambulances, police responding to emergencies) receive greater protection under Michigan law, but liability may still exist if the driver's conduct was reckless or exhibited gross negligence, or if the driver violated traffic safety laws. The fact that a vehicle was responding to an emergency does not grant the driver immunity from ordinary negligence standards. Our firm investigates emergency vehicle accidents thoroughly, obtaining dispatch records, emergency response protocols, dash camera footage, and witness statements to establish whether the driver's conduct exceeded what the law permits even in emergency situations.
Strict Notice and Filing Requirements for Government Claims
Claims against government entities in Michigan are subject to strict notice deadlines that are separate from the standard statute of limitations. Under MCL § 691.1404, you must provide written notice to the government entity within 120 days of the incident for highway defect claims. Other governmental claims may require notice within six months under MCL § 600.6431. The three-year general statute of limitations under MCL § 600.5805(2) still applies, but the notice deadline comes first and is often the deadline that traps unwary claimants. Missing the notice window can result in permanent loss of the claim, regardless of the strength of the case.
Comparative Fault and Damages Caps
Michigan applies comparative negligence rules to government vehicle claims under MCL § 2945. If you are found to be partially at fault, your recovery is reduced by your percentage of fault. Additionally, some governmental claims are subject to damage caps, though the motor vehicle exception generally avoids the most restrictive limitations. Our firm fights to minimize assigned fault percentages and to maximize recovery within applicable frameworks.
If you were injured by a government vehicle in Michigan, call Koussan Law immediately at (313) 800-0000 to ensure you meet the critical 120-day notice deadline. You can also use our free case calculator to estimate your claim's value. Time is essential — do not delay.
