Can I Sue the Government for Car Damages?

Unfortunately, due to “sovereign immunity,” chances are you’ll get about as far in attempting to recover funds for your damaged vehicle as you will driving on that flat tire. Sovereign immunity protects government entities from liability very well. Lawsuits against any kind of government entity, especially a lawsuit like this one, typically fail, and there are few to no examples on record of a suit that’s paid out to an individual for damage to a vehicle just from debris in a roadway.

Government Liability for Damages

States, counties, towns, and all other governmental entities have “immunity” against occurrences such as road signs falling in the street, and are not liable for damage arising from such situations. Most communities protect themselves from lawsuits of this type for obvious reasons, one being that if the precedent were set that allowed an individual to file a successful suit against a local or state government for running over any type of debris in the road, there would be local governments across the country filing for bankruptcy as you read this.

The fact of the matter is, if someone else ran down a traffic sign and left it lying in the middle of the road, or if the wind took a road sign down and it fell in the road just before you ran it over, the government wasn’t responsible for this or negligent in any way and it would be unfair to hold them to a standard of care that they could never meet. How could a state, for example, check every road for rocks, debris, road signs or other damage?  As such, unfair though it may seem, the damages that are incurred to your vehicle are your responsibility to deal with.

Case Studies: Government Liability for Car Damages

Case Study 1: Fallen Road Sign

In this case, a driver encounters a fallen road sign in the middle of the road and unintentionally runs over it, causing damage to the vehicle. The driver considers suing the government entity responsible for maintaining the road, arguing that they were negligent in failing to remove the sign promptly. However, due to sovereign immunity, the driver’s lawsuit is unlikely to succeed as government entities are generally protected from liability for incidents like this.

Case Study 2: Debris in the Road

A motorist drives over debris left in the roadway by another vehicle. The debris causes damage to the car, and the driver wants to hold the government accountable for not properly maintaining the road. However, similar to the previous case, sovereign immunity limits the driver’s ability to sue the government for damages. Government entities are not expected to inspect every road for debris, and they cannot be held responsible for incidents caused by unforeseen circumstances.

Case Study 3: Challenging Government Liability

In this scenario, a driver’s vehicle sustains damage after hitting a pothole on a poorly maintained road. The driver believes that the government entity responsible for road maintenance should be held liable for the damages. The driver consults with a lawyer to explore potential legal avenues to challenge government liability, such as proving a pattern of negligence or demonstrating that the government had prior knowledge of hazardous road conditions.