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Yes, you can sue a government vehicle in Salt Lake City. However, Utah law requires you to follow strict legal procedures under the Governmental Immunity Act of Utah (GIAU). You must file a written “notice of claim” within one year of the accident to preserve your right to sue.
Filing a claim against a public entity isn’t like filing against a private driver. Special rules apply when the at-fault vehicle is operated by a government employee.
These cases can lead to real compensation, but only if handled correctly and without delay. That’s where a Salt Lake City injury lawyer at Craig Swapp & Associates can help you stay on track from day one.
In a crash involving a government vehicle, you may be able to sue the government agency responsible for the vehicle or the employee driving it, depending on the facts. Under Utah’s Governmental Immunity Act, government entities are generally immune from lawsuits unless specific exceptions apply. Fortunately, negligence involving the operation of a government vehicle is one such exception.
For example, you may be able to file a claim against:
The key legal question is whether the driver was acting within the scope of their employment at the time. If so, their employer, the public entity, will usually bear the legal responsibility.
However, some cases get complicated when off-duty government workers are involved, or when the act was intentional (such as reckless behavior). In those scenarios, the claim may be limited, and your government vehicle accident lawyer will need to evaluate alternate paths to compensation.
Lawsuits against a government vehicle in Salt Lake City begin with a critical first step: filing a proper notice of claim.
Under Utah law, injured victims must notify the relevant governmental agency within 1 year of the date of injury. This is not the same as filing a lawsuit in court; it’s a preliminary procedural requirement.
This notice must include:
Once the claim is submitted, the government entity has 60 days to respond. If it fails to respond or denies the claim, you can proceed to file a civil lawsuit. If the claim is accepted, the matter may settle without litigation.
It’s also important to understand that damages in claims against the government are capped. Utah law limits total damages recoverable against a government per person, per occurrence, and per property damage. These damage caps apply to both economic losses (like medical bills) and noneconomic damages (like pain and suffering), unless otherwise modified by statute.
You have one year to file a notice of claim and 2 years to file a lawsuit. These deadlines are strict. Missing either may prevent you from recovering compensation altogether.
Here’s a breakdown of how the timeline typically unfolds:
Because of the short timeline and potential pitfalls, having legal support early is critical. Every part of the notice must meet state requirements, or your claim may be dismissed on technical grounds. Working with a personal injury lawyer who understands governmental immunity in Utah is key.
Even if you were partially at fault in the crash, you may still be eligible for compensation under Utah’s modified comparative negligence rule. As long as you’re less than 50% responsible for the accident, you can still recover damages, but your recovery will be reduced by your share of fault.
Here’s an example:
Government defendants often argue that victims share fault to reduce their liability. That’s why documenting everything is crucial to protect your rights.
This comparative fault standard applies to all personal injury cases in Utah, including those against public entities. Even passengers and pedestrians can be assigned partial blame if their actions contributed to the injury.
If you were hit by a government vehicle in Salt Lake City, don’t assume the process will be straightforward. Utah’s Governmental Immunity Act and strict notice-of-claim deadlines can quickly derail your case if not followed properly.
Whether the driver worked for the city, county, or state, a personal injury lawyer can help you preserve your rights and recover what you’re entitled to. Public agencies are not above the law, and their drivers can still be held accountable when they cause harm.
Let our team at Craig Swapp & Associates review your case and explain whether suing a government agency for a vehicle accident is the right path forward in your situation. Call us at 801-405-3273 to speak with our lawyer in Salt Lake City, or send us a message about your case using our online form here to schedule your free consultation.
Written By: Ryan Swapp Legal Review By: Craig Swapp