Being struck by a government vehicle in Nevada — a Clark County public works truck, an LVMPD patrol car, an NDOT maintenance vehicle, or a Las Vegas city bus — raises a set of legal issues that do not arise in a typical car accident case. The State of Nevada and its political subdivisions can be sued for negligence under Nevada’s waiver of sovereign immunity, but the procedural rules for doing so are strict and the deadlines are far shorter than those in standard personal injury cases. Missing any of these requirements can permanently bar your claim regardless of how serious your injuries are.
Injured in Las Vegas? Call Marathon Law Group at (702) 522-1808 for a free consultation. Our personal injury attorneys work on contingency — you pay nothing unless we win your case.
Nevada’s Sovereign Immunity Waiver — NRS 41.031
Nevada Revised Statutes § 41.031 waives the state’s sovereign immunity and allows injured individuals to bring tort claims against the state, its agencies, and political subdivisions in the same manner as a private person. This includes claims arising from the negligent operation of government vehicles. However, the waiver comes with specific procedural requirements and limitations that differ significantly from claims against private defendants.
Under NRS 41.036, before you can file a lawsuit against a state agency or political subdivision, you must first file an administrative claim with the appropriate government entity. For state agencies, the claim goes to the State Board of Examiners; for counties, to the Board of County Commissioners; for cities, to the City Clerk. You must file this administrative claim within two years of the date of the accident. The government entity then has 90 days to accept, reject, or fail to act on your claim — and only after that period expires can you file a civil lawsuit. The total statute of limitations for the underlying action remains two years from the date of injury under NRS 11.190(3), but the administrative prerequisite compresses your usable time significantly.
LVMPD Patrol Car Accidents
Accidents involving Las Vegas Metropolitan Police Department patrol vehicles present unique issues. When an LVMPD officer is responding to an emergency with lights and sirens activated, Nevada law under NRS 484B.440 provides a qualified privilege to exceed speed limits and disregard traffic controls — but this privilege does not eliminate the officer’s duty to drive with due regard for the safety of others. An LVMPD officer who causes a collision while responding to an emergency is not automatically immune from civil liability if the officer’s conduct was reckless or the emergency response privilege was not properly exercised.
Off-duty LVMPD vehicles, LVMPD vehicles not engaged in emergency response, and vehicles operated by civilian LVMPD employees do not receive the emergency response privilege and are subject to the standard duty of care. Claims against LVMPD are administratively handled through Clark County, as LVMPD is a joint metropolitan law enforcement agency funded by Clark County and the City of Las Vegas.
RTC Transit Bus Accidents
The Regional Transportation Commission of Southern Nevada (RTC) operates the Las Vegas public bus system. RTC is a governmental entity, and accidents involving RTC buses are subject to NRS Chapter 41’s administrative claim requirements. RTC buses carry many passengers and bystanders are exposed to significant risk from large vehicles operating in high-density pedestrian areas on the Las Vegas Strip and downtown. RTC bus accidents also implicate common carrier duty of care — the heightened standard that public transportation operators owe to passengers on board — in addition to the general duty of care owed to other drivers and pedestrians.
Damages Caps in Government Claims
NRS 41.035 limits the total amount recoverable in any tort action against the state or a political subdivision to $200,000 per cause of action. Punitive damages cannot be awarded against government entities. These caps do not apply if the vehicle was privately owned and operated by an independent contractor — which is why the employment and contractor status of the driver matters enormously in government vehicle accidents involving contracted workers.
Contact Marathon Law Group
Marathon Law Group handles personal injury claims involving government vehicles in Clark County, LVMPD patrol cars, RTC buses, and Nevada state vehicles. The administrative filing deadlines are unforgiving — contact us immediately after a government vehicle accident for a free consultation.
If you or a loved one has been injured, contact our experienced Las Vegas car accident attorney at Marathon Law Group. We offer free consultations and only get paid when you win.