When the Government Causes Injury: Navigating Sovereign Immunity in Georgia for Accident Claims
Accidents with government vehicles, like a city garbage truck, county school bus, or state patrol car, are not handled the same way as crashes between private drivers. Georgia law gives state and local governments a layer of protection called sovereign immunity, which can block lawsuits in many situations. That doesn’t mean you have no recourse, but it does mean your claim has to meet specific legal requirements.
What Sovereign Immunity Means in Georgia
Sovereign immunity is a legal rule that prevents lawsuits against the government unless the law clearly says otherwise. In Georgia, both state agencies and local governments have this protection, along with employees who are acting within their official duties.
The Georgia Tort Claims Act (GTCA) is one of the main exceptions. It allows people to bring injury claims against the state when a state employee’s negligence, while on the job, causes harm.
For local governments, O.C.G.A. § 36-92-2 waives immunity for negligent use of certain government-owned vehicles. However, compensation is capped:
- $500,000 for one person’s injuries
- $700,000 per incident
- $50,000 for property damage
Filing Deadlines and Notice Rules Are Strict
When the state is involved, Georgia law requires an ante-litem notice within 12 months of the injury. It must name the agency involved, explain what happened, list the damages you’re claiming, and be sent to both the Georgia Department of Administrative Services and the agency itself.
If your claim is against a city or county, the deadline to give notice can be as short as six months. These deadlines are shorter than Georgia’s usual two-year personal injury limit, and if you miss them or leave out required details, the court will likely dismiss your case.
How Morris & Dean, LLC, Can Protect Your Rights
At Morris & Dean, LLC, we know how frustrating it is to be injured because of a government driver’s negligence, only to find out the legal process is far more complicated than expected. We guide clients through every step, from investigating the crash to preparing and serving the proper notices, and we fight to recover the maximum compensation allowed under Georgia law.
If you’ve been injured in an accident involving a state or local government vehicle, timing is critical. Call us at 706-222-3790 or complete our online intake form today so we can get to work on your case right away.