Hurt in a Crash With a City, County or State Vehicle? Talk to Us First.

Sometimes, yes. A city or state agency can be sued after a serious crash, but only within the limits of New Mexico’s Tort Claims Act. Those limits include short deadlines, damage caps, and a list of exceptions your claim must fit.

The Short Answer: Sometimes, But Under Different Rules

A government entity can be sued only when your claim fits one of the Act’s listed exceptions. The starting rule is immunity. Under § 41-4-4, a governmental entity and its public employees acting within the scope of duty are immune from tort liability, except as waived by Sections 41-4-5 through 41-4-12 and the New Mexico Religious Freedom Restoration Act.

A crash with a government vehicle does not automatically create a lawsuit. Under § 41-4-3, scope of duty means performing duties the entity requests, requires, or authorizes, regardless of time and place.

Whether a specific claim qualifies depends on the facts. This page explains the rules. It does not predict how any case will turn out. For the wider picture, read our catastrophic injury claims guide.

Which City, Police, and State Vehicles Fall Within the Waiver

A city bus or state vehicle often falls within the motor vehicle waiver. That happens when a public employee drives it negligently on the job. Under § 41-4-5, immunity does not apply to bodily injury caused by a public employee’s negligence in operating any motor vehicle within the scope of duties.

Who counts as a public employee matters. The Act excludes independent contractors, with listed exceptions. A driver working for a private company may be analyzed differently than a city or state employee.

Police cars raise a separate issue. Negligent driving by an officer falls under the motor vehicle waiver. The law enforcement waiver in § 41-4-12 is different. It covers listed conduct such as assault, battery, false arrest, and malicious prosecution. The immunity granted pursuant to Subsection A of Section 41-4-4 NMSA 1978 does not apply to liability for personal injury, bodily injury, wrongful death or property damage resulting from assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, defamation of character, violation of property rights, the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence, failure to comply with duties established pursuant to statute or law or any other deprivation of any rights, privileges or immunities secured by the constitution and laws of the United States or New Mexico when caused by law enforcement officers while acting within the scope of their duties (NMSA 1978, § 41-4-12).

Road conditions are not covered by § 41-4-12, which waives immunity only for listed conduct caused by law enforcement officers acting within the scope of their duties. A pothole left unrepaired may fit. A flawed original design may not.

The Notice of Claim Deadline Comes First

Written notice must reach the government entity within 90 days after the occurrence. Under § 41-4-16, the notice must state the time, place, and circumstances of the loss or injury. It goes to the proper official for that entity.

Notice is a gate, not a formality. Under the same section, no suit or action for which immunity has been waived under the Tort Claims Act can go forward without notice, unless the entity had actual notice. Every case is different, and how a court applies any exception depends on the facts of that case. Section 41-4-16(B) bars suit without notice unless the governmental entity had actual notice of the occurrence. Don’t assume the entity already knows about the crash.

The 90 days do not count time when the injured person is incapacitated from giving notice because of injury. That exclusion has limits, so don’t count on it. Wrongful death claims have a six-month notice window. Suits must generally be filed within two years under § 41-4-15, except that a minor under the full age of seven years has until his ninth birthday to file.

Catastrophic injuries often mean months of hospital care and rehab. Waiting for treatment to end before acting is a common mistake. The clock keeps running.

Damage Limits and What You Cannot Recover From a Government Entity

Recovery from a government entity is capped, and punitive damages are not allowed. Under § 41-4-19, liability is limited to $200,000 for each legally described real property damaged in one occurrence. Medical expenses are capped at $300,000, and all other damages to one person are capped at $400,000.

Total liability for real property and other damages from one occurrence cannot exceed $750,000. The same section bars punitive damages and pre-judgment interest in these judgments.

Other rules narrow the picture. The Tort Claims Act is the exclusive remedy for a waived tort, under § 41-4-17. That section also bars naming an insurance company as a party in a Tort Claims Act action.

For catastrophic injuries, the caps shape how a claim is valued. Medical expenses and other damages fall under separate caps, so the split between them matters.

Who May Be Responsible Besides the Government Driver

A private company can be a separate defendant. Its liability follows general negligence rules, not the government waiver. A claimant must show a duty, a breach measured by reasonable care, and a breach that was a proximate cause of the harm, as Herrera v. Quality Pontiac explains.

A proximate cause need not be the only cause, the last cause, or the nearest one. More than one party can contribute to a single crash.

That makes identifying every at-fault party important.

Maintenance contractors, vehicle owners, and operators may each be possible defendants. The right party depends on who controlled the vehicle, the route, the maintenance, and the scene. Who is at fault is decided based on the facts of each case.

Evidence to Preserve After a Government Vehicle Crash

Start with the facts that fix the time, place, and parties. Write down the report number, date, time, and location. Note the vehicle’s number or markings if you can see them.

Photos of the scene, the vehicle, road signs, and the road surface show the condition at the time. Names and phone numbers of witnesses matter too.

Government records can be lost over time. Transit and fleet operators may keep camera footage, dispatch logs, and maintenance records. Ask for them early and in writing so they are not discarded.

Keep copies of medical records and bills. Also keep a simple journal of symptoms, appointments, and missed work.

Costs, the Free Consultation, and Your Next Step

The first consultation is free, confidential, and carries no obligation to continue.

Josh Wood is the lawyer responsible for this page’s content. If your crash involved a city bus, police car, or state vehicle, you don’t have to sort out the notice deadline alone. Reach El Gringo Law through the contact form to talk through your situation.