Ohio cities such as Columbus, counties and COTA are generally immune but can be liable when an employee negligently drives on the job (R.C. 2744.02(B)(1)). Police and fire emergency runs carry a full defense absent willful or wanton misconduct; EMS runs add conditions (R.C. 2744.02(B)(1)(c)). You generally have 2 years to sue a city, county or COTA (R.C. 2744.04(A)).
This page provides general information, not legal advice about your matter. Contacting the firm does not create an attorney-client relationship.
The government does not pay claims because they are fair. It pays when you prove the exception that strips away its immunity, and when you file in the right court on time. City attorneys, state lawyers and federal claim offices handle these files every day. We level the playing field against all three. Jeckering & Associates, LLC pursues government vehicle injury claims for people hurt in Central Ohio, with its Columbus office at 10 N High St, Suite 301 (614-944-5151).
Which government owns the vehicle that hit me?
Find out first, because the owner decides the law, the court and the deadline. A city, county, township, school district or transit authority is a “political subdivision”; the State and its agencies, and federal agencies, follow different systems.
| Vehicle owner | Examples | Main law | Where and when |
|---|---|---|---|
| Political subdivision | City of Columbus, Franklin County, a township, a school district, COTA | R.C. Chapter 2744 | Common pleas court; generally 2 years (R.C. 2744.04(A)) |
| State of Ohio | State departments, such as the Ohio Department of Transportation | R.C. Chapter 2743 | Ohio Court of Claims; generally 2 years (R.C. 2743.16(A)) |
| Federal government | U.S. Postal Service, military and other federal agencies | Federal Tort Claims Act | Written claim to the agency no later than 2 years after accrual (28 U.S.C. § 2401(b)) |
The crash report usually lists the vehicle owner. If it does not, a public-records request can; see our guide to Ohio public records before a lawsuit.
How does government immunity work for car crashes in Ohio?
Ohio political subdivisions start out immune, then lose that immunity for specific exceptions. For crashes, the key exception covers an employee who negligently drives while acting within the scope of employment (R.C. 2744.02(A)(1), (B)(1)).
The three-step analysis
- Step 1: Is the defendant a political subdivision performing a governmental or proprietary function? If so, it is presumed immune (R.C. 2744.02(A)(1)).
- Step 2: Does an exception apply, such as negligent driving by an employee (R.C. 2744.02(B))?
- Step 3: Can the government restore immunity through a statutory defense (R.C. 2744.03)?
Emergency calls by police, fire and EMS
A city or county has a full defense when a police officer was responding to an emergency call, a firefighter was answering a fire or other emergency alarm, or an EMS crew was responding to or completing a call for emergency care, unless the driving was willful or wanton misconduct (R.C. 2744.02(B)(1)(a)–(c)). The EMS defense also requires a valid license and compliance with the precautions in R.C. 4511.03.
Other exceptions that can matter
Liability can also arise from the negligent performance of proprietary functions, such as operating a busline, from failing to keep public roads in repair or clear of obstructions, and where a statute expressly imposes it (R.C. 2744.02(B)(2), (B)(3), (B)(5); R.C. 2744.01(G)(2)(c)).
Suing the driver personally
An employee of a political subdivision is generally immune unless the conduct was manifestly outside the scope of employment, done with malicious purpose or in bad faith, or wanton or reckless, or a statute expressly imposes liability (R.C. 2744.03(A)(6)). For the full immunity framework, see our guide to suing Ohio governments.
Told the city is immune? Bring your facts to 614-944-5151; we test them against every exception.
What if a state vehicle or state employee hit me?
Claims against the State of Ohio for money damages are heard in the Ohio Court of Claims, generally within 2 years (R.C. 2743.16(A)). There is no jury in that court (R.C. 2743.11).
For injuries covered by the State’s risk-management and liability insurance program (R.C. 9.821–9.83), you must first try to have the claim compromised by the State or paid by its insurer before suing (R.C. 2743.16(B)); if you submit it before the 2-year period runs out, the time it is pending is not counted (R.C. 2743.16(D)(2)). Ohio’s state-employee immunity statute, R.C. 9.86, excludes civil actions arising from the operation of a motor vehicle.
What if a federal or postal vehicle hit me?
You must file a written administrative claim with the federal agency within 2 years after the claim accrues, and before you can sue (28 U.S.C. § 2401(b); 28 U.S.C. § 2675(a)). The Federal Tort Claims Act applies to the U.S. Postal Service (39 U.S.C. § 409(c)).
- If the agency denies the claim in writing, you have 6 months from the mailing of the denial to sue (28 U.S.C. § 2401(b)).
- If the agency does not decide within 6 months, you can treat the silence as a denial and sue (28 U.S.C. § 2675(a)).
- The suit is generally limited to the amount in your administrative claim, absent newly discovered evidence or intervening facts (28 U.S.C. § 2675(b)), so the claim must be complete.
- A judge, not a jury, decides the case (28 U.S.C. § 2402).
What is the filing deadline after a government vehicle crash in Ohio?
Generally 2 years against a city, county or other political subdivision (R.C. 2744.04(A)) and 2 years in the Court of Claims against the State (R.C. 2743.16(A)). Federal claims need a written agency claim within 2 years of accrual.
Shorter periods can apply, and a claim against the wrong government entity does not protect the right one. Identify the owner early and file against every entity that may be responsible.
Are damages limited when you sue the government in Ohio?
Yes, in some ways. Punitive damages are not available against a political subdivision, certain collateral benefits are deducted, and damages that do not represent actual loss are capped except in wrongful death cases (R.C. 2744.05(A)–(C)).
Compensation for actual loss, such as medical bills and lost wages, is not capped by that section. These rules make careful proof of every real loss essential from the start.
What records should I request after a crash with a government vehicle?
Request the crash report, the vehicle and driver records, and any video, and do it early. Agencies keep many records only for set periods.
- Crash report and any supplemental reports
- Dash camera, body camera and bus camera video
- 911 and dispatch audio, and CAD logs showing whether the driver was on an emergency run
- The driver’s assignment, training and prior-crash records
- Vehicle maintenance and telematics data
- Photos, witness names, and your medical records
For what to do at the scene and after, see what passengers should do after a crash, determining fault in a multi-car accident and how a paper trail helps after a crash.
Can I make a claim if I was a passenger on a COTA bus?
Often yes. COTA is a regional transit authority, which Ohio treats as a political subdivision (R.C. 306.31), and operating a busline is a proprietary function (R.C. 2744.01(G)(2)(c)).
That means both the negligent-driving exception and the proprietary-function exception may apply. Report the injury, keep your fare record or pass information, and get the bus and route number.
When does a police crash become a civil rights case?
Rarely, and only on extreme facts. A high-speed chase violates due process only when an officer acted with a purpose to cause harm unrelated to the legitimate object of the arrest (County of Sacramento v. Lewis, 523 U.S. 833 (1998)).
Most police crashes are negligence or immunity cases instead. When force or a seizure is involved, our police misconduct and civil rights pages explain the federal claims.
Frequently asked questions
Is the City of Columbus liable if a city vehicle hit me?
Often yes. Ohio cities are liable for the negligent driving of employees acting “within the scope of their employment and authority” (R.C. 2744.02(B)(1)), subject to the emergency-call defenses.
What if a police car on an emergency call hit me?
The city has a full defense unless the officer’s driving was willful or wanton misconduct. Facts such as speed, lights and sirens bear on that question.
When is a government vehicle injury claim due in Ohio?
Usually within 2 years of the crash: R.C. 2744.04(A) for a city, county or COTA, and R.C. 2743.16(A) for the State in the Court of Claims. For a federal vehicle, the written agency claim is due 2 years after the claim accrues.
Is there a jury in a claim against the State of Ohio?
No. The Ohio Court of Claims decides claims against the State without a jury under R.C. 2743.11.
Can I sue the government driver personally?
Usually not. A city or county driver is personally immune unless the driving was wanton or reckless, done in bad faith or with malicious purpose, or manifestly outside the job.
What if a mail truck hit me?
File a written claim with the U.S. Postal Service within 2 years after your claim accrues (28 U.S.C. § 2401(b)). If it denies the claim, sue within 6 months of the denial’s mailing; if it has not decided in 6 months, you may treat that as a denial.
Were you hurt by a government vehicle in Central Ohio?
Call 614-944-5151 about the crash, or tell us how it happened. We fight for your rights against government defendants, and we fight to win. Talk with our personal injury team about which government is responsible, which court applies and how long you have.
Millions of dollars recovered on behalf of our clients. Past results do not guarantee a similar outcome.
Jeckering & Associates, LLC · Columbus office: 10 N High St, Suite 301, Columbus, OH 43215 · 614-944-5151 · Mechanicsburg office: 16 S Main St, Mechanicsburg, OH 43044 · 937-896-2222 · staff@centralohiolegal.com · Hours Mon–Fri 9:00 AM–5:30 PM