If you were hit by a federal employee, government vehicle, or mail truck, your case doesn’t follow ordinary car accident rules. You can’t just call the insurance company or file in state court.

When a government driver causes a crash, your right to compensation falls under the Federal Tort Claims Act (FTCA)—a powerful but complex law that allows individuals to sue the United States Government for negligence.

But there’s a catch: FTCA car accident claims are filled with traps that can destroy your case if not handled properly.

At National Security Law Firm (NSLF), our attorneys have handled government tort cases from both sides. We know the system inside out, and we use that insider knowledge to maximize every client’s settlement or judgment.

Understanding Liability: When the Federal Government Is Responsible

Under the FTCA, the United States is liable for the negligence of federal employees acting within the scope of their employment, just like a private employer would be.

That means if a government worker causes an accident while performing official duties—such as driving a government car, truck, or van—you can hold the United States accountable.

Common Federal Vehicle Scenarios

You may have an FTCA claim if you were injured in a collision involving:

  • A U.S. Postal Service (USPS) truck or mail carrier vehicle

  • A Veterans Affairs (VA) employee driving to or from a facility or patient care visit

  • A TSA or DHS security vehicle at or near an airport

  • A Department of Defense (DoD) or military vehicle operating off-base

  • A FBI, DEA, or ICE agent vehicle involved in an on-duty accident

  • A federal contractor’s vehicle under government control (in some cases)

  • A federal law enforcement pursuit that results in injury or death

Even accidents that occur in parking lots, near federal buildings, or during “routine errands” can qualify if the driver was acting within their job duties.

When the Government Is Not Liable

Not every accident involving a government employee qualifies under the FTCA.

The government is not responsible when:

  • The driver was off duty or using a government vehicle for personal reasons

  • The negligent driver was a federal contractor, not a direct employee (although exceptions exist)

  • The act involved discretionary functions—policy-level decisions that the law shields from liability

  • The injured person failed to properly file an administrative claim within two years

Determining whether your claim qualifies requires an experienced FTCA attorney who can quickly evaluate employment scope, verify federal status, and preserve critical evidence before it disappears.

How FTCA Car Accident Claims Work

Step 1: File an Administrative Claim (SF-95)

Before you can sue, you must file a Standard Form 95 (SF-95) with the correct federal agency—such as the USPS, DHS, or VA—within two years of the accident.

This form must include:

  • A detailed description of the incident

  • The factual and legal basis for your claim

  • A sum certain—the exact dollar amount you’re demanding in damages

If you omit the amount, your claim may be dismissed or capped later.

Read our full guide: Step-by-Step Guide to Completing the SF-95

Step 2: Wait for the Agency’s Response

The agency has six months to investigate and issue a decision. They may:

  • Settle your claim,

  • Deny it, or

  • Ignore it (which is considered a “constructive denial”).

Only after that six-month period can you file suit in federal court.

Step 3: File in Federal Court

If denied or unsatisfied, your next step is filing in U.S. District Court—not state court. Your lawsuit must mirror the facts and “amount claimed” in your administrative filing.
This “amount claimed” rule limits how much you can recover unless you later find new, material evidence—another reason FOIA and early investigation matter.

What Damages Can You Recover?

Under the FTCA, you can recover compensation for:

  • Medical expenses (past and future)

  • Property damage

  • Lost wages and earning capacity

  • Pain and suffering

  • Permanent disability or disfigurement

  • Wrongful death (on behalf of the deceased’s family)

However, you cannot recover punitive damages, and your case must comply with the laws of the state where the accident occurred.

That’s why you need attorneys who can blend state tort law with federal procedure—a rare combination NSLF’s team masters daily.

Why FOIA Is Critical in Government Vehicle Accident Cases

The government controls the records that prove negligence—accident reports, dashcam or bodycam footage, maintenance logs, and driver training records.

At NSLF, we use the Freedom of Information Act (FOIA) as a litigation weapon to uncover:

  • Vehicle inspection and maintenance records

  • Prior disciplinary or safety incidents involving the driver

  • Internal correspondence about the crash

  • Traffic camera and surveillance footage

  • Agency safety policies and compliance failures

This process is led by Matt Pollack, one of the nation’s foremost FOIA experts. A former Acting General Counsel for the U.S. Agency for Global Media and Chief of Disclosure Law at U.S. Customs and Border Protection, Matt spent nearly two decades leading FOIA programs across the federal government.

Under his direction, our firm routinely obtains the evidence the government hopes you never see—giving your case unmatched leverage for settlement or trial.

How NSLF Maximizes FTCA Car Accident Claims

  1. Immediate Evidence Preservation – We send preservation letters to every relevant agency the day we’re retained.

  2. Multi-Layered FOIA Requests – We target safety offices, vehicle maintenance divisions, and legal counsel simultaneously.

  3. Accident Reconstruction Experts – We work with former law enforcement and engineering experts to rebuild the collision scene.

  4. Medical and Economic Analysis – We quantify every dollar of medical loss, income disruption, and future cost of care.

  5. Aggressive Negotiation and Litigation – We prepare every case for trial, forcing agencies to settle fairly or face judgment.

Our Attorney Review Board meets regularly to stress-test each FTCA case, ensuring strategy alignment and maximum outcome potential.

Common Defenses the Government Uses

The United States will not pay easily. Expect these defenses:

  • Scope of Employment Challenge – Claiming the driver was acting personally, not professionally.

  • Contributory or Comparative Negligence – Alleging you shared fault.

  • No Negligence Defense – Blaming weather, road conditions, or third parties.

  • Procedural Bars – Arguing the SF-95 was filed late or incorrectly.

  • Damages Cap Enforcement – Limiting recovery to the administrative amount.

NSLF’s attorneys have fought and defeated these defenses countless times, using inside knowledge of how federal counsel argues and negotiates.

Typical FTCA Settlement Ranges

While every case is unique, past Federal Tort Claims Act (FTCA) settlements and judgments provide a useful benchmark for what similar claims have achieved nationwide. These examples reflect general patterns observed across federal agencies — though actual outcomes always depend on injury severity, medical evidence, and the government’s defenses.

Type of Case Typical Settlement or Judgment Range Example Factors
Postal Truck Accident $75,000 – $400,000 Rear-end or intersection collisions involving moderate injury or surgery
VA Employee Vehicle Accident $150,000 – $800,000 On-duty medical transport or facility vehicle negligence
Airport or TSA Vehicle Collision $100,000 – $500,000 Airfield or security zone crashes with clear liability
Federal Law Enforcement Pursuit Accident $250,000 – $1,500,000+ High-speed pursuits or tactical operations causing severe injury
Wrongful Death Claim $750,000 – $2,000,000 Fatal collisions or systemic negligence involving federal vehicles

⚖️ Important Note:
These figures represent general settlement ranges based on publicly available FTCA outcomes nationwide. Actual recoveries vary depending on injury severity, medical proof, liability strength, and state damages law. The Federal Tort Claims Act does not allow punitive damages, and results are never guaranteed.

Our goal is simple: maximize the settlement or judgment in every case, no matter how hard the government fights back.

Why Choose National Security Law Firm

When your opponent is the federal government, you can’t afford to guess. You need a firm with federal DNA—a team that has fought these battles from both sides.

At NSLF, you get:

  • Danielle N. Moora, former DHS and TSA senior counsel with nearly two decades of federal litigation experience.

  • Matt Pollack, one of the nation’s leading FOIA authorities.

  • Attorneys who are former federal prosecutors, JAG officers, and agency counsel.

  • A Washington, D.C. headquarters and nationwide reach.

  • 4.9-star Google Reviews from satisfied clients.

We don’t settle for minimum payouts. We fight for maximum recovery—every single time.

Ready to Take the Next Step?

If you were injured in a car accident caused by a federal employee or government vehicle, time is critical.
The sooner you act, the more evidence we can preserve—and the stronger your case becomes.

Schedule a free, no-pressure consultation now with our FTCA team at National Security Law Firm, or explore our FTCA Resource Center for more helpful guides.

National Security Law Firm: It’s Our Turn to Fight for You.