On June 17, 2025, a 39-year-old woman was struck and killed by a semi-truck hauling M1 Abrams tanks after the 250th U.S. Army’s ceremonial parade. This tragic accident in Washington, D.C. serves as a lens through which to explore government accountability and what legal options exist when someone is harmed by a federal vehicle.
Can the Federal Government Be Held Responsible for Negligent Acts?
Sovereign immunity is a legal doctrine that traces its roots back to English common law. When the United States adopted this principle, it was based on the idea that government functions would be paralyzed if it could be sued as freely as private individuals or businesses. For example, it protects emergency responders from being sued for making difficult, split-second decisions in service of the public good. But that protection also makes it harder for injured individuals to seek justice when the government’s negligent actions cause harm. The legal doctrine of sovereign immunity can be waived by the government. The federal government, through Congress, passed the Federal Tort Claim’s Act, under 28 U.S. Code Chapter 171, to address this issue. Under the Federal Tort Claims Act (FTCA), Congress waived the federal government’s sovereign immunity under certain circumstances. This allows for the balance of accountability with functionality, allowing lawsuits under limited circumstances while still protecting the government from being sued indiscriminately.
What the Federal Tort Claims Act Does, and Does not, Cover
Under 28 USCS § 2674, the FTCA waives the government’s “sovereign immunity,” allowing it to be sued in situations where a private party would normally be liable. But several key questions must be answered first:
- Was the at-fault party a Federal Government Employee?
The Federal Tort Claims Act only applies if the individual responsible is a federal government employee—not a private contractor, even if they are doing government work. Determining if the at-fault party is a federal employee is a crucial first step in evaluating whether the federal government can be held liable under the FTCA or if a separate private claim must be pursued. If the at-fault party is a state employee or employee of the District of Columbia, then the FTCA would not apply. - Was the act within the scope of employment?
For the Federal Tort Claims Act to apply, the federal employee must also be performing their job duties when the harm occurred. This can be driving a federal vehicle between work sites, or flying helicopters for military training. - Are there exceptions that apply?
The FTCA includes a long list of exceptions under 28 USCS § 2680, including discretionary functions (policy-based decisions), combatant activities, and claims involving certain law enforcement actions. A military convoy operating under official direction may fall into one of these exceptions.
Why This Matters for Everyday Citizens
In a recent matter we handled, a local resident was seriously injured when a police vehicle ran a red light while responding to a call. That case involved determining whether the officer was within the scope of their employment, whether immunity applied, and whether the Federal Tort Claims Act or a state-level claims act governed the case. This was a state level employee and the FTCA would not apply to this situation, so Virginia sovereign immunity laws would apply.
Most people do not expect to be hurt by a military truck or government vehicle, but it happens more often than you think. From postal truck accidents to emergency response crashes, injuries involving government vehicles raise unique legal issues. If you or a loved one is injured by a government-operated vehicle, you may be entitled to compensation, but the process is different. Unlike standard personal injury claims, you must file an administrative claim, and in most cases, the time frame to put the government agency on proper legal notice is much shorter than standard statute of limitations.
We Are Here to Help Navigate Complex Cases
Our firm is experienced in evaluating these types of claims. We understand the nuances of the Federal Tort Claims Act and state equivalents, and we are committed to helping victims understand their options. Whether you have been injured by a government vehicle or suffered harm during a federal operation, we are here to help you navigate the path forward.
📞 Have questions about a potential claim involving the government?
Contact Curcio Law for a free consultation. Let’s find out what legal options may be available to you.
