If you were involved in a car accident in Jackson, Mississippi, and the vehicle that hit you belonged to a city, county, or state agency—such as a police car, school bus, or public utility truck—the claims process is very different from a normal crash. Suing a government entity in Mississippi is possible, but it’s governed by a strict law known as the Mississippi Tort Claims Act (MTCA). Understanding these special rules is essential if you hope to recover compensation for your injuries and losses.


The Mississippi Tort Claims Act (MTCA)

Under the MTCA, found in Miss. Code Ann. § 11-46-1 et seq., Mississippi partially waives its traditional sovereign immunity, allowing individuals to sue state and local government entities in certain situations. This means you can hold a government agency financially responsible if:

  • The employee who caused the accident was acting within the course and scope of their job; and

  • The employee’s negligent actions led directly to your injuries or property damage.

For example, if a City of Jackson sanitation truck ran a stop sign or a Mississippi Department of Transportation vehicle rear-ended you on I-55, you may have the right to file a claim against the responsible agency.


Strict Notice and Filing Deadlines

Unlike standard car accident cases, where you generally have three years to file a lawsuit, claims against a government entity have much shorter deadlines.

  1. You must file a Notice of Claim within one year of the date of the accident.

  2. The notice must be sent to both the Mississippi Attorney General and the chief executive officer of the agency you’re filing against (for example, the mayor, sheriff, or department head).

  3. You must then wait 90 days before filing your lawsuit in court.

Failing to meet any of these steps or deadlines will likely result in your claim being dismissed permanently.


Damage Caps and Limitations

Even if your claim is successful, the MTCA limits how much compensation you can receive. As of Mississippi law, damages are capped at $500,000 per claim—no matter how severe the injuries or property damage. Additionally, punitive damages and pre-judgment interest are not allowed in these cases.


Common Scenarios for Government Vehicle Accidents in Jackson

  • Police vehicles involved in pursuits or patrols

  • City or county garbage trucks

  • School district or city buses

  • Maintenance or utility vehicles owned by state or local agencies

While government drivers have legal immunity for certain emergency operations, they must still act with reasonable care. If they act recklessly or ignore safety rules, the government can still be held responsible.


Why You Need Legal Help in MTCA Claims

Government agencies often have legal teams that aggressively defend these cases. A small mistake—such as missing a filing deadline or sending notice to the wrong official—can destroy your claim. An experienced attorney can investigate the crash, identify the correct agency, and file all required documentation on time.

Your lawyer can also gather evidence, including police reports, dash-cam footage, and maintenance records, to prove the government driver was negligent.


Call Kellum Law Firm For a Free Consultation

If you’ve been injured in a car accident involving a city, county, or state-owned vehicle in Jackson, Mississippi, don’t wait to act. The deadline for filing a claim against a government agency is short and strictly enforced. Kellum Law Firm, P.C.has extensive experience handling cases under the Mississippi Tort Claims Act and can help protect your rights from day one.

Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 for a free consultation and learn how we can help you pursue justice after a government-related accident.