Government vehicle and road defect claims

Governmental immunity and its exceptions

Michigan’s Governmental Tort Liability Act makes government agencies immune from most negligence suits. Two exceptions cover most crash claims: the motor vehicle exception and the highway exception. Your no-fault benefits are separate. PIP pays your medical bills and wage loss regardless of fault, usually through your own household policy. See which insurer pays.

Government vehicles: the motor vehicle exception

MCL 691.1405 makes an agency liable for bodily injury and property damage “resulting from the negligent operation” of a motor vehicle the agency owns, by its officer, agent or employee. Police cars, fire trucks, garbage trucks, city pickups, public buses and road commission plows are all covered when driven negligently.

In Hannay v Department of Transportation (2014), the Michigan Supreme Court held that “bodily injury” damages include pain and suffering and wage loss above what no-fault pays. The normal tort rules still apply: you need a serious impairment of body function for noneconomic damages, and you have three years to sue. If the vehicle belongs to the state, the six-month Court of Claims notice also applies. For public transit, see bus accidents.

Many government vehicles carry cameras and GPS. Request preservation of that data in writing right away.

Road defects: the highway exception

MCL 691.1402 requires an agency with jurisdiction over a highway to keep it in reasonable repair, so that it is “reasonably safe and convenient for public travel.” The duty covers only the improved portion of the highway designed for vehicular travel. Sidewalks, crosswalks, trailways and other installations outside the roadway are excluded from this duty; cities and villages have a separate, narrower sidewalk duty under MCL 691.1402a. A city has no duty to repair a county or state road that runs through it.

Which agency

Suing the wrong agency is a common and fatal mistake. State trunk lines (I-, US- and M- routes) belong to MDOT, even when a county maintains them by contract, and claims go against the state only. County roads belong to the county road commission. Local streets belong to the city or village.

What you must prove

• A defect in the roadway, such as a pothole, broken pavement or uneven slab, that made it not reasonably safe for travel.
• The agency knew, or should have known, of the defect and had a reasonable time to repair it. Under MCL 691.1403, if the defect was readily apparent to an ordinarily observant person for 30 days or more, knowledge is conclusively presumed.
• The defect caused your crash and injuries.

Photograph the defect with a ruler or object for scale, and the surrounding area, before it is patched. Prior complaints, 311 records and repair logs can prove notice.

The notice rules

120 days for road defects (MCL 691.1404)

Notice must be served within 120 days of the injury, personally or by certified mail, return receipt requested, on someone authorized to accept civil process for the agency. It must state the exact location and nature of the defect, the injury, and the names of known witnesses. The deadline is 180 days for an injured person under 18, and for someone physically or mentally unable to give notice, 180 days after the incapacity ends.

Courts enforce these requirements strictly. A vague location (“near the intersection”) can sink a claim.

County road commissions after Pearce

In 2016, the Court of Appeals in Streng v Mackinac County Road Commissioners applied the county road law’s 60-day notice (MCL 224.21) to claims against county road commissions. In Pearce v Eaton County Road Commission, decided June 4, 2021, the Michigan Supreme Court overruled Streng and held that the 120-day notice in MCL 691.1404 governs. The 60-day language is still printed in MCL 224.21, so expect some agencies to raise it. Serving notice well inside 60 days avoids the argument.

Six months for the state (MCL 600.6431)

A claim against the state or any state department or agency requires a written claim or notice of intent filed with the Court of Claims clerk. It must state when and where the claim arose, the nature of the claim and items of damage, and the agency involved, and it must be signed and verified before someone authorized to administer oaths. The general deadline is one year, but for property damage and personal injury it is six months after the event. In Christie v Wayne State University (2023), the Michigan Supreme Court held the notice requirement applies to every claim against the state, including those filed in circuit court. A road defect notice against the state filed in triplicate with the Court of Claims clerk also satisfies MCL 600.6431.

Who else may be liable

A private contractor working on the road, or a company whose vehicle hit you, has no immunity. If a government employee drove a vehicle the agency does not own, the owner’s liability statute (MCL 257.401) can make the vehicle’s owner liable for negligent driving done with the owner’s consent.

We send notices and preservation letters in the first days of a case. Contact us now if your crash involved a government vehicle or a road defect.

Sources: MCL 691.1402, 691.1403, 691.1404, 691.1405; Hannay v Department of Transportation (Mich, Dec 19, 2014); Pearce v Eaton County Road Commission and Brugger v Midland County Board of Road Commissioners (Mich, June 4, 2021); MCL 224.21; MCL 600.6431; Christie v Wayne State University (Mich, May 2, 2023); MCL 124.419; MCL 257.401; MCL 500.3135.