Hit by a City Bus or Government Vehicle in Des Moines? How Suing the Government Works

You are crossing an intersection in downtown Des Moines when a DART bus runs a red light and clips you in the crosswalk. Or a city snowplow drifts into your lane and sends your car into a ditch. Either way, you walk away hurt, staring down medical bills, and trying to figure out who pays when the vehicle that hit you belongs to the government.

Most people assume the process works the same as any other vehicle accident claim. What catches them off guard is that Iowa treats government vehicle crashes differently, with tighter filing procedures, mandatory pre-suit claims, and restrictions on what you can recover. Missing even one procedural step can quietly wipe out your right to compensation, and nobody on the government's side is going to warn you. What follows is a breakdown of how these claims work in Des Moines, what Iowa law allows, and how to protect yourself before a deadline slips past.

Why Government Vehicle Accidents Are Different from Private Crashes

When a private driver causes a collision, you file a claim against the driver's insurance, negotiate, and sue if necessary. Government entities operate under sovereign immunity, which historically shielded them from lawsuits entirely. Iowa has waived that immunity through two key statutes:

• Iowa Code Chapter 669 (the Iowa Tort Claims Act) governs claims against the state and its employees.
• Iowa Code Chapter 670 (the Municipal Tort Claims Act) covers cities, counties, transit authorities, including DART, and other local government subdivisions.

(legis.iowa.gov, Chapter 669; legis.iowa.gov, Chapter 670)

Under both statutes, the government may be held liable when an employee acting within official duties causes injury through negligence, but the filing process differs significantly from a standard insurance claim.

Identifying the Government Entity: State vs. Municipal

Determining which government body operated the vehicle that struck you is one of the most important early steps.

Municipal entities (Chapter 670) include the City of Des Moines, Polk County, and DART, Iowa's largest public transit agency serving 12 member communities across the Greater Des Moines metro area. (ridedart.com)

State entities (Chapter 669) include vehicles operated by the Iowa Department of Transportation, Iowa State Patrol, and other state agencies.

Filing requirements differ between chapters, so a personal injury lawyer in Des Moines who handles government claims can confirm which statute applies before a procedural error derails your case.

The Notice-of-Claim Trap: Filing Deadlines That Catch People Off Guard

Claims Against State Entities (Chapter 669)

For claims against the state, you generally cannot file a lawsuit until you submit a written claim to the Director of the Iowa Department of Management (§ 669.13). The Attorney General then investigates and makes a disposition before litigation may proceed (§ 669.3). Claimants typically have two years from the date of injury to file. (legis.iowa.gov, Chapter 669)

Claims Against Municipal Entities (Chapter 670)

Municipal claims follow a simpler path. Following a 2007 amendment to Iowa Code § 670.5, claimants must commence an action within two years of the injury. (legis.iowa.gov, § 670.5)

While the formal 60-day written notice requirement that existed prior to 2007 was removed, providing early written notice remains a strong strategic move that preserves evidence and starts an official paper trail.

Steps to protect your claim early:

1. Report the accident to law enforcement at the scene. Under Iowa Code § 321.266, crashes involving injury or $1,500+ in property damage require a written report to the Iowa DOT within 72 hours, unless investigated by law enforcement. (legis.iowa.gov, § 321.266)
2. Send written notice to the government entity (city clerk, DART, or Department of Management for state claims) promptly.
3. Consult with a car accident attorney in Des Moines experienced in government tort claims within the first few weeks.

What You Cannot Recover: Damage Limitations Under Iowa Law

Government tort claims in Iowa carry restrictions that private cases do not:

No punitive damages. Both Chapter 669 (§ 669.4(2)) and Chapter 670 (§ 670.4) prohibit punitive damage awards against government entities.

Discretionary function immunity. Under § 670.4(1)(c), a municipality is generally not liable for claims based on discretionary functions, provided the employee exercised due care. Running a red light or failing to yield typically does not qualify as discretionary.

Exclusive remedy against the entity. Under § 670.4(2), you generally cannot pursue a separate civil action against the individual government employee who caused the crash.

Modified comparative fault applies. Under Iowa's § 668.3, your compensation may be reduced by your percentage of fault, and if your share exceeds the combined fault of all defendants, you may be barred from recovery.

Even with these limitations, government accident claims in Des Moines can result in substantial compensation for medical expenses, lost wages, and pain and suffering.

Common Carrier Duty: Why Bus Accidents Carry a Higher Standard

Public transit systems like DART generally operate as common carriers, which typically imposes a heightened duty of care compared to ordinary motorists.

Under common carrier principles recognized in most jurisdictions, a bus operator is expected to exercise the highest degree of care consistent with practical vehicle operation. Conduct that may give rise to liability includes:

• Sudden stops that throw standing passengers to the floor
• Failure to wait for passengers to be seated before accelerating
• Operating at unsafe speeds near bus stops or in pedestrian-heavy zones

If you were a passenger on a DART bus when an accident occurred, the transit authority's duty of care was elevated beyond what a private driver would owe.

Real-World Example: DART Bus Pedestrian Incidents in Downtown Des Moines

Between July 2007 and July 2009, DART buses struck at least seven pedestrians in downtown Des Moines, each time while making a left-hand turn. On July 27, 2009, DART driver Leonidas Flores struck 61-year-old Melissa Dunagan at 9th and High Streets while turning left, and was charged with failure to yield after witnesses confirmed the pedestrian had the right-of-way. (Radio Iowa, July 27, 2009)

One earlier victim, a 24-year-old pedestrian who suffered multiple pelvic fractures and a concussion, reportedly reached a $2.74 million settlement, according to multiple public reports. DART responded by banning left-hand turns in downtown Des Moines and adopting a turn-and-honk safety policy, after a Transit Cooperative Research Program/FTA study found that 69% of bus-pedestrian collisions nationally occurred during left turns. (Iowa State Daily)

Why the case matters: Government entities like DART can face substantial liability when driver negligence causes injury, and documented patterns of similar incidents may strengthen a case. However, every case depends on its own facts, and past settlements should not be treated as a predictor of future outcomes.

5 Mistakes That Can Destroy a Government Vehicle Accident Claim in Des Moines

1. Missing the filing window. Two years may sound generous, but government claims require formal evidence requests for bus footage and maintenance records, and those requests take time. Starting within the first 30 days gives you the runway to gather what you need.
2. Filing with the wrong government entity. Sending a notice to the City of Des Moines when the vehicle was operated by a state agency wastes critical time. Before filing anything, confirm the exact government body by reviewing police reports and vehicle markings.
3. Giving recorded statements without preparation. Government entities typically carry liability insurance or self-insure, and those adjusters use the same tactics as private insurers. Decline recorded statements until you have spoken with a car accident lawyer in Des Moines, because in most situations you are not obligated to provide one before consulting counsel.
4. Failing to document the heightened duty of care. If you were a bus passenger, proving common carrier violations requires evidence a standard police report may not capture. Collect witness contact information, note in-bus cameras, and request DART's incident report through a formal written request.
5. Assuming you cannot sue the government. Iowa law waives sovereign immunity under certain conditions for negligent acts by government employees, yet many accident victims never pursue a valid claim because they believe it is impossible. An attorney who handles government tort claims can evaluate whether your facts meet the statutory requirements.

Quick-Reference Checklist

• Call 911 and get a police report filed at the scene
• Photograph the government vehicle, its markings, and route or unit numbers
• Collect witness names and contact information
• Seek medical attention within 24 hours, even if injuries seem minor
• Identify the government entity (city, county, state, or transit authority)
• Send written notice to the correct entity as early as possible
• Request onboard camera footage and maintenance records in writing
• Do not sign any release or accept any settlement without legal review
• File within the applicable deadline (generally two years; Chapter 669 state claims also require a written claim to the Department of Management)
• Consult an attorney experienced in Iowa government tort claims

Conclusion

Getting hit by a government vehicle in Des Moines does not mean you are out of options, but the path to compensation has more procedural requirements than most people expect. Sovereign immunity waivers, filing rules, and damage restrictions create a process where small missteps can have permanent consequences. If you or a family member has been injured in a crash involving a DART bus, city vehicle, or state-operated vehicle.

Get a free case review now to understand your rights before a deadline passes.

FAQs