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Getting into an accident with a fire truck raises questions without easy answers. Who is responsible? Do I sue the city? Is there any way to get compensation for my injuries? These claims follow different rules than a normal car crash, or even a crash with an 18-wheeler. The driver was rushing to an emergency in a truck that belongs to your city or county, which changes what the law requires of you and what it allows you to recover.
The answers depend partly on facts that are easiest to pin down in the first days.
The Fire Truck Was Going Too Fast. Can They Do That?
Only within limits. A fire truck responding to an emergency call may exceed the speed limit as long as its driver is sounding a bell, siren, or exhaust whistle (Miss. Code § 63-3-517), and the special privileges end when the call does (§ 63-3-205). A truck driving back to the station with no call has none of that cover.
The same section maintains two limits. The driver must still drive “with due regard for the safety of all persons using the street,” and the exemption does not protect a driver “from the consequence of a reckless disregard of the safety of others.”
You have duties on the road too. When an emergency vehicle approaches sounding a siren, exhaust whistle, or bell, you must yield the right-of-way, pull to the right edge of the road clear of any intersection, and stop until it passes (§ 63-3-809(1)). Whether you had time to do that can come up in your claim. The rule for parked emergency vehicles with flashing lights is different, and it is covered in our post on Mississippi’s Move Over law.
Can I Hold the City Responsible for the Accident?
Yes, but the Mississippi Tort Claims Act sets a higher bar than an ordinary crash claim. The Act waives government immunity for torts committed by employees acting within the scope of their employment (§ 11-46-5(1)). It then exempts fire protection claims unless the employee “acted in reckless disregard of the safety and well-being of any person not engaged in criminal activity at the time of injury” (§ 11-46-9(1)(c)).
Reckless disregard is a higher standard than the ordinary carelessness behind most crash claims. It is also the same phrase the traffic statute uses, which links the two halves of your case. How the truck was being driven, including its speed and whether its siren was sounding, is the kind of evidence that bears on whether the department can be held liable at all.
How Long Do I Have to File a Fire Truck Accident Claim in Mississippi?
You have one year from the date of the crash, and a written notice of claim must be filed at least 90 days before you sue. As of 2025, § 11-46-11 sets the one-year limit, which is far shorter than the three-year limit Mississippi allows for most personal injury claims under § 15-1-49.
The notice goes to a specific office, depending on who employed the driver:
- For a city, the city clerk.
- For a county, the chancery clerk.
- For a state agency or any other political subdivision, that entity’s chief executive officer.
It must be in writing, delivered in person or by registered or certified mail, and it must state:
- the facts and circumstances of the crash
- the extent of your injuries
- the time and place the injury occurred
- the names of everyone known to be involved
- the amount of money damages you are seeking
- where you lived when you were injured and when you filed the notice
Filing the notice within the one-year period pauses the clock for 95 days from the date the entity receives it. You cannot sue until the entity denies the claim or the pause ends, whichever comes first. You then have 90 more days to file suit, and the statute calls a missed deadline “an absolute bar to any further proceedings under this chapter.”
How Much Can I Recover From the Fire Truck Accident?
The most a government entity can owe is $500,000 for a crash that happened on or after July 1, 2001. Section 11-46-15 caps all claims from a single occurrence at that amount, so everyone hurt in the same crash shares it. A judgment against the entity cannot include punitive damages or interest before judgment, and attorney’s fees are not awarded unless another law allows them.
Your own uninsured motorist coverage does not erase these limits. Mississippi’s UM statute pays what you are “legally entitled to recover” from “the owner or operator of an uninsured motor vehicle” (§ 83-11-101(1)), so it does not replace a claim that immunity has already barred. Whether it can reach amounts above the cap depends on your policy and the current statute, which is why it’s important to read your policy early.
The cap applies to claims against the government entity and its employees. A shop that serviced the truck, a manufacturer whose part failed, or another driver whose conduct contributed to the crash can face separate claims, and a defective part can support a product liability claim. The deadlines for those claims can differ, so each one needs its own look.
What If I Was a Firefighter Who Was Hurt in the Crash?
A city or county firefighter hurt on duty is usually covered by workers’ compensation. The Tort Claims Act bars a claim by a government employee whose injury is covered by workers’ compensation benefits from that employer (§ 11-46-9(1)(l)).
A separate third-party claim against another driver, a manufacturer, or a contractor may still exist alongside a workers’ compensation claim. Giddens Law Firm also has pages on on-the-job injuries for firefighters and workers’ compensation.
Who Can Help With a Fire Truck Accident Claim in Mississippi?
Giddens Law Firm handles personal injury claims from offices in Jackson and Gulfport. John Giddens has practiced since 1999 and holds an AV Preeminent rating from Martindale-Hubbell, a peer-review rating.
Call 601-355-2022 to talk through what happened. The one-year clock under the Tort Claims Act starts on the day of the crash.