Most people are aware that if they are hurt in a vehicle accident and are not personally to blame for the accident that they may be able to file a claim for compensation against the person they think was at fault. But what if the at-fault driver was a government employee or a government agency was itself at fault?
This is a different situation and it is generally more difficult to obtain compensation as readily as with a private individual or organization. However, as long as the government’s due procedures are followed and in a timely manner, fair compensation for medical expenses and lost earnings may still be possible. It is usually preferable to have an experienced personal injury attorney handle the claim.
City and State Laws Regarding Government Personal Injury Claims
If you are in your own car and are hit by a bus or other government owned or leased vehicle, the New Mexico tort claims law allows a claim to be made in specific circumstances. The injuries you intend claiming for must be due to proven negligence on the part of a city employee in the course of their job, or the fault of a city or state entity. The intent to claim must be first notified to the relevant department or agency in the city with a “notice of claim”. This claim must be submitted within 90 days if it is a personal one or within 6 months if it is a wrongful death claim.
Notices of claim are normally first investigated and may be accepted, although this is not common unless the circumstances are very clear cut. If the notice of claim is rejected, the next step is to file a personal injury lawsuit against the at-fault party or parties, as would be done against a private individual.
As in any compensation claim, the success or otherwise depends on the acceptability of supporting documentation. It is advisable to check with your attorney before submitting a notice of claim to make sure you have enough documentation to support your case.
What Could Cause a Car Crash With City Property?
If you are injured in a car accident in or around Albuquerque, the most likely causes could be:
- a collision with a bus or van;
- a collision with another government owned vehicle, such as a police car;
- poor road maintenance causing your vehicle to have an accident;
- being hit by a government vehicle in a parking lot owned by and adjacent to a government agency.
There are circumstances in which a claim may not be permitted, for example, if your vehicle is hit during an emergency operation. In all cases, whatever you can do to obtain evidence that will help your case, such as making a note of eye witnesses’ contact details, taking photos at the scene of a crash, are useful suggestions.
Use an Attorney to Help You With a Claim Against a City?
It’s not easy making any sort of personal injury claim but claims against a government entity are even more complex. You are strongly advised against trying to do everything by yourself. If you fail to keep to the correct procedure you may not have a second chance. Talk to an experienced personal injury attorney, preferably one with proven success negotiating claims against a city, before submitting a notice of claim.
Disclaimer
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against the city of Albuquerque or the state government of New Mexico, or any other party, you may not be entitled to any compensation.
