Some accidents are not caused by private individuals but by employees of a government entity, such as a city department. If this is what has happened to you, you will need to get legal advice from an experienced personal injury attorney who has dealt with claims against the government before.
Suing a government entity is quite possible, but you do have to know how to go about it and what the time limits are before the claim is declared invalid.
City and State Laws Regarding Government Personal Injury Claims
If you have been injured in a car accident and believe that a city employee or department was responsible, you must notify the department involved through a notice of claim within 6 months of the injury.
In fact, you are advised to submit the claim as soon as you can as you have a limited time to file a lawsuit against the department if your initial claim is rejected, which is more common than not.
The claim form can be downloaded off the city’s own website. Instructions are provided, but it is definitely advisable to check with a personal injury attorney that what you are submitting with the claim will be sufficient. The more relevant information you can make available with the claim, the better.
The city (or state, if an employee or agency of the state government is involved) has 45 days to respond. If they fail to respond, it can be taken as a rejection. In fact, this is the most likely outcome, but this then frees you to submit a personal injury claim as you might have done anyway if the injury had been caused by a non-government party.
What Could Cause a Car Accident?
If you have had a car accident, it is most likely to have been caused by a private individual. However, accidents caused by negligence are also caused by government employees and the agencies they work for.
Typical causes of car accidents involving government owned property or government employees include:
- distracted driving;
- impaired driving;
- speeding;
- road rage;
- running a red light.
Bus driver error includes things like distracted driving, becoming more common, untrained or poorly trained drivers, refusal to follow traffic rules, drug or alcohol use, fatigue and failure to indicate when maneuvering.
Use an Experienced Attorney if Considering Claiming Against the City
Making a personal injury claim is never easy, but a claim against a government, whether it is a city or state, is always more protracted and difficult. If you make an initial mistake, you could lose your opportunity to secure much needed compensation.
You are therefore strongly advised to discuss your claim with a personal injury attorney before submitting it.
Additional Resources
*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 Anaheim or the state government of California, or any other party, you may not be entitled to any compensation.
