Making a claim for compensation after an injury for which you were not to blame is a perfectly reasonable thing to do. Compensation can help pay for medical bills and replace lost earnings as well as pay for the pain and suffering caused by the injury.
Making a claim against a government agency is quite different from making a claim against a private individual or organization. Government agencies, whether federal, state or local municipalities protect themselves from civil claims with something called ‘sovereign immunity.’
Fortunately, in practice, it is still possible to sue a government entity, but it is advisable to use an experienced personal injury attorney to provide legal assistance.
City and State Laws Regarding Government Personal Injury Claims
Like other states, Alaska has in place a degree of immunity from civil claims made against it called sovereign immunity. However, like those other states, the immunity is waived when it can be proved that an employee of a city government or the state government has caused an injury because of negligence. The same waiver also applies to an agency or department within any government.
To begin the process of claiming compensation, a notice of claim from must be completed and sent to the appropriate department. If you have been injured in a collision with a city bus, then your claim would be addressed to the People Mover, which is a city owned public transit agency.
The notice of claim must be accompanied by pertinent information: your identity, the nature of the injuries sustained, the date and time of the accident and the circumstances, preferably with any photos, medical report and justification for claiming that the government employee or agency was acting in a negligent manner.
If the claim is rejected, you may be able to pursue legal action against the party at fault by filing a personal injury lawsuit with the help of an experienced attorney.
Ways an Injury Could be Caused by a Government Entity
Car accidents are usually caused by negligent driving by other vehicle drivers. These may be government owned vehicles which means that you would have to seek compensation if injured from the government agency itself.
The vehicles may be buses, police cars, ambulances, fire service vehicles or any other government vehicles. All city government departments maintain at least one or two, often many more vehicles.
Other possible causes of injury are accidents after encountering poor road conditions, or when a structure has collapsed or fallen down on top of your car when you were inside.
Causes of Car Accidents
If you are involved in a collision with a city bus, it is likely that you will be worse affected than the occupants of the bus. Most, but not all, bus crashes are due to a poor driving decision by the driver.
Drivers may be suffering from fatigue or affected by alcohol or drugs. They may fail to adhere to road rules, fail to signal correctly, or become distracted by something in the bus.
Not all bus accidents are caused by the bus driver. Another vehicle altogether may be the original cause, its erratic movements causing the bus driver to take evasive action, but the bus ending up colliding with your vehicle.
Poor road surfaces, defective bus parts and faulty components such as steering or brakes may all play a part in the accident.
Use an Experienced Attorney if Considering Claiming Against the City
It is always advisable to talk to an experienced personal injury attorney if you have been injured in a car accident through no fault of your own.
No personal injury claim is easy, but claims against a government entity are particularly difficult, partly because the process is more exact and the time limits involved are generally shorter than claims against a private party.
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 Anchorage, or the state government of Alaska, or any other party, you may not be entitled to any compensation.
