If you had an accident while driving your own car or as a passenger in a car in Austin or any other location, and you are sure the accident was due to the actions of a government employee a government agency you may be able to recover the cost of your injuries. It’s never that easy filing a claim against a government body as it’s much harder when compared to a business or a private individual.
This doesn’t mean you should give up and bear the financial burden of a serious injury that was caused by someone else’s negligence. You just have to be aware that government entities impose a deadline on how long you’ve got to file a PI claim and this is difficult to meet if you are still trying to recover from the accident and find it hard to become actively involved in the claim process. To help speed up your claim you should talk to a personal injury attorney who will help you file the PI claim and ensure you meet the required deadline.
City and Laws Regarding Government Personal Injury Claims
If you are the victim of an accident and it took place on government owned property or it was caused by someone who was employed by the government when he or she was carrying out work related duties, you will probably have to wait quite a considerable time before anyone is prepared to take a look at your claim. You will need to complete a notice of claim form which should be submitted no more than 90 days after the accident took place. You will need to provide the following information:
- the name of the person injured and the name of the person whose property has been damaged
- your address;
- an outline of your injuries and any damage to property, if applicable
- when, where, and how the accident took place
- the value in economic terms of the injury or property damage;
- how much you are prepared to accept so as to settle your claim;
- your residency status in the 6 months leading up to the accident
- any useful names and addresses of those who witnessed the accident.
If there is no response to the notice of claim, or the claim is rejected, you can then file a personal injury claim as if you might have done against a private individual.
If a state government employee or agency caused your injuries, the procedure is typically the same.
Potential Accident Scenarios Which Could Involve Government Property
There are several ways you could be involved in an accident with a city owned entity such as:
- a city police department vehicle causes a crash;
- a fire service vehicle rear ends your car at a red light due to eating while on the job;
- a state run bus hits into the side of your auto at an intersection due to faulty brakes;
- the public works department fails to fill in a pothole which you hit causing auto damage and painful whiplash;
- poorly maintained state highway in or around the city.
Accidents Involving Transportation
These types of accidents are typically due to the driver running late and not paying full attention to what’s happening on the roads. Other common reasons for a bus colliding with a car is when a bus driver is attracted by a mobile device he or she is carrying and fails to detect a red light soon enough and has to brake suddenly causing the auto behind to rear end the bus. In any of these situations it’s vital that the cause of the accident is confirmed as quickly as possible. If you are sure the bus driver caused the accident your attorney may be able to find the evidence on your behalf.
An Attorney May Be Able to Pursue Your Claim Against a Government Entity
First of all, the personal injury attorney may be able to assist you with preparing a notice of claim. It’s important that any claim is made within the time limits set for a personal injury claim against a government entity. Your attorney will need to be quick to compile all the necessary evidence as time is limited.
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 Austin or the state government of Texas, or any other party, you may not be entitled to any compensation.
