If you are involved in a vehicle accident in the city and believe it was the fault of a government employee or other government entity, then there is a mechanism available to allow you to claim compensation.
As with any claim against a government agency or department elsewhere in the U.S., the procedure is not as straightforward as filing a claim against a private individual or organization. It is advisable to seek legal guidance from an experienced personal injury attorney if you are considering making a claim against the city or state governments.
City and State Laws Regarding Government Personal Injury Claims
As government entities, technically both the city government and the state governments are immune from civil claims against them. However, in reality, claims are allowed under quite exacting conditions and within a tighter time frame than if claiming against a private party.
Most cities have a website which addresses claims made against it and provides forms that can be used to officially notify the city that you are intending to make a claim. A Notice of Claim can be downloaded and filled in and then sent in with supporting documentation.
A notice of claim after a car accident involving government property such as potholes or other defective road causes must be submitted within 30 days of the accident, but if the accident involved a government owned or leased vehicle then there is a longer period allowed, i.e. two years from the date of the accident.
Claims of property damage or personal injuries must be accompanied by sufficient evidence of costs, such as medical receipts and repair bills. Basically, as much relevant evidence as possible should be submitted, such as photos of the crash scene, registration plates of any government vehicle involved and a police report.
What Could Cause a Car Crash With City Property?
The most likely car accident involving government owned or leased property is with a vehicle, especially a bus. Buses are the most common form of transport likely to be encountered on any of the city's roads and some of the largest. You may be less likely to have a collision with any other government vehicle belonging to one of the city’s departments, such as the police or health departments. Generally, you won’t be able to sue police, fire service or ambulance if any of their vehicles are responding to an emergency.
Other possible accident scenarios in which you or a passenger could be injured is if the road which you are using is in poor condition. Claims against the city may be allowed in such situations.
Accidents involving the City
Bus accidents, assuming you are not at fault yourself, are most likely to be caused by driver error. Bus drivers are under pressure to keep to a schedule in the busy city and may fail to maintain safe driving habits at times. Fatigue, distracted driving, aggressive driving, lack of training and intoxication can all contribute to a nasty accident, leading to a personal injury claim.
Use an Attorney to Help You With a PI Claim Against the City
Claims against the city or the state government are not best attempted unless legal advice is obtained first. It is important that a claim against a government entity is done the right way, with sufficient supporting documentation and within prescribed time limits. An experienced personal injury attorney will help guide you through the process more effectively than you could do it all by yourself.
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 Boston or the state government of Massachusetts, or any other party, you may not be entitled to any compensation.
