Discovering which party is at fault for causing a car accident requires the expertise of a personal injury attorney.
A lawyer reviews the official police report, examines the photos taken at the scene of the crash, and interviews witnesses. Filing a claim against another party for negligence can help you receive the compensation you deserve.
However, filing a lawsuit against the city because an employee drove a city-owned vehicle into your vehicle is not as simple as filing a lawsuit for other types of auto accident cases.
Filing a Personal Injury Claim Against the City
When you are involved in a car collision with another party, you file a claim with an insurance company and if negligence was involved, you file a lawsuit in a civil court.
If you experienced injuries caused by the negligence of a city employee driving a city-owned vehicle, then you have to file a claim with the city to initiate the legal process.
The city claim form requests basic information such as your name and contact information. You then move on to the section that asks for a detailed description of the accident, including the date, time, and location.
The city wants you to provide supporting documentation that supports your claim, including copies of medical bills, receipts for property damages, and photographs of the damage done to your motor vehicle.
If the city approves your claim, then you receive compensation from the city. However, the city might deny your claim, which means the time has come to file a civil lawsuit. You must file a claim with the city before you initiate legal action.
The court will not allow you to file a civil lawsuit until the city resolves your claim.
You have 90 days after the date of the auto collision to file a claim with the city. If the city denies your claim, then you have one year to file a civil lawsuit. Failure to meet both deadlines will result in the city dismissing your claim and the court rejecting it as well.
Causes of Auto Accidents with City-Owned Vehicles
The city reacts to snow emergencies by sending out a large fleet of snowplows. During winter, especially during the lake effect snow season, collisions involving city snowplows account for a large number of accidents. Snowplows have the right of way during emergency plowing projects, but the city can be liable for causing an accident because of speeding, reckless driving, and a lack of training.
How Do I Handle an Accident with a Buffalo Metro Rail Bus?
Getting in an accident with a city bus can cause significant damage to your car, as well as send you to the hospital for emergency care. Your lawyer will investigate the accident to determine whether the driver of the bus failed to signal and/or yield the right of way to your vehicle. Driver fatigue and distraction are two other common reasons for bus driver negligence.
Contact a Personal Injury Attorney
If you were involved in an accident with a city-owned vehicle, you should schedule a free case evaluation with a personal injury lawyer. Your attorney can help you file a claim with the city, as well as determine whether you should file a civil lawsuit.
*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 Buffalo, or the state government of New York, or any other party, you may not be entitled to any compensation.
