Any kind of serious injury can be financially worrying. Medical treatment may cost far more than what is covered by your own insurance. Personal insurance may not cover loss of earnings and compensate for the pain and suffering experienced.
Most states allow injured individuals to claim compensation after an accident which was not their fault, but this process is complicated if the injury was caused by someone working for a government agency or department, or it was the fault of the government itself.
Compensation can be claimed, but the procedure is quite complicated and has to be completed in a shorter time frame than a claim against a private party. You are advised to use a personal injury attorney throughout the claim process.
City and State Laws Regarding Government Personal Injury Claims
As with any claim for compensation there must be sufficient information about the nature of the injury, how it happened and why you think that it was the fault of the city or state employee or agency.
State claims can only also be accepted if there is a ‘special relationship’ between the claimant and the state. Whether this special relationship occurs or not depends on a decision made by the Court of Claims.
Accident Causes Involving a Government Entity
There are several ways you could have a car crash and end up being injured after having an incident with a city government or state government entity. All government departments have at least one vehicle at their disposal.
Police cars, fire service vehicles and buses could all be involved in a collision with your vehicle if driven badly. Generally, it is hard to claim compensation if you are hit by an emergency vehicle responding to a genuine emergency.
Less common causes of a car accident are poor road conditions that are due to lack of maintenance and damage due to the impact from falling debris from a government owned building or structure.
Causes of Car Accidents Involving a City Bus
Bus crashes are primarily due to bus driver error, with less frequent crashes caused by mechanical defects, the weather, poor road maintenance and the erratic movements of other vehicles.
Driver error may involve any one of the following, all of which could lead to a claim against the city:
- distracted driving, e.g. responding to a cell phone call, which is illegal, depending on your state;
- failure to signal correctly;
- failure to yield the right of way;
- driving under the influence of alcohol or drugs;
- failure to look out for other vehicles at an intersection;
- improper or insufficient training,
Use an Experienced Attorney if Considering Claiming Against the City
You are strongly advised to get legal advice if you have been injured by an employee of a government department. If you make a mistake with the claim, fail to provide the information required, or do not submit the claim on time, you may lose the chance to obtain compensation.
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 Cincinnati, or the state government of Ohio, or any other party, you may not be entitled to any compensation.
