It can be a shock to be told you cannot claim compensation after an accident caused by someone else. Personal injury claims cannot be guaranteed at any time, but are made much more difficult if your accident happened on government property or you were hit by a government-owned vehicle. Governments all over the U.S. can claim “sovereign immunity” from civil lawsuits against them.
The good news is that this is waived when negligence can be proven. If you have been injured by an employee of a government entity you may still be able to obtain compensation. Contact a personal injury attorney to discuss your legal situation if you were injured.
City and State Laws Regarding Government Personal Injury Claims
Claims against the city or state government can be made following an injury, but the procedure is quite taxing. The time limit for making a claim is much shorter than a claim against a private individual or business and must be carried out according to precise instructions. If you miss a deadline, submit a claim to the wrong office or fail to include details requested, you may lose the chance of obtaining compensation.
Sovereign immunity held by the city and state governments may be waived when negligence has caused injury to a private individual. A claim against a state government entity may be accepted by the state’s Court of Claims if it can be proved that you have a “special relationship” with the state.
Each city has a different procedure regarding claims. The city provides a form on its website which should be filled in with full details of the injury and amount claimed. You have two years to make a claim, but it is in your best interests to act as soon as you can. The conditions under which a claim may be accepted by the city are relatively limited, but if you are involved in an auto accident with a city bus, this should be covered as long as the bus driver was at fault.
Here's a little more information on what you should do if you were hit by a bus driver.
Potential Auto Accident Scenarios Involving Government Property
The city government may accept responsibility for an auto accident in certain circumstances:
- your vehicle has been hit by a government owned vehicle including a police car, ambulance or fire truck as long as they were not responding to an emergency in which case they are exempt from a claim;
- you have been involved in a collision with a city bus;
- your vehicle has been hit by an object that has fallen off a government building or any other government property;
- you have been injured due to negligent road maintenance.
Accidents Involving a City Bus
Bus accidents happen quite regularly and often they are due to bus driver error of judgment. Bus drives are not permitted to use their cell phones when driving, but sometimes they do and the distraction is a reason for a number of collisions. Bus drivers may also suffer from exhaustion, fail to notice other vehicles when turning and misjudge a maneuver because they have been drinking alcohol, or are driving under the influence of drugs.
A bus accident may not be the fault of the driver. In a minority of crashes, an investigation reveals a fault with the steering, brakes or other component due to poor maintenance at the bus depot.
Any one of these factors may be regarded as legitimate reasons for a personal injury claim.
Make Sure You Use an Attorney When Suing A City Agency
You will find it hard to make a claim against a government department after an injury without the help of an experienced personal injury attorney. The attorney understands how the city’s liability to personal injury claims works. He or she can advise you whether you stand a good chance if you make a claim, guide you through the claim process and negotiate on your behalf.
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 government of Columbus or the state government of Ohio, or any other party, you may not be entitled to any compensation. You can speak with a personal injury attorney who handles claims in Columbus by filling out our Free Evaluation.
