If you have been injured in a vehicle accident within the city and believe that the other driver was at fault, you may be considering whether you can claim compensation. No personal injury claim is straightforward or easy, even if you think that the cause of the accident was obvious.
Making a claim against a private individual or a private organization is generally easier then claiming against a government entity or employee such as a city bus driver. Governments in the U.S. have what is called “sovereign immunity” which technically makes them immune to civil claims for negligence.
However, the situation is not as bad as it seems and in cases where negligence can be proven conclusively, a personal injury claim is entirely feasible. In all cases of personal injury it is advisable to get advice from an experienced personal injury attorney before submitting a claim.
City and State Laws Regarding Government Personal Injury Claims
Both the city and the state government are technically immune from a personal injury claim against them, but in practice, like most other government entities across the country do allow a claim in exacting conditions.
The first step is to notify the agency you think is responsible for your injury with a “Notice of Claim”. This is not a personal injury claim as such, but a notification that you have been injured by a government agency and wish to claim compensation.
The notice of claim must be submitted to the Mayor’s office (if it is a claim against the city) within 180 days of the injury occurring, together with as much supporting documentation as you can provide.
If the city (or state) does not reply or denies your claim, you may then proceed with a personal injury claim as you might against a private individual.
Generally, the sooner you submit a notice of claim the better. Evidence will be fresher. If you need witnesses later, it will be easier to get statements from them. A personal injury attorney will advise you which documents you will need to make a convincing claim. Here's a little more information on how you can submit your Notice of Claim.
Potential Accident Scenarios Which Could Involve Government Property
There are a number of different car accident scenarios that could lead to a claim being justified against the city or state government. Examples include:
- being hit by a government vehicle in a car park belonging to a government office;
- hit by a government vehicle, e.g. a police vehicle, on a city street;
- hit by a RTD bus or light rail train;
- damage and injury due to poor road construction;
- damage and injury due to the failure of a government building or bridge.
Note that if you have been hit by a government vehicle such as a hospital vehicle, police car or fire engine that is responding to an emergency situation you may not be able to make a claim.
Car Accidents
It is theoretically possible, but unlikely, that you will be involved in a car accident with a light rail train car. Accidents are more likely if you are a passenger, getting on or off the train, not in your own car.
If you do get hit by a bus, it is likely that your vehicle will be damaged and you and any passengers will be injured. The metropolitan area is a city of nearly three million, the 19th largest in America. That makes it a busy place and buses are often in a hurry to keep to their schedules. Accidents usually happen because of mistakes made by a bus driver. Typical accident causes are diver fatigue, failure to yield the right of way at an intersection, failure to signal, distracted driving and intoxicated diving.
An Attorney May Be Able to Pursue Your Claim Against a Government Entity
It is not advisable to contemplate claiming against any government entity without sufficient proof that negligence was involved and legal help from a competent and experienced personal injury attorney. The attorney should have proven experience dealing with claims.
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 Denver or the state government of Colorado, or any other party, you may not be entitled to any compensation.
