People who have been involved in any kind of accident involving government property in the city may be able to claim compensation for any injuries they have sustained, but the process is not an easy one. Government entities of all types claim a degree of immunity from civil claims that is not available to private individuals.
Making a claim, if you have been injured in a collision with a Sun Metro bus, for example, is not impossible, but is more difficult than if the bus was owned by Greyhound. It is advisable to discuss the possibility of a claim with a personal injury attorney before getting started.
City and State Laws Regarding Government Personal Injury Claims
The city’s government and the state have similar rules about civil claims after an injury involving government property such as a city bus. You must submit what is called a preliminary “Notice of Claim” within 90 days of the date of the injury. The claim must be submitted to the relevant department or agency that you think was responsible for the injury. The claim must be accompanied by all relevant supporting information about yourself, the injury, what caused it, how much is being claimed and any other useful information.
The claim will be investigated, but more often than not, will be denied. This does not mean there is no chance of compensation, as you are then able to pursue a personal injury claim against the government department just as you would if the party at fault was a private individual or organization.
Potential Car Accident Scenarios
Poor highway maintenance, collision with a government owned or leased vehicle such as a police car or Sun Metro Bus, government car park accidents and a structural failure in a part of a government owned building are the most likely causes of a car accident.
Bus accidents are probably the most common accidents and will involve making a claim against Sun Metro.
Claims against other government departments because of a collision with one of their vehicles may be possible if negligence on the part of the driver of the other vehicle can be proven. Emergency vehicles, such as fire service vehicles or police cars may be immune from making a claim if the vehicle involved in the accident was responding to an emergency at the time.
Car Accidents involving a City Bus
A car accident involving a Sun Metro bus is entirely possible. If negligence is involved, it could be due to driver error, poor bus maintenance or a defective part. In these situations, it may be justified filing a claim for compensation against Sun Metro if proof is available. In some cases, the accident may not be clear cut. The accident may not be your fault, but may be a combination of driver error and anther driver’s fault. In this case separate claims may need to be made.
Sun Metro drivers may be at fault if they have been shown to have been distracted at the time of the crash. Intoxication, fatigue, failure to obey road rules, such as traffic lights, failure to yield the right of way and poor or no signaling could also be reasons for an accident.
An Attorney May Be Able to Pursue Your Claim Against a Government Entity
It is not advisable to tackle a personal injury claim against the city or any state government department without experienced legal help. The consequences of making a small mistake with the claim procedure may mean that you end up losing any chance of getting help paying for medical bills and compensating for lost earnings that were the result of an injury that was not your fault.
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 El Paso or the state government of Texas, or any other party, you may not be entitled to any compensation.
