When you have an accident in the city while in your own car or while riding as a passenger and it was not your fault, you may be considering filing a personal injury claim against the person who caused the accident.
However, if it involved city transit or another city agency filing a personal injury claim is never as easy as against a private company or individual. This is because states and cities have devised rules to make it more difficult. This doesn’t mean it’s impossible, so long as you contact an experienced attorney who will know precisely what to do and the time that’s required to file the claim.
City and State Laws Concerning Government Personal Injury Claims
You may be surprised to know that there are actually limitations on your right to file a personal injury claim against a government entity for any injuries suffered. This is referred to as “sovereign immunity” and is commonly practiced in most states. However, in specific circumstances anyone in the city or state who has been injured due to the negligent behavior of a government employee does have the right to file a claim for a personal injury.
If you decide to pursue a personal injury claim you are required to fill in a notice of claim form. This has to be completed accurately and the required documents need to be included. If you fail to do this in the allowed time frame of 90 days it’s quite a possibility that you could be denied compensation.
Only when you have not heard about the claim or had it denied can you proceed with a personal injury claim against the city or state government. If your injuries were caused by a state government employee or agency, then the procedure is basically the same.
Auto Accident Scenarios Involving Government Property
The number of potential auto accidents is not that high if government owned property is concerned. Buses are the most likely accident risk, followed by emergency vehicles and then other government owned vehicles. Generally, if you are hit by a police car, ambulance or fire truck which is speeding because of an emergency, you will not be able to make a claim.
You vehicle may in a few situations be hit by a heavy object falling off government property or be involved in an accident that can be blamed on poor city highway maintenance.
In all cases, you must be able to show that the injuries sustained were caused by negligence. Here's a little more information on auto accident scenarios you may experience in Texas.
Reasons for Cars Colliding with a Transportation Bus:
There is so much bus activity on the roads that accidents are quite common.
- driver distracted causing negligent driving behavior;
- driving in a heavily populated area where there is not much room for maneuvering;
- the presence of road construction activities;
- vehicle handling issue due to steering and brake defects;
- bus weighted too much on one side, leading to stability problems.
If there is anything stopping the smooth running of a bus an accident involving other vehicles is more likely to occur causing serious injuries as the heavier bus crashes into a smaller vehicle.
An Attorney May Be Needed When Suing the Government
An experienced personal injury attorney can help you in the preparation of a notice of claim, advise you about tight time limits on filing your claim and help you collect together any documentation that’s needed as evidence which provides the proof you were injured by a negligent employee or government entity. It’s not worth taking on a personal injury claim like this on your own as you will find it difficult to argue your case and get a fair financial settlement.
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 Fort Worth or the state government of Texas, or any other party, you may not be entitled to any compensation.
