Few people really worry when they drive around a city they know well, but an unexpected accident is always possible. However well you drive yourself, it is not possible to predict the erratic behavior of some other drivers or know whether a particular stretch of road has been badly maintained.
If you are injured and believe that the city or one of its employees was at fault, you should contact a personal injury attorney before considering making a claim. Claims against government entities can be more difficult to make than those against private individuals or organizations, but not impossible.
Personal Injury Claims Against a City or State
American cities enjoy what is called “sovereign immunity.” This means in practical terms that the city needs to have prior warning that it could be sued. There are other preconditions which need to be met, too. The time frame in which a city or state government entity is notified of a claim is much less than against a private entity. The notice of claim alerts the government department to the potential public risk, which can prevent further risk as well as serve as a budgetary guide to the potential financial consequences of a successful claim for damages.
A notice of claim must be submitted to the city’s Risk Management Division (the city’s insurer) within 6 months of the injury occurring. You should then receive a response accepting or rejecting the claim within a further 45 days. If the claim is rejected, you can then go on and file a personal injury lawsuit against the city. All documentation and useful supporting evidence that was sent in with the notice of claim must be submitted again with the personal injury lawsuit.
Here's a little more information on statute of limitations and how they can affect your claim.
Car Accidents in the City Caused by a Government Entity
Fresno is sometimes full of fast moving traffic, like all cities are. Some of these vehicles are owned by the municipal government or the state government and operated by government employees. You have a greater chance of being hit by a bus than any other vehicle, but there are a number of other vehicles in the respective government fleets and it is entirely possible that you could be hit by any of these vehicles if the driver in them is not concentrating.
The condition of the road surface is also a factor in car accidents around the city. Where the road has not been maintained for some time, the surface can precipitate an accident. More rarely, pieces of masonry, roofs or loose material from a government building may fall on a vehicle and cause injuries.
Accidents Involving Public Transportation
If you do get hit by a government vehicle, it is more likely that it is one of the city’s 100 buses or a Handy Ride (a paratransit service) minibus than anything else, simply because there are more of these vehicles and they are expected to maintain a schedule, whatever the state of the traffic. That means that things can get hectic, especially at rush hour.
Bus drivers do not always acknowledge the position of surrounding vehicles, relying on their superiority of size to muscle their way around the streets. Most bus drivers are well trained and keep to the rules of the road as well as safety criteria maintained by the city’s Public Transportation Department. However, occasional lapses in standards can mean a serious collision, with typical causes including:
- distracted driving, such as the use of a cell phone;
- intoxication or illegal use of drugs;
- fatigue;
- speeding;
- failure to show stopping or turn lights;
- failure to check mirrors for nearby traffic.
A Personal Injury Attorney Can Help You With a City Claim
It can be stressful enough coping with a serious injury caused by someone else’s poor driving, but attempts at securing compensation can seem overwhelming. It is advisable to take your case for compensation to an acknowledged government claims personal injury attorney rather than try and battle on all by yourself. The attorney can give an opinion about your chances of success if you think there is a case against the city and help you through the long winded process.
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 Fresno or the state government of California, or any other party, you may not be entitled to any compensation.
