If you have been injured by a government employee or because of a failure by a government agency in the city, the options for recovering damages are not as easy as recovering them from a private individual, business or privately run organization. Obtaining compensation is not impossible. It is just more difficult and has to be completed within a shorter time frame. You are advised to contact a personal injury attorney before taking legal action against a negligent government party.
City and State Laws Regarding Government Personal Injury Claims
The municipal governments and state government may have “sovereign immunity” like many other governments across the U.S., but do allow claims against them under exacting circumstances. There must be clear evidence that a government employee or government agency has behaved in a negligent way and that this act of negligence has caused an injury.
Before a personal injury claim can be submitted, you must submit a notice of claim within 170 days of the injury occurring. The government website as well as the state government has an online claim form which can be filled in and lodged with the appropriate authority. Care must be taken to ensure that it is deposited with the correct government office.
A notice of claim must include details of the injury or injures and how it happened, together with evidence of medical treatment and associated costs.
If a claim is rejected after an investigation is made, then this leaves you with the option of civil action. A personal injury claim must be made within 270 days of the injury, although it is in your best interests to get the ball rolling as soon as you can if your attorney thinks you have a case.
Causes of an Auto Accident Involving the City Government
If the accident happened while driving on a city road or state highway, the most likely cause would be an accident involving a city bus or other government vehicle. Other possible scenarios are faulty construction, maintenance or design of city property that leads to it failing in some way and causing an accident while you are in your car. Even trees that fall on top of your car that are owned by the city may be a reason for a claim if it can be shown that the tree was known to be a potential danger yet nothing was done about it.
Auto Accidents Involving an IndyGo Bus
Buses run to a schedule, and drivers are under pressure to make uptime if they have been delayed by traffic. Bus drivers are not always trained as well as they should be and may make mistakes. Even older, more experienced drivers may cause an accident because of errors that they make.
In particular, drivers may cause a collision with a private vehicle if the driver is:
- too tired to concentrate;
- distracted by something, e.g. a cell phone call;
- affected by alcohol, drugs or medication;
- speeding;
- failing to adhere to traffic rules, especially where these apply to bus movement;
- take insufficient care when passing.
More rarely, an accident may be caused by a poorly maintained bus. Insufficient maintenance at a city bus depot may be regarded as negligence.
Make Sure You Talk to an Attorney Before Taking Legal Action
Taking legal action against the city or the state government is not to be taken lightly, especially if you have had serious injuries. The claim must be submitted well before the official time limit and there should be clear evidence that a government employee or an agency of the government was acting negligently.
The chances of you winning a claim without the help of an experienced personal injury attorney are relatively slim, especially when filing a claim against the government.
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 Indianapolis or the state government of Indiana, or any other party, you may not be entitled to any compensation.
