When you are involved in a car accident and it’s not your fault once you have received all you are entitled to from your own insurer you are typically permitted to file a personal injury claim from the at-fault driver. This enables you to pay medical bills and to cover any loss of earnings while you are unable to work.
But there are some situations when you may be involved in a car accident caused by a city or state employee or entity. This is when winning compensation may not be so easy, as state and city governments have a degree of immunity against being sued for accidents involving anyone they have employed. So if this has happened to you, it’s important to talk to an experienced personal injury attorney before confronting the city or state with your request for compensation.
City and State Laws Regarding Government Personal Injury Claims
Negligence on the part of the city or its employees must be present before a claim can be filed. There are laws written that are designed to lower the chances of a government employee or entity being named as liable and being sued.
When a personal injury claim is filed, documentation has to be provided that supports your claim so that the city can decide if it is prepared to accept liability for a car accident that involves one of its employees or another government entity. A notice of claim needs to be filed with the city clerk through mail or in person. It’s important you keep a copy of your claim in a safe place as there may be a time limit for filing the claim following the accident. The sorts of documents that need to accompany your claim include medical bills, medical records, photos of damage and injuries and receipts for damage that has been repaired. Contact details of any witnesses should be provided too.
Usually, the claim is denied, but this is not the end of an attempt to pursue compensation. You are now permitted to file a personal injury claim against the relevant city agency that is responsible for your accident.
Potential Car Accident Causes
The most likely causes of car accidents with city employees are those that occur between a smaller car and a public bus. Buses that carry passengers are constantly on the move and have to meet timetable deadlines so it's possible that bus drivers speed to meet these targets.
This puts car drivers at risk of being involved in an accident because the bus might not be able to stop quickly enough at a set of lights. They could also run red lights, just like any other driver This can cause all sorts of accident scenarios that could bring about devastating injuries to the driver and passengers of a smaller car. Of course, you can’t assume that bus drivers don’t call and text on their cell phones while driving, which could cause all kinds of accidents ranging from side swipes to head on collisions.
Accidents Involving Public Transportation
The city has a large fleet of buse to say the least and it needs to keep to its timetabling in order to keep its large passenger base. This means dashing from place to place without necessarily paying attention to other car users. A large bus allowing a tight fit when it’s overtaking another car can invariably cause a serious action like a side swipe or a head-on collision if it can’t pass the car quickly enough.
Sometimes, poor bus maintenance is the cause of an accident, which could entail poor steering or faulty brakes which cause serious accidents with cars time and time again. There is typically no question as to who’s at fault, but the city won’t admit liability easily, so you need to file a claim that’s absolutely bullet proof in order to get the compensation you rightfully deserve.
Use an Experienced Attorney if Considering Claiming Against the City
Because you only have six months to file a notice of claim and it might be rejected, you will need a personal injury attorney to help you file a personal injury claim so that you get the compensation you are entitled to.
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 Long Beach, or the state government of California, or any other party, you may not be entitled to any compensation.
