Have you been unfortunate enough to have been injured in a car accident? If you have and you were not at fault, you may be wondering whether it is possible to sue whoever was to blame for your injuries. A personal injury claim is not to be taken lightly, especially so if the at-fault party was an employee of the city. Can you sue the government? You can, but it’s not easy. Before you do anything, it is best to discuss the accident with a personal injury attorney who has had this sort of experience.
City and State Laws Regarding Government Personal Injury Claims
City, country and state governments all have “sovereign immunity”, but do allow claims against them in cases of genuine negligence on the part of one of their employees or an agency within the respective government. The time limit in which a notice of claim must be submitted is 1 year from the date of the injury.
Each city has a place on its website where a claim form can be downloaded. Instructions must be followed so that the claim is not dismissed outright.
Claims should include information about the injury, how it happened, why you are blaming a government employee or the government agency involved, how much you are planning on claiming (there is a $200,000 cap for individual claims) plus any supporting evidence including medical reports and bills.
If a notice of claim is not accepted you can then try filing a personal injury lawsuit against the agency involved in the accident.
What Might Lead to a Car Accident Claim Against the City?
Car accident claims against the city may be due to one of several different causes. Some of the most common reasons for a claim against the city after a car accident are listed below.
- collision with a TARC bus;
- collision with a city owned vehicle on city business;
- street conditions unsuitable and caused by lack of maintenance or poor standard of maintenance;
- hit by a vehicle owned by the city in a parking lot adjacent to a government building;
- hit by a piece of material that fell off a government building under construction or repair;
- damage due to a defect in a city bridge.
Here's a little more information on what you should do if you're involved in an auto accident in the city of Louisville.
Reasons for a Bus Accident
p>If you have been involved in a collision with a busy bus and do not believe that you were at fault it is probable that the bus driver was to blame, although poor maintenance or defective vehicle parts may also be involved. It is important that you have sufficient proof of why the accident took place and why you are considering suing TARC for your injuries.
Bus driver error may be due to insufficient training, distracted driving, failure to follow road rules including speed limits, signaling and yielding when another vehicle has the right of way at an intersection. Witnesses at the time of the accident could prove crucial to your claim being recognized and accepted.
Legal Help With a Claim Against the City
Claims against a government, whether it's a city, a state government, or the federal government, need special care. Because of the restricted time limits and greater expectation of supporting documentation, it is preferable to have experienced legal advice during the claim process. Speak with a personal injury attorney today to determine if you have a valid claim.
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 Louisville or the state government of Kentucky, or any other party, you may not be entitled to any compensation.
