Nobody wants to get hurt, but sometimes accidents can happen even when you least expect it. There is a general expectation that if you are injured as a result of someone else’s carelessness or negligence that you should be able to claim compensation from that person. All states, including Tennessee, make provision for civil claims after an injury which is not the fault of the injured.
If the negligent party is a government employee or department, a claim is generally quite a bit more difficult as a result of immunity provisions that all government entities possess across the U.S. This doesn’t mean it is impossible, though, just harder. Talk to an experienced personal injury attorney first before making any kind of personal injury claim.
City and State Laws Regarding Government Personal Injury Claims
Both the city and the state government have some protection from civil claims made against them, but do allow genuine claims where negligence by one or more of their employees or a government department has caused injury or property damage. As is the case with most governments across the U.S., the formal claim procedure must begin by submitting a “Notice of Claim” with the relevant government department. The city’s website does have instructions on making a claim and different forms depending on what the cause of the accident was.
If a notice of claim is denied, then you may be able to successfully obtain compensation through a personal injury lawsuit. Here's a little more information on how to start a PI claim.
Note that there are strict time limits for submitting the initial notice of claim, as well as a personal injury lawsuit if the notice of claim is unsuccessful. Also, the state has brought in legislation which quite severely caps the non-economic damages component of a lawsuit. This includes limiting payments for pain and suffering and punitive damages. The law change applies equally to lawsuits against private parties and those against government entities.
Potential Car Accident Causes
There are many ways that you could be injured as a result of an accident involving government property, but if you have had a car accident, the most likely cause is bad driving by a driver of a government owned vehicle, or poor road surface. For any claim to succeed it must be proven that negligence was involved, so in the case of a poor road surface it must be shown that maintenance was lacking.
Car accidents in which a private car has been hit by a government vehicle are fairly common. The most likely accident would be with a MATA bus, but other vehicles owned or leased by the government, as long as they are not speeding in response to an emergency, may also be the cause. Examples are departmental vehicles, police cars, fire service vehicles and ambulances.
Accidents involving the Public Transportation
MATA buses and trolleys cater for over eight million rides every year. Buses are expected to run to a schedule and this often puts pressure on drivers to take chances when the traffic is heavier than usual. Fatigued and over stressed drivers, distracted driving and occasional intoxication or drug taking are causes of accidents. Bus drivers may also fail to signal properly when maneuvering or fail to acknowledge another driver’s right of way when changing lanes or at an intersection. As with any other personal injury claim, if a bus driver is alleged to be to blame for an accident, there must be sufficient proof to justify a claim being accepted.
Use an Experienced Attorney if Considering Claiming Against the City
Serious injuries can become very expensive. If you are not adequately insured, you may be dependent on making a successful claim against the person or other party who caused the accident in which you were injured. There is no sense in jeopardizing your chance of winning a claim by not using an experienced personal injury attorney to help you, especially if your accident was caused by a government employee or agency.
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 Memphis or the state government of Tennessee, or any other party, you may not be entitled to any compensation.
