A car accident anywhere in or around Minneapolis, or any other American city, is always a possibility. It is a busy city with a large volume of traffic at most times of the day. Car accidents can lead to serious injuries and are a leading cause of fatalities. Compensation for the cost of car accident injures may be forthcoming if it can be proved that you were not at fault and that a particular individual or individuals were to blame.
When government employees, such as those who work for the city government, are considered to be at fault, compensation is more difficult, but not entirely impossible. It is easier to make a claim against the city or the state government if you get experienced legal help.
City and State Laws Regarding Government Personal Injury Claims
The city government, like many local and state governments across the U.S., limits claims against it for personal injury by specific tort claims laws. These allow exceptions to the general law of sovereign immunity when specific acts of negligence on the part of a government employee or agency have caused injury. Car accidents and slip and fall injuries are probably the most common types of claims.
As happens elsewhere in a claim against a government entity it is important to stick to the rules governing such a claim. You must file a "notice of claim" first with the relevant agency or administration, such as the state’s Attorney General in the case of an accident involving state government property. The claim must be filed within 180 days of the injury, but if your injuries allow you to file earlier, this is always the better strategy. The notice of claim should be sent in with as much supporting information as possible. Your attorney can advise you what to include.
This initial claim is typically rejected, but this does not stop you filing a personal injury claim as long as it is within 6 years of an injury caused by a car accident. Again, the sooner you file a claim, the better. The city and state cap damages for injuries caused by a car accident at $1,500,000. To file a personal injury claim, you should connect with a qualified personal injury attorney.
Reasons for a Car Accident Injury Claim Against a Government Entity
If you are injured in a car accident, it is more likely to be caused by a private individual than a government employee, but there are many causes of car accidents, some of which do involve government property.
Injuries may be caused by:
- parts of a government owned building falling on your car;
- negligent driving by a city employee, providing that the employee was working at the time;
- poor road surface caused by negligent maintenance;
- faulty road signage causing an accident.
Theoretically it may be possible to make a claim after your vehicle has been hit by an emergency services vehicle, such as a city police car, but usually claims are prohibited if the accident was caused by a vehicle responding to a genuine emergency.
Accidents involving a City Bus
The chances of being hit by a city bus are relatively low, but accidents certainly happen. A car accident involving a city bus may be caused by driver error, maintenance problems with the bus, defective parts, poor road maintenance or signaling failure. Bus driver error is the most common cause of a car and bus collision.
Bus driver error may include:
- lack of concentration when turning, changing lanes, or leaving a bus stop without signaling;
- intoxication from drinking alcohol or taking drugs;
- speeding;
- excessive fatigue;
- distracted driving, typically the illegal use of a cell phone;
- aggressive driving;
- insufficient training.
Use an Experienced Attorney if Considering Claiming Against the City
It’s hard enough to win any personal injury claim as you have to have enough evidence to prove negligence has occurred and that the negligence caused your injuries. Making a claim against any government entity adds a level of difficulty which makes it hard to successfully obtain the level of compensation you need without legal help. Contact a personal injury attorney who has had experience suing government entities before submitting a notice of 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 Minneapolis or the state government of Minnesota, or any other party, you may not be entitled to any compensation.
