Driving around the city, or anywhere else populous can be hectic. There are large volumes of traffic, day and night. Accidents are an everyday occurrence. If you are injured by a city employee driving recklessly or the accident has been caused by poorly maintained city infrastructure you may be able to obtain compensation despite the city government’s tort laws and the existence of sovereign immunity. You will need the help of an experienced personal injury attorney and a lot of persistence if you wish to succeed.
City and State Laws Regarding Government Personal Injury Claims
Like other cities in America, the city government of Oakland is prepared to waive restrictions on civil claims against if genuine cases of negligence on the part of the city have caused injuries. The first step is to submit a notice of claim to the city attorney’s office. This has to be done within 6 months of the injury, or any claim will be rejected. Typically, the city will respond with an acceptance of the claim or it will be rejected. More often than not, the claim will be rejected and you will then have to file a personal injury claim against the relevant city department with the help of an attorney. You have 1 year from the injury to file a personal injury claim if the initial claim is rejected.
It is important not to leave anything out of either the notice of claim or the personal injury claim. Details to include are your name and contact information, the circumstances of the accident, when and where it happened, what your injuries were and why you think the city was to blame. You should include any medical reports, bills and witness statements to corroborate your claim.
Potential Car Accident Causes
You are probably most likely to be hit by a city bus if you are hurt by city property, but there are a number of other causes of a car accident. Every government department has a number of vehicles at its disposal. Your accident may have been caused by negligent driving by any city employee in one of these vehicles. The only exception is when you have been unfortunate enough to have been hit by a vehicle responding to a genuine emergency, such as a police car. It is not permitted to make a claim if that is what has happened.
The other less likely possibility is that your vehicle has been the victim of falling debris from a government building or structure, some sort of infrastructural failure, or poor road surface conditions caused by negligence on the part of the city. Here's a little more information on how to determine negligence.
Accidents Involving a City Bus
- Most of the transport options supplied by the city are the bus routes, many of which serve the universities and colleges in the areas with stations and shopping centers.
- If you have a car accident in the city area, and it involves a public transit vehicle, it will most likely be a bus.
- Bus driver error probably accounts for the majority of accidents, but buses that have escaped proper maintenance or have been fitted with defective spare parts, like tires, steering, lights and brakes may also cause car accidents.
- Driver error includes distracted driving, fatigue, poor training, drug or alcohol use, speeding and failure to adhere to traffic regulations.
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 Oakland or the state government of California, or any other party, you may not be entitled to any compensation.
