Have you been involved in a car accident and were injured? If the accident involved a negligent act by a government employee, or a city department was responsible, you may be wondering if you are able to claim compensation. The answer is that you can, but it is neither a fast process nor easy. If you are considering filing a claim against the city, or the state government after a car accident, you should discuss the accident with an experienced personal injury attorney first.
City and State Laws Regarding Government Personal Injury Claims
The state and city governments in certain states have what is called ‘sovereign immunity,’ which provides them a degree of protection from civil claims made against them. It is an ancient law inherited from English law where it was used to protect the royalty, which was perceived as incapable of doing any wrong! Over the centuries, sovereign immunity has been modified to some extent, as most governments now allow claims against them as long as very specific conditions are upheld.
If you are contemplating a claim against the city, you must follow the city’s rigid claims policy. The first step is to notify the city’s attorney’s office of intent to sue. This is via a notice of claim which you can obtain from the city's website. It is helpful to get advice from an attorney before submitting the claim form with all supporting information.
The city may agree to providing compensation, but the amounts are capped quite significantly. If the claim is rejected, you may then resort to filing a personal injury claim with the district court the same way that might have happened if you had been hit by a private vehicle owner.
Potential Car Accident Causes
Car accidents in the area are mostly caused by other drivers. City employees may have a number of government-owned vehicles at their disposal and negligent driving may then cause an unwanted accident. If your vehicle has been hit by a police car or other government vehicle responding to a genuine emergency, then you may be denied the option of filing a claim.
The poor state of some government buildings may cause a car accident if part of the structure collapses or falls off. This could happen if your car is in an adjacent parking lot.
Poor road maintenance may contribute to a car accident, especially if a large hole is in the road ahead and causes you to swerve to avoid it.
Accidents Involving a City Bus
If you have a collision or accident with city property in or around the city, the chances are that it is with one of the many city buses operated by Metro Transit.
The number of car accidents involving bus crashes is relatively small, but is still significant. These accidents have several causes, but mistakes made by the bus driver tend to be most common. Minor reasons for a bus crash are poor road maintenance, swerving to avoid other vehicles, poor bus maintenance and defective parts.
Driver errors include:
- distracted driving;
- speeding and other road rule infringements;
- fatigue;
- drug or alcohol use;
- poor concentration or failure to check for other vehicles.
Hire a Personal Injury Attorney if Considering Claiming Against the City
Any sort of personal injury claims are often too much for an ordinary person to handle without legal assistance. City or state claims are just that more complex. It doesn’t make sense to lose the chance of obtaining much needed compensation for an injury or injuries that were not your fault by avoiding using a personal injury attorney. An experienced attorney can provide advice, help with submitting claims and negotiate when things get complicated.
Helpful Resources
Auto Accident Resources in Nebraska
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 Omaha or the state government of Nebraska, or any other party, you may not be entitled to any compensation.
