Traffic on major highway networks have steadily increased. The roads and city streets have become more and more congested. Every time you drive, there is a chance that you could be hit by a negligent driver or suffer a car accident because of the condition of the road.
If you are injured, it is worthwhile remembering that it is possible to obtain compensation from even a government entity such as the city, if the evidence for negligence is clear and convincing.
Generally, suing a city is considered more long winded and difficult than suing a private individual, but it is still possible with the help of an attorney with personal injury experience.
City and State Laws Regarding Government Personal Injury Claims
City and state governments across the United States achieve a level of protection from civil claims against them not available to private individuals, businesses and organizations.
This is “sovereign immunity,” inherited from ancient British law that was designed to stop commoners from claiming damages from the Sovereign, i.e. the King or Queen of the day.
Genuine claims of compensation when negligence by a government employee or agency has committed an act of negligence causing an injury are allowed, The procedure is more complicated than just filing a personal injury claim straight away.
The agency or the state via the Department of Financial Services, must be notified first with a “notice of claim.” This state is quite generous compared to many other states in that it allows three years for this initial claim to be submitted with all relevant information.
However, it is in your interests to file the claim as soon as you can after you have recovered.
The government then has 180 days to respond to the initial notice of claim, either accepting it or rejecting it. In most cases, the claim will be rejected, but you will then be allowed to file a personal injury claim within the original 3 year period (2 years if it is a wrongful death claim).
The claim can be prepared with the help of your attorney and presented via the civil court if necessary.
Potential Car Accident Causes
There are many different government agencies as well as the public transportation agency that provides mass transit throughout the central area. Any one of these could be responsible for a car accident, either because one of their employees was driving badly or for some other reason.
For example, if your vehicle is hit by a police car, it might be considered that this is justified if the officers were responding to an emergency. But if there is a steering defect and this causes the police car to swerve out of control into your vehicle then this may be construed as the fault of the maintenance department.
In a small number of cases, parts of government property, such as buildings may fall directly onto your vehicle while you are in motion, or parked in a parking lot. This sort of damage may be regarded as negligence and invite a legitimate claim for compensation.
Accidents Involving a City Bus
Bus crashes are most commonly due to driver error, although there are other factors such as poor road condition, defective spare parts and mechanical defects. Examples of driver error that might lead to a claim against bus include:
- failure to signal correctly;
- failure to look for nearby vehicles when turning or moving away from a bus stop;
- distracted driving;
- intoxication caused by alcohol or drugs;
- insufficient training;
- insufficient experience driving in the conditions experienced.
Get Legal Advice From an Attorney Before Filing a Claim Against the City
If you make a mistake with your notice of claim, such as not providing sufficient proof of negligence or failure to provide medical reports, not submitting the claim within the time limit then you may lose the chance of obtaining compensation altogether.
You are strongly advised to get legal advice from an experienced personal injury attorney before submitting a claim. If the claim is a viable one, then the attorney’s legal advice and assistance may make all the difference when seeking fair and adequate compensation.
Additional Resources
*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 Orlando, or the state government of Florida, or any other party, you may not be entitled to any compensation.
