If you have been involved in an auto accident, or anywhere else, and discover that you have been hit by a government vehicle, you may be wondering whether you can sue the city or the state if you believe that the driver was negligent.
Generally, suing any government entity anywhere in the U.S. is much more difficult than a private individual, business organization, but it can be done. Without compensation for medical expenses and lost earnings, it can be a rough ride when you have been injured through no fault of your own.
It is best to get legal help from an experienced attorney if contemplating fling a personal injury lawsuit against the city or the state government should
State and City Laws Regarding Government Personal Injury Claims
Most government entities have what is called “sovereign immunity”, an ancient legal term dating back to a law in England which protected royalty. The city and the state governments both have sovereign immunity.
Although immunity appears at first sight to prevent lawsuits against a government agency or individual, in reality, exceptions to immunity allow an injured individual to file a personal injury lawsuit in a very specific manner.
Both the city and the state governments have similar rules about personal injury claims against them due to negligence on the part of a government employee or agency. It pays to get it right with the help of an attorney or risk losing any chance of compensation.
The injured party must submit a “Notice of Claim,” citing all relevant information about the accident and injury as well as how much is being requested in compensation. The Notice must be submitted to the right individual office within 180 days of the injury occurring.
The government then has 60 days to make a decision about the claim. If no response is made within that time frame, then this means that the government is denying the claim. You then should proceed with a lawsuit.
You have 1 year to sue from the date of the injury. That’s not long as you still have to wait for a response to the Notice of Claim. It is advisable to file the Notice of Claim as soon as you are able to do so.
Typical Auto Accidents Involving Government Employees or Agencies
- Auto collision with a police vehicle;
- Collision with a Valley Metro bus or train (most likely a bus);
- Collision with any official government owned and operated vehicle that is on government business;
- Accident caused by poor maintenance of a state highway surface, inadequate signage on state highway;
- Accident caused by poor maintenance of a city street.
Here's a little more information on what to do after an auto accident.
Accident involving a Valley Metro bus
Valley Metro buses and trains are the main form of public transportation around the city, a city of 1.5 million that sprawls over 500 square miles of the state. It’s easy to imagine a situation in which you are involved in a collision with a city bus.
Because of the relative size of a bus and your car, it is likely that your vehicle is damaged and you and any passengers were hurt.
If you are thinking of suing either the bus driver or the city, you must be certain that the accident was due to negligence on the part of the bus driver, someone else working for Valley Metro, or one of the individual bus operators that make up Valley Metro.
Most of the buses in and around the area are run by the city and the Regional Public Transportation Authority (RPTA), but there are smaller operators that are owned and operated by smaller cities within the greater city area.
One of the catches that sometimes becomes a stumbling block when suing the city or the state government is that it is important to find out exactly who to file your Notice of Claim with, if injured. If you file the claim with the wrong individual then you risk losing the right to claim compensation. An attorney can help with filing the initial claim.
Make Sure You Have a Good Case Against the Party at Fault
Whatever the circumstances involving your auto accident with a government employee or agency or any of its cities, you do have a right to make a personal injury claim as long as you:
- Stick rigidly to time limits
- Make sure that you can prove negligence was responsible
- File a Notice of Claim with all relevant information within the 180 day time limit
Note also that you can only claim for medical expenses, lost earnings, pain and suffering No compensation for punitive damages is allowed, like it is for many claims against private individuals.
Suing a government agency anywhere is difficult but not impossible. Your best bet is to contact an experienced personal injury attorney who has had considerable prior experience negotiating claims against the government
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 Phoenix or the state of Arizona, or any other party, you may not be entitled to any compensation.
