It can be a very stressful and worrying experience if you have been badly hurt in a car accident that was not your fault. All states allow you to pursue a claim for compensation against whoever was at fault, as long as that person was a private individual and not working for the government. It can be hard succeeding in a claim against the city administration, but not impossible.
It is important to understand the conditions imposed on a claim against any government entity. You should also get help from an experienced attorney who deals with personal injury cases and especially an attorney who has had previous experience dealing with claims against a city or state government.
City and State Laws Regarding Government Personal Injury Claims
Injuries must have been caused by negligence. If you were at work yourself at the time, a claim may not be recognized as you may have to claim workers’ compensation instead.
Claims must be submitted to the specific department or agency responsible for your injury. All cities, including Portland, have a form available on their individual websites which can be downloaded with instructions. It is important that as much supporting evidence is sent with the completed form. Incomplete forms, or forms that are submitted after the 180 day deadline, may be rejected. Wrongful death claims have 1 year to be submitted before they are no longer valid. Here's a little more information on statute of limitations and how they can affect your claim.
Each administration (city, county or state) has slightly different rules concerning claims and differing maximum amounts that can be claimed. State caps are higher than city caps.
Possible Scenarios Involving Government Property and Car Accidents
Any claim against the city must be for genuine cases of negligence by a city employee or government department. Car accidents in which your vehicle has been hit by a negligent city employee are in this category and will be considered as acceptable by the city. The most commonly reported accidents are crashes involving collision with a TriMet or C-Tran bus, but other vehicles belonging to the city may also be involved.
Apart from being hit by another vehicle belonging to the government, claims may be filed if the accident was caused by negligent maintenance, e.g. of a bus or road in the city. If a piece of a building, e.g. a bridge collapses and the vehicle you are in is damaged, causing your injuries, this may also be a reason for a claim.
Accidents involving a City Bus
The bus fleet, which is the part of the city owned transport system most likely to be involved in a car accident with a private driver, is over 800 strong.
Bus crashes are relatively infrequent, but when they occur, the consequences can be serious, not just for the passengers, but for the occupants of any car that the bus hits.
Bus driver error is the most frequent reason for bus crashes. Bus drivers may not respond effectively to changing traffic conditions, fail to yield the right of way, fail to signal, become distracted while responding to a cell phone call, be affected by drugs or alcohol or simply drive too fast for the conditions.
Use an Attorney to Help You With a Claim Against the City
It is important to get any claim against the city absolutely right, or you risk losing the chance to obtain compensation. You are strongly advised to get legal help from an experienced personal injury attorney before contemplating making a 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 Portland, or the state government of Oregon, or any other party, you may not be entitled to any compensation.
