It’s bad enough dealing with an injury which was not your fault, but it can be galling to learn that the party at fault was a government employee who was on duty working for the city. You may really need to obtain fair monetary compensation for your injuries, but wonder whether it is possible to sue a government department.
The answer is that it is certainly possible, but not as straightforward as a claim against a private individual or business. You will benefit from the legal help that a personal injury attorney can provide.
City and State Laws Regarding Government Personal Injury Claims
Claims against a government entity come under the Tort Claims Act. Despite theoretical immunity from civil action, all city administrations, counties and the state allow claims to be made whenever negligence has caused an injury to a member of the public. The negligence must be shown to have been caused by a government employee actually on duty or negligence by a government agency.
As is the case in many other states, the principal difference between a claim against a government entity and a private one is that a preliminary “notice of claim” must be submitted first. The claim can be a simple letter detailing the information required by the relevant authority, but the city, as well as other cities and the state government, make the task easier by providing claim forms that can be downloaded and filled in. The city's form can be found on the city website.
It is important to include all the information required, as well as any supporting documentation. The notice of claim must be submitted within six months of the date of the injury. In most cases, the claim is rejected, but this is not the end of an attempt at compensation. You are then free to sue the government agency by filing a personal injury lawsuit against them. By this stage you will certainly be in need of a personal injury attorney.
Reasons For a Car Crash Involving City Property
Claims against the city are often made because of a car accident in which a collision between the car and a government vehicle has taken place. Your car could be hit by a negligent driver who was in charge of any sort of government vehicle, even a fire service vehicle, a police car or a city bus. The latter is probably the most common cause of a car crash involving government vehicles.
Other causes of car crashes are poorly maintained roads, impact from poorly maintained government buildings and other structures.
Vehicle Accidents involving a City Bus
Light rail movements are rarely a factor in a car accident as the system is mostly physically separated from traffic. Buses are involved in accidents from time to time and in some cases these are due to negligence on the part of the bus driver. Drivers are under pressure to keep to a schedule and may cut corners when it comes to safety occasionally. Drivers that cause accidents may have become distracted just before the crash happened. They may have been affected by drinking alcohol or had taken drugs. They may have failed to obey normal traffic rules s such as adhering to sped limits and signaling intention to change lames or make a turn.
Bus drivers are not the only reason for bus accidents. Occasionally, a defect in the steering, brakes or other important bus component may cause a crash.
Contact an Attorney Before Claiming Against the City
If you are considering whether to make a claim for compensation against the city, or the state, be warned that this can seem an overwhelming task if you attempt it alone without any legal assistance. You are strongly advised to seek help from an experienced personal injury attorney who has handled claims against the government successfully before.
Helpful Resources
Auto Accident Scenarios in California
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 Sacramento, or the state government of California, or any other party, you may not be entitled to any compensation.
