It can be a shock when you realize that governments have special rules that protect them from civil lawsuits. If you are in your own car and are hit by a city transit bus, the first thought that goes though your mind is how you are going to cope paying for the repairs to the car and the medical bills that will have to be paid if you are seriously injured. The good news is that you can get government agencies to pay compensation, but the process is more complicated and you have to make a claim quite quickly. A personal injury attorney can explain what you have to do and help you with a claim against the city.
City Laws Regarding Government Personal Injury Claims
The city protects itself like any other city government does, the same way as the state government. Despite the existence of “sovereign immunity," government bodies allow legitimate compensation claims by private individuals if negligence by government employees can be proven to have caused an injury.
There is a six month time period within which a “notice of claim” must be made to a specific office if an accident has occurred involving a city or state owned vehicle or on or in any other government owned property. The notice of claim must give details of the accident and the nature of the injuries as well as an estimate of the amount of compensation. Your attorney will help make sure that you use the right form and submit it to the correct office. Failure to do this will delay your claim being assessed and may mean that it cannot be processed at all if it is delayed too long.
The notice of claim is basically a forerunner of a personal injury claim. The government agency that receives the notice of claim will investigate the circumstances and make a decision whether to make a payment. A decision is usually made within 5 days of receiving the notice of claim. In most cases, a payment is denied. This does not mean you will never get any compensation. It just means that you are then free to file a personal injury claim as you would have done anyway with a private individual defendant. You have a year to file a personal injury claim after the date of the accident.
Reasons for an Auto Accident Caused by a City or State Employee
The common auto accidents involving government owned vehicles are with buses. The city has several different types of public transport, but ferries, light rail and cable (street) cars are far less likely to be involved in an accident than a bus. Bus drivers are often at fault when a collision occurs with a private car.
There are other government owned vehicles that you could have been hit by, too, like police vehicles, fire trucks, city owned vans and trucks. Divers are not always at fault. Accidents can occur because of defects in key components of a vehicle. As far as a claim is concerned, the important point is that the accident would not have happened unless negligence had occurred.
Collision with a City Bus
A bus driver may become distracted, ignore speed limits or normal traffic rules, be intoxicated or just plain too tired to concentrate. Any one of these reasons may lead to a poor decision on the part of the driver and a collision with your own vehicle.
If you do have an accident with a city bus, trolley bus or even a street car, then you will have to submit your notice of claim with the SFMTA.
Make Sure You Have a Good Case Against the Government Agency at Fault
It’s bad enough having a serious accident and having to deal with an injury that was not your fault, but making a claim against a government owned entity can seem just too hard to tackle. If you have sufficient proof that a government worker or agency was to blame then you should contact a personal injury attorney as soon as you can while memories are fresh and evidence is easier to obtain. Personal injury attorneys will understand how suing a government agency works, will be able to assess your circumstances, advise you whether they think you have a chance of success if you make a claim and guide you through the process.
Helpful Resources
Auto Accident Resources in San Francisco
Driving Laws 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 San Francisco or the state of California, or any other party, you may not be entitled to any compensation.
