Most people are aware that they have the right to sue the person or business that has caused them harm through an act of negligence, but may be unsure whether this right extends to the government. What happens, for example, if you are involved in a collision with a police car, or a city owned bus?
Generally, you do retain the right to sue a government entity, but the circumstances in which this is allowed are more restricted than with a non-governmental entity.
The time limits and procedure are quite constrained, too, so it is worth retaining a personal injury attorney to help provide legal advice if you are contemplating a claim for compensation after a car crash.
City and State Laws Regarding Government Personal Injury Claims
Suing a city is similar to suing the state. If you have been injured in a car accident in which you believe that either the city or state was to blame, you do definitely have the right to make a claim for compensation.
There must be evidence that negligence was involved and that the negligence caused your injuries.
A claim for compensation either against the city or the state government starts with a preliminary “notice of claim.” This is a prior notification to the agency within the government that you believe was responsible for your injury.
In the case of the government, you can find a claim form on the city’s own website, as well as instructions for what to include. You have 6 months to file this initial claim, but in fact it is best to go ahead with the claim as soon as you can.
The government agency will then have 45 days to respond and let you know whether they accept the claim and are prepared to make a payment, or reject it. A letter of rejection or the passing of the 45 day time period without any news is not the end of your attempt to obtain compensation.
You then are allowed to pursue a personal injury lawsuit against the city or state entity as you would have done if the injury had been caused by a private individual.
Potential Car Accident Causes
Although most vehicles using the roads in and around the city are privately owned, there is always the chance of being hit by a government owned vehicle. Every government agency has one, two or more vehicles at its own disposal and some departments like the police have many more.
Any one of these if driven negligently could have crashed into your car and caused both damage to your vehicle, but injuries to you and any other occupants, too.
You may have had a car crash or injury while in your car for other reasons. The condition of the road is usually considered to be city government responsibility. If the surface is so poor that it causes an accident, then this may be sufficient reason to make a claim.
Bus accidents are mostly caused by:
- driver error;
- mechanical defects in the bus, especially core systems such as brakes, steering and lights;
- defective parts used in place of more expensive, but more reliable parts;
- insufficient training given to the driver;
- poor road surface;
- a third party driver, in which a compound lawsuit may have to be prepared.
Use an Experienced Attorney if Considering Claiming Against the City
A claim against either the city, or the state government should not be taken lightly. If you do decide to make a claim for compensation, the very least you should do is to discuss the accident and your injuries with a personal injury attorney, preferably one with experience in suing the government.
The attorney will give you an opinion whether your claim is viable and help you to prepare a suitable notice of claim to get the ball rolling.
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 Santa Ana, or the state government of California, or any other party, you may not be entitled to any compensation.
