If you are involved in an accident when driving around and believe that you were not at fault, you can be reasonably confident that there is an avenue available to obtain compensation from the party at fault. The situation becomes more complicated if the negligent party was driving a government owned vehicle, or a government employee on government business.
Suing any government entity in the U.S. has to take into account more exacting conditions and a tighter time fame. It is advisable to discuss the circumstances with an experienced personal injury attorney before submitting a claim for compensation.
City and State Laws Regarding Government Personal Injury Claims
Government entities across the U.S., whether they are cities, municipalities, states or the federal government, theoretically protect themselves from civil claims against them with the use of “sovereign immunity”. This can severely limit the opportunities of claiming compensation in the event that an injury has been caused by negligence, but doesn’t completely rule it out.
A claim against the city, or the state government, must start with a “Notice of Claim” addressed to the relevant department. The form can be downloaded off the city’s own website with all the instructions needed to know how to fill it in, but don’t expect to get much more help. The form must be either mailed or handed in manually to the City Clerk’s office. A notice of claim against the state can also be handed in to the City Clerk’s office.
There is a 60 day waiting period before you might be expected to hear whether your claim is recognized. If not, as is commonly the case, you can then go ahead with a personal injury claim.
Car Accident Scenarios Which Might Involve Government Property
There are several reasons for making a claim against the government. If you have had an injury while in your own car, or as a passenger in someone else’s, the most likely scenarios are bus collisions, accidents on one of Puget Sound’s state ferries, a collision with a city or state vehicle other than a bus, such as a police car or ambulance. The state of the road surface may be a factor in an accident and a claim may be possible if maintenance was insufficient. Any defective structure belonging to the government such as part of a highway support, a building or bridge which leads to something falling on to your vehicle or your vehicle suffering damage while you are in it are less likely factors in a car accident.
Bus, Rail and Ferry Services in the Puget Sound Area and Car Accidents
The city sits on a series of convoluted peninsulas around Puget Sound and this has shaped the forms of transport within and around the city. There is a combination of express buses, ordinary city buses, light rail, a monorail and passenger and vehicle ferry services. As the light rail and monorail are effectively separated from traffic, the most likely car accidents involve a collision with one of the city’s numerous buses.
The most common causes of bus and ferry crashes are human error, usually the bus driver or ferry master, or more rarely, defective equipment or lack of maintenance. It is important to be sure what caused any particular accident and have sufficient proof to justify a claim.
An Attorney May Be Able to Pursue Your Claim Against a Government Entity
First of all, the personal injury attorney may be able to assist you with preparing a notice of claim. It’s important that any claim is made within the time limits set for a personal injury claim against a government entity. Your attorney will need to be quick to compile all the necessary evidence as time is limited.
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 Seattle or the state government of Washington, or any other party, you may not be entitled to any compensation.
