Big cities are normally a busy place with a high amount of traffic dominating its streets. Whether you like it or not, a car accident is bound to happen at some time. If you have an accident and you weren’t to blame and you think that you can provide suitable evidence proving who was at fault, you could file a personal injury compensation claim which will compensate you for any damage or injury. If the accident was a result of the negligent behavior of a driver of a city or state government owned vehicle, like a bus, you could be eligible to file a compensation claim despite the fact that it’s not a simple process.
City and State Laws Regarding Government Personal Injury Claims
If you're injured in a car accident due to the negligence of someone else, you normally have the opportunity of filing a personal injury claim in the civil court in that state. However, the process is not quite so simple if the person who caused your accident was employed by the government or a government entity.
The government is protected by sovereign immunity, which has been in force for over a century. It means the state can’t be sued for an injury caused to anyone by a state employee or entity. However, there are exceptions to this which includes when an employee clearly acts negligently and causes an accident. According to the CTCA, the person who has been injured is required to file a claim with the specific agency or entity that has been providing employment for the negligent person. The CTCA will not allow any claims to be filed against the negligent employee. To file a claim against a state, county, or municipal government, the injured person must first give notice of the claim. A written notice must include:
- • the claimant’s name and contact details;
- • date, location, and description of how the injury took place;
- • what the injury is and how much the medical costs are;
- • the government employee’s name who caused the injury.
Before it’s possible to file any lawsuit in court, the injured person is required to give written notice to the government agency which caused the injury. This notice has to be filed within 6 months of the injury date. If the claim is rejected, the person may file a personal injury lawsuit.
Possible Car Accident Causes in the City
If you have had an accident in city and you think that a government vehicle or some other government property caused the accident, there are a number of possible causes such as:
- • a badly maintained road surface like a pothole causes you to lose control of your car;
- • collision with a government owned vehicle due to the driver being distracted;
- • collision with a bus or other transit vehicle.
Causes of Car Accidents Involving a City Bus
The roads throughout the city are busy at all times of the day and require a high degree of concentration by city drivers. There are times when a bus is running late and the driver may decide to run a red light or not stop at a stop sign. Also eating while driving or talking on a cell phone are common practices too. Any of these activities could cause accidents and serious injuries to car drivers sharing the same roads as the buses.
Use an Experienced Attorney if Considering Claiming Against the City
If you have been injured by a city bus and you are financially disadvantaged as a result of this, you may be thinking of filing a personal injury claim against the city . Taking on a government entity is never a simple matter so seeking the help of an experienced personal injury attorney is essential in order to get the compensation you deserve.
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 Stockton, or the state government of California or any other party, you may not be entitled to any compensation.
