If you have been injured in a car accident in or around the city and are sure that a government owned vehicle was involved or it was due to negligence on the part of a city government department or body, then you may be wondering whether it is possible to claim compensation. No-one who is an innocent victim of a car accident wants to pick up the bill for an accident that was someone else’s fault. Claims against a city are not easy, but not impossible, either. You are advised to get advice from a personal injury attorney before you submit a claim.
City and State Laws Regarding Government Personal Injury Claims
The larger cities maintain their own city websites and if you are contemplating suing the city for negligence after a car crash, you should first download a notice of claim form from the city website.
Make sure you get advice from an attorney and follow the instructions carefully because it is unlikely you will get a second chance if you don’t follow the procedure. Submit all documentary evidence with the form, including personal details, how the accident happened, when and where it happened, as well as why you think the city or one of its employees was to blame.
The relevant agency has 180 days to respond. In some cases, you will be awarded compensation without any further claims necessary, but it is more common for the initial claim to be denied. If this is the case, you may then file a personal injury lawsuit against the same agency within the city and submit all the information you had before. The claim must also be submitted within 3 years of the injury, but it is in your best interest to act as soon as you can after the waiting period is over.
Potential Car Accident Causes
As every city government department has a fleet of vehicles, cans, cars and trucks as well as the city’s bus fleet, there is always a possibility of a collision with one of them.
Note that claims must show that the driver, or other party, was negligent, and that the negligence was what caused the accident and your injury. For example, if a city government van ran a red light and hit your vehicle as you were entering an intersection, this would be regarded as negligence.
Poorly maintained road surfaces which cause you to swerve at the last minute or an impact from something falling off a city government owned building or structure are also potential causes of car accidents that might lead to a legitimate claim.
Accidents Involving a Bus, Commuter Van or Trolley
Simply because of the numbers, you stand a greater chance of being hit by a city bus than any other city owned or leased vehicle. Buses ride through all major routes across the city and their drivers are under pressure to deal with traffic congestion and keep to schedules.
If you are hit by a bus, or are involved in a collision, there are a number of reasons why this could happen and why you may conclude that the city was at fault. Driver error tends to be the number one cause of bus accidents, but there are other factors that are always possible, either alone or in combination. For example, a bus might veer out of control because of defective steering. The steering issue may be caused by a lack of maintenance (insufficient hydraulic fluid, for instance) or defective parts (leaking valves). The driver may also be judged to be partly at fault because of the way that he or she responded.
Use an Experienced Attorney if Considering Claiming Against the City
You are advised to discuss a car accident first with an experienced attorney before filing a notice of claim against the city. It is not easy at the best of times convincing a city or state government that one of their employees or agencies was to blame for an injury. The process involved in making a claim can easily be derailed if you don’t stick to the timetable or fail to include adequate information.
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 Tampa, or the state government of Florida, or any other party, you may not be entitled to any compensation.
