Accidents can happen when you least expect and you may not be at fault. If you can prove that someone was to blame for a car accident in which you were injured, you may be entitled to sue the driver, or whoever was at fault. A successful personal injury claim can be invaluable as it can pay for medical expenses involved in treating the injury, replace lost earnings and compensate for the pain and suffering involved.
But what happens if a government employee was involved, or you are convinced that the fault lay with a city or state body? The good news is that claims are still possible, albeit more difficult than if the fault lay with a private individual or organization.
City and State Laws Regarding Government Personal Injury Claims
If you are injured by a government employee or by government owned property, you should notify the City Attorney that you intend claiming compensation. You can use the city’s own ‘notice of claim’ form, or complete the form in writing and then mail it to the City Attorney’s office.
A notice of claim is not itself a personal injury claim but a prior notification of a claim. It must still be accompanied by sufficient supporting documentation so that the claim can be investigated by the city authorities. It is unusual for these early claims to end in a satisfactory compensation payment unless the circumstances are very obvious. It is more likely that the claim will be rejected, leaving you the option of filing a personal injury claim against the city and pursuing it through the civil court.
The notice of claim must be submitted within 6 months of the original injury and will be investigated initially by the city’s Risk Management office.
Potential Car Accident Causes
Many car accidents are due to collisions or crashes with other vehicles. Most of these are driven by private individuals, but a percentage of drivers are driving government-owned vehicles, including school vehicles, police cars, fire service vehicles and other vehicles operated by the various government departments. Any one of these could be driven in a negligent fashion and result in a car accident.
Poor road maintenance and loose or improperly attached structures on government buildings may be secondary causes of car accidents in the city.
Accidents involving Public Transit
If you are injured in a collision with a city vehicle, the chances are that it will be a bus, not a trolley. There are many more buses than trolleys and their movements are somewhat less predictable.
If you are not to blame for the accident, typically the most common cause of a bus accident is poor driving on the part of the bus driver. Mechanical defects, such as dysfunctional brakes, are less common. Bus drivers may be too tired and fail to notice another vehicle close to them. They may be distracted by a cell phone call, or a text message. They may make a poor decision while driving because of the effects of medication they have taken, or they may have been drinking alcohol. They may take a risk at an intersection and fail to make a turn or get across before hitting your vehicle.
Thinking of Making a Claim Against the Government? Hire an Attorney First!
Claims against the government are typically legal quagmires if you attempt to handle them all by yourself. You may need the financial compensation a successful claim can bring. You are strongly advised to talk to a personal injury attorney first before submitting a claim to make sure you are doing it the right way. An experienced attorney can help you negotiate the sometimes tortuous pathway to compensation which you deserve and need.
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 Virginia Beach, or the state government of Virginia, or any other party, you may not be entitled to any compensation.
