Have you been injured in a car accident in or around the city and believe that the accident was the fault of a city or state government employee? You may still be able to obtain fair compensation if you follow the state’s procedures carefully and take advice from an experienced personal injury attorney.
Serious injuries may not be covered by your own personal health insurance and you may be relying on a successful claim. Talk to an attorney with experience in claims against a government entity before submitting a claim.
City and State Laws Regarding Government Personal Injury Claims
A claim against the city , any other city or the state government because of a car accident caused by a negligent act by a city or state employee is entirely feasible, but must be first notified to the relevant administrative body within 6 months of the injury. This initial notification is called a ‘notice of claim.’ Claim forms together with instructions are either available from the city website or from the website of the Joint Committee on Special Claims Against the State if it is a claim against a state body.
Although it is unlikely that you will be awarded compensation because of this claim, it is not possible to file a personal injury claim without doing this first. A personal injury claim, like one that might be filed against a private party, can be filed with the same authorities if there is no satisfactory response to the notice of claim.
All government claims are capped at $500,000 per accident. Although an amount for pain and suffering may be included in the payment, generally claims do not permit compensation based on punitive damages. Here's a little more information on what punitive damages are.
Potential Car Accident Causes
Many car accidents happen because the driver of another vehicle, such as a city owned vehicle, have failed to drive safely. There is a fleet of city owned vehicles in different departments. Any one of these vehicles could theoretically be involved in a collision with your own car if the driver does not pay attention, or acts in a negligent manner. City vehicles responding to an emergency such as a fire, a crime or another accident may not be liable for an unfortunate and unexpected accident if there is a collision with your vehicle.
Another less common reason for a car accident that might lead to a claim against the city is the state of the road or highway surface. Poor maintenance, or a lack of maintenance, may cause you to swerve and hit something, or someone else.
Accidents Involving a Public Transit Bus or Van
Car / bus accidents are not common, but do happen from time to time. If the bus driver is at fault, then this may have had several possible causes. Bus drivers all operate according to schedule, unlike paratransit van drivers. Bus drivers sometimes take shortcuts to maintain speed and that is when accidents can happen.
The following are the most common reasons for bus crashes in and around the city:
- tiredness;
- failure to signal properly;
- failure to yield when changing lane or turning;
- distracted by a cell phone or text message
- speeding;
- running a red light or stop sign;
- avoiding another driver;
- drugs, alcohol or strong medication.
Use an Experienced Attorney if Considering Claiming Against the City
It pays to discuss your accident with an experienced personal injury attorney after an injury. Claims against any government entity are considerably more complicated than any other claims against private individuals. There is the potential to derail a claim because of a mistake in the way the claim was made or failure to provide sufficient information. Let the attorney help you with the claim against the city or against the state.
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 Wichita or the state government of Kansas, or any other party, you may not be entitled to any compensation.
