Getting involved in a car accident with a government vehicle is the last thing that you want to happen to you. Making a car accident claim after that particular accident will not be the same as claiming after any regular car accident. There are different players included, and different sets of rules in play. One thing that will keep causing you problems is sovereign immunity. This means that all government bodies, agencies, and their employees are protected from many different kinds of liability (including responsibility for car accidents). Making a claim is still possible, but it has to be done under different rules. The process is complicated, and you will need help from a local attorney. Feel free to call the office today and speak with car accident attorneys in Los Angeles about your case. Here is what you need to know before filing a claim against a government employee.
The Tort Claims Act
The Federal government has enacted the Federal Tort Claims Act, which protects all government employees and waives the sovereign immunity of the federal government and permits the filing of injury claims based on actions (or omissions) that should have been done (by a federal employee). Things such as calling the ambulance right after the accident or helping the injured. The process of filing a claim with the FTCA includes:
- Filing a claim within two years (starting on the date of the car accident)
- Providing evidence that supports the claim with enough clarity and specificity (so that the government can investigate the accident and come to the same conclusion)
- Providing a specific dollar amount for your damages
Once you file a claim, the government will usually rule on it within 6 months. If the government admits your claim, it will compensate you for your injuries. However, you could be given a reduced amount (different than the one you asked for) if it is decided that your sum was not appropriate. Keep in mind that you can file an additional lawsuit if you are not satisfied with the results, but you have to do it within the next six months (from the date of the denial or approval of your initial claim).
Other Cases of Liability
The government can be liable for a car accident even if the government vehicle was not included in the accidents. Some of the situations where the government can be held responsible include:
- Roadside hazards
- Line-of-sight obstructions
- Poorly maintained roads
- Pavement edge drops
- Construction zones which are not properly marked
- Unreasonably dangerous rail-highway grade crossings
In most cases, the responsibility for dangerous highway conditions rests with the state or federal agencies. If you have been involved in a car accident that was caused by another party’s (the government) fault, phone attorneys right away and receive a free case evaluation. If you have a claim in hand, attorneys will help you file it and secure you a rightful compensation for your damages, including your:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
