Picture this: You’re minding your own business on the road, commuting home on the 5 or heading through the suburbs of LA to get groceries, when, smash! You’ve just been in a minor collision.
Normally, you’d simply call for help, document the scene, collect witnesses, and get the other driver’s information. But what if you get into a car accident with a government vehicle, and not another private citizen? In this guide, we’ll explain government liability, steps to take after getting into a crash with a government vehicle, and how a personal injury lawyer can help.
Why Government Vehicle Accidents Are Different
Car accidents are different when they involve a government vehicle. Because government entities are often protected from liability in personal injury cases, the process of getting compensation for injuries, pain and suffering, and damage to your property is more challenging than if the collision were with a private citizen’s vehicle. While suing the government after a car accident is possible, the process of filing this claim has special rules that you’ll need to follow carefully to succeed.
Common Types of Government Vehicle Accidents
Government vehicles are those owned or used by a government agency and its employees. There are a few types of accidents you can have with government vehicles, which have different procedures to follow if you want to make a personal injury claim against the government.
Police Car Accidents
Police cars need to be able to break the laws of the road at times to respond to emergencies. When responding, they have certain legal protections after a car accident. However, these change if the police vehicle is not responding to an emergency.
If you get into an accident with a police car that isn’t responding to a call, you should follow the same procedures you’d usually follow after a crash, such as documenting the scene, alerting authorities, exchanging driver information, and seeking medical care after the fact. This ensures you have the information you need to file a claim against a government vehicle.
Fire Truck and Ambulance Collisions
Government vehicle accident liability for fire trucks and ambulances is quite similar to that of police vehicles. While these vehicles are allowed to break the rules of the road in order to respond to emergencies, the drivers must still behave reasonably under the circumstances of the moment.
If your government car accident lawyer can prove that the ambulance or fire truck driver was behaving recklessly or carelessly, or if the vehicle was not kept in a safe condition, you may be able to establish liability and receive compensation.
Public Transportation and Municipal Vehicles
If you’ve been in an accident with public transport or a municipal vehicle and want to make a municipal vehicle accident claim, you’ll need to be able to show that the driver of the government vehicle was negligent, which resulted in the crash and your injuries. A Los Angeles public agency accident attorney will do everything they can to show that the other driver behaved in a negligent manner, such as collecting eyewitness testimony, surveillance footage, accident reports, and testimony from experts.
Understanding Government Liability in California
Unlike most personal injury cases, accidents involving government entities are governed by tort law. Government agencies are generally protected from liability by a concept called sovereign immunity, which prevents them from being sued for damages as you would normally. Instead, you have to seek compensation after your car accident through California’s Tort Claims Act (CTCA).
The California Tort Claims Act Explained
To understand the exceptions to the government’s sovereign immunity, we need to understand the California Tort Claims Act. The CTCA gives citizens the option to sue government entities for compensation after injuries caused by negligence on the part of the agency and its employees. This legal process is complex compared to a normal lawsuit, with strict guidelines and deadlines.
Steps To Take After an Accident with a Government Vehicle
Next, we’ll look at what to do after a government car accident. Parts of this process are similar to what to do after a crash with a private vehicle, but other parts of the procedure are unique. To begin with, you should follow the same steps you normally would after an accident, including:
- Step one: Check yourself and others for injuries
- Step two: Call 911 for help
- Step three: Document the scene with pictures and videos
- Step four: Talk to any eyewitnesses
- Step five: Exchange information with the other driver
After these initial steps, the process diverts from the usual post-crash procedure. Because of the unique steps and strict timeline of suing the government through the CTCA, it’s highly recommended that you get the help of a qualified personal injury attorney throughout this process.
Deadlines and Notice Requirements for Filing a Claim
After your crash, there are strict requirements for filing a claim against the government. It begins by submitting a Notice of Claim, which is a formal message stating you are seeking damages from the government. This can typically be done electronically or by mail.
Next, you’ll provide required claim information, including your name and contact information, information about the incident, details of your damages, information about the responsible party, and your claimed damages dollar amount.
There are strict deadlines for suing the government in California — your claim must be filed within six months from the date of the accident to be considered, with very limited exceptions for injuries only discovered later.
Damages You Can Recover in a Government Vehicle Accident Case
Like getting into a car accident without insurance, collisions with government vehicles can limit the damages and compensation you can claim. However, there are a few types of damages you may be able to recover with the help of a qualified attorney:
- Emergency care and ongoing medical expenses
- Lost income from missing work
- Damage to your vehicle and other personal property
- Pain, suffering, and emotional distress
How a Car Accident Lawyer Can Help with Government Claims
A good attorney is absolutely vital when trying to file a government claim. With their expertise, you ensure you’re following the claim procedure to the letter and adhering to the strict deadlines in place. Your lawyer will help you compile proof of liability, witness testimony, and other evidence to strengthen your claim and improve your odds of being compensated.
Contact the Law Offices of Jacob Emrani After a Government Car Accident
If you’ve been injured in a government car accident, there’s a possibility that you can receive compensation through the California Tort Claims Act. The Law Offices of Jacob Emrani are here to help you win your claim, with comprehensive legal support that looks out for your interests every step of the way. Contact us to start the claim process today.