When you crash against a government vehicle

Millions of accidents occur in a year and because of this fact, vehicular crashes are a major source of personal injury. It is easy to file a claim against another private person or party for personal injury in an accident because the both of you more or less are on a level playing field.

But what if a government-owned vehicle is at the other end of the line?

In legal parlance, there is such a thing as state or government immunity. Generally in almost all jurisdictions, this simply means that the government cannot be sued without its consent. It enjoys a certain amount of immunity from suit. Under this doctrine, it is very difficult to sue the government, either federal, state, city or county, on a personal injury claim based on a car crash involving government vehicles. However, it is not impossible as different states now have rules on accident liability.

There are situations where a victim of an accident caused by a government employee driving a government-owned vehicle can file a claim or suit of personal injury against the government. Generally, most car accidents that involve government drivers and vehicles are those of the emergency kind, like ambulances, fire trucks and police vehicles. However, even non-emergency vehicles such as a mail truck do get involved in accidents.

The question is can you sue the government if you get sideswiped by a speeding ambulance owned by the city? The answer is yes and the crux of your case will really depend on the degree of proof or the required amount of evidence to prove fault or negligence on the government side.

In an ordinary accident case against a private person, the victim should only prove fault or negligence on the part of the guilty party. But if it is a government employee driving a government vehicle, you’d have to prove gross negligence on the part of the driver in order to enforce your claim.

However, there is a process of claiming damages from a government entity who is the cause of your injury. It is through an administrative process. Your claim is filed with the entity concerned (federal, state, city or county) through a form. You input the source of the liability (for example, car accident) and how much are you claiming as compensation. This usually has a deadline, ranging from 30 days to 180 days, depending on the state. You will be informed if your claim is approved or denied.

If your claim against the government for a vehicle accident becomes complicated, then it would be best to consult a lawyer. Lawyers specializing in these cases can assist you in filing your claim and can represent you in litigation in the event that your claim is denied.

It is indeed very difficult to sue the government. But with the help of an able lawyer, it is not impossible.

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