Car accidents caused by government-owned vehicles or dangerous highway conditions may subject a government entity or government employee to liability. However, the process of filing a personal injury lawsuit against the government requires specific steps and knowledge.
Sovereign immunity is a legal term that refers to the protection of government agencies and employees from various kinds of liability. This includes their responsibility for car accidents.
If you believe a government entity is at fault for your accident, be aware of the strict procedural guidelines that state and local governments have put in place. These guidelines include short deadlines and claim information to incorporate. By not following these strict rules, you have no way of holding the government liable for your accident injuries. Continue reading this blog to learn more about government liability for auto accidents and lawsuit loans.
Tort Claims Acts
The Federal Tort Claims Act (FTCA) provides for filing injury claims against the US government. This means that negligence or unreasonably hazardous actions by a federal employee acting on behalf of the U.S. government can leave the government open to a lawsuit.
In the case of a car accident with an at-fault U.S. government employee, here are the general guidelines of a claim proceeding:
- You have two years from the date of the car accident to file your claim.
- You must incorporate a detailed description and facts that support your claim. This includes a specific figure for damages. Damages include the total cost of medical bills, car repair or replacement, pain and suffering, etc.
- The government will usually rule on your claim sometime within six months.
- If the government “admits” your claim, you are compensated for your injury.
- If your claim is denied, you can still file a lawsuit over your injuries. However, you must file within six months of the denial.
In addition to the FTCA, every state has passed their own version of a “Tort Claims Act.” These acts are mostly similar to the FTCA, with a few minor changes in guidelines and submission processes.
Government Liability for a Car Accident
There are many instances in which a government entity or a government employee is responsible for a car accident. Various examples of this include:
- A government employee in a government-owned vehicle rear ends you.
- You get into an accident with a bus owned and operated by the city or county.
- Hazardous highway and road conditions can also warrant a lawsuit against the government. These hazardous conditions including: roadside hazards, line-of-sight obstructions, uneven pavement, unreasonably hazardous construction zones, unreasonably dangerous rail-highway grade crossings
In most cases, state or federal agencies are responsible for the safety and maintenance of highways. Depending on the accident, private agencies who construct and maintain highways may also share some of the responsibility.
Government Auto Accident Loans From Uplift Legal Funding
Are you in the midst of a government lawsuit and need immediate cash upfront? Uplift offers car accident loans to plaintiffs nationwide to provide financial assistance until settlement arrives. Learn more by giving us a call at (800) 385-3660 or apply online.