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Learn what to do if youu2019ve been injured by a government vehicle. Understand your legal rights, the claims process, and how California laws affect your ability to seek compensation.
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Injured by a Government Vehicle – What You Need to Know If you or a family member were seriously injured in an accident involving a government vehicle, you may be considering filing a personal injury claim. If you are contemplating legal action, it is important to understand that the claims process is more complicated when a government-owned vehicle is involved, relative to a collision involving two individuals. For example, government entities are generally shielded from civil liability in many personal injury cases. Even if you are able to hold a government agency responsible for your accident, there are specific rules that must be followed in order to file a personal injury claim. What Is Considered a Government Vehicle? In California, a government vehicle is generally considered to be any vehicle owned, operated or utilized by a government agent or entity. Government vehicles can take various forms and serve multiple purposes. Common examples of government vehicles include ambulances, garbage collection trucks, police cars, public buses, and so forth. Government vehicles are relatively easy to identify through distinctive logos, paint schemes and official license plates. Holding the Negligent Motorist Responsible After a Car Accident Involving a Government Vehicle
In California, when a collision involves a government vehicle, it will likely trigger the rule of sovereign immunity. This is a legal doctrine effectively granting civil immunity to the government from liability associated with legal actions. Sovereign immunity generally applies to claims arising from torts, or civil wrongdoing that proximately cause harm to another individual, or individuals. However, there are notable exceptions to the sovereign immunity doctrine rule that may provide accident victims a pathway to hold the government responsible for negligent and careless conduct that led to the collision. A number of states (California included) have enacted laws granting exceptions to the rule of sovereign immunity when there is sufficient evidence to indicate that negligence was involved in causing the accident. For example, under the California Tort Claims Act, the government or a public entity may be held liable for the negligent acts of its on-duty employees. Filing an Injury Claim Under the California Tort Claims Act (CTCA) Pursuant to the CTCA, if a government employee causes an accident while operating a motor vehicle in the course and scope of their employment, or while carrying out a government function, the CTCA affords the injured victim, or victims, the right to file a claim against the government agency or entity. However, these types of cases abide by a different set of rules than your typical car accident case. For example, instead of California’s standard statute of limitations of two years from the date of a car accident, a claim against the government must be filed within six months from the date of the collision. Have Questions? Contact an Experienced Los Angeles Car Accident Attorney Today As you can see, filing a car accident injury claim against a government entity is complex and rife with potential pitfalls. Hence, if you recently suffered an injury in an accident with a government vehicle, it is in your best interest to contact an experienced Los Angeles car accident attorney such as the professionals at The Law Offices of Ramtin Sadighim to discuss your legal options at 888-999-8744 or visit https://caliaccidentattorney.com/to learn more.