Government Vehicle Accidents
Crashes involving government vehicles are more complex than the average traffic incident. The legal process is also different for people injured in a crash with a government vehicle. A skilled car collision lawyer from Salvi, Schostok & Pritchard P.C. can explain your rights and file a claim against a government entity. Our law firm has recovered over $2 billion for our clients, including the largest compensatory jury verdict for an individual in Illinois history. Contact us today for a free consultation.
Why It is Important to Work with an Experienced Personal Injury Attorney in Claims Involving Government Vehicles
Taking legal action against a government agency differs from the typical personal injury process. There are several unique considerations in cases involving state government vehicles, including:
- Understanding jurisdictional complexities – Government operations cover multiple jurisdictions at city, county, state, and federal levels. Each jurisdiction has its own set of laws and procedures for handling claims, complicating the process of identifying the responsible agency and working through the legal steps. An attorney proficient in these matters will effectively determine who should be held accountable for the collision.
- Establishing liability – Determining fault in government vehicle accidents may require analyzing the behavior of government employees, the condition of the vehicles, or compliance with traffic regulations. Liability could extend to multiple parties, requiring an attorney to lead a thorough investigation, gather evidence, interview witnesses, and apply relevant laws and regulations when preparing the case.
- Navigating governmental immunity – Sovereign immunity protects government entities and their employees, generally blocking lawsuits without their consent. A knowledgeable car crash attorney can identify exceptions — such as instances of negligent conduct like speeding or failure to yield — that allow for legal action.
- Pursuing compensation – If you suffered injuries in a government vehicle collision, you might qualify for compensation for medical expenses, lost wages, and other losses. However, pursuing these claims involves overcoming the challenges presented by government immunity laws and meeting strict procedural requirements. A lawyer will guide you past these legal hurdles to seek the compensation you deserve.
What Types of Government Vehicles are Involved in Crashes?
A government vehicle is any motorized vehicle that the federal, state, county, or city government owns or leases, including:
- U.S. Postal Service vehicles
- Police cars
- Fire trucks
- Ambulances
- City buses
- Government-owned utility, repair, or sanitation vehicles
- Military convoy vehicles
- An emergency vehicle or ambulance for state-owned facilities
- Other vehicles designated by governmental agencies, such as those used by elected officials
How Are Legal Claims Regarding Government Vehicles Different?
Claims for collisions involving government-owned vehicles differ significantly from other vehicle claims due to specific legal doctrines and procedural requirements that make these claims more challenging to file.
One challenge that complicates these claims is the legal doctrine of sovereign immunity. Claimants must also provide notice of a claim, and the deadlines for filing a claim are shorter. Additionally, Illinois caps damages in lawsuits against the government in certain injury cases.
Sovereign Immunity and the Federal Tort Claims Act
Sovereign immunity means that you cannot sue the government without its consent. This protection is crucial in maintaining the government’s ability to perform essential functions without the constant threat of litigation. It helps balance the accountability of government employees and agencies with the need to shield them from undue litigation. Understanding this balance highlights the importance of having skilled legal representation when pursuing a government vehicle accident claim.
The primary mechanism for seeking the necessary consent to sue the federal government is the Federal Tort Claims Act (FTCA). This legislation allows individuals to file lawsuits when federal employees have committed negligent or wrongful acts while performing their official duties. They file these suits against the United States rather than against an individual federal government employee or government agency.
Illinois has similar legislation, the Court of Claims Act and the Local Government and Governmental Employees Tort Immunity Act, which outline the circumstances under which an individual might file a claim against Illinois or a local government agency. However, Illinois claimants must prove that a government employee’s misconduct was willful and wanton rather than merely negligent.
Notice Requirements and Shorter Deadlines
To initiate a legal claim against the government, you must first submit a notice of claim to the parties involved within a specified timeframe. These deadlines are generally much shorter than those applicable to non-government claims. For example, the deadline to file a claim against the government in Illinois is one year from the date of the collision, as opposed to the two years you have to file a claim against an at-fault driver in a standard personal injury case.
Damage Caps
Claims against government entities may also trigger statutory limits on the amount of compensation an injured victim may recover. In Illinois, there is generally a $2 million cap on claims against the state. However, there’s a critical exception in cases involving state-owned vehicles operated by state employees. In these situations, you can pursue more compensation without a cap on damages.
Understanding how and where to file a notice of claim, how much time you have to do so, and how much compensation you may be entitled to requires the help of an experienced Illinois personal injury lawyer. Your attorney can guide you through the process and ensure all paperwork is filed in a timely manner.
Contact a Chicago Car Crash Attorney Today for Your Free Consultation
Getting into a motor vehicle collision involving a government employee can be fraught with legal obstacles when pursuing compensation. Not all car accident law firms accept these highly complex claims. At Salvi, Schostok & Pritchard P.C., we regularly handle claims involving government vehicles. Our team has the experience, knowledge, and resources to pursue the full and fair compensation you deserve.
Our reputation for excellence is backed by results, with over 350 verdicts and settlements recovered that exceed $1 million. If you have injuries and other losses resulting from a collision with a government vehicle in Illinois, contact Salvi, Schostok & Pritchard P.C. today for a free consultation.
