What to Do If Your Accident Involves a Government Vehicle
Experiencing a car accident is traumatic and terrifying, especially when the accident causes injury to you or a loved one. Facing the aftermath of a car accident feels overwhelming when painful medical procedures and an uncertain physical and financial future loom ahead. It can be challenging to take purposeful action after an accident, but knowing what to do to protect yourself is essential.
All car accident claims in fault-based accident states, such as Utah, can quickly become challenging. However, when the accident involves a government vehicle, it’s even more complex, with shorter time limits and unique filing requirements.
Our car accident lawyers in Salt Lake City are here to help you with all of your legal needs today.
Can I Sue a Government Entity for Causing My Car Accident?
While most cars on the road are privately owned family vehicles, a significant portion of daily traffic involves government entities at work. City buses, postal workers, garbage trucks, police vehicles, and firetrucks are all examples of government vehicles sharing the roadways. After an accident involving a government vehicle, some accident victims assume that they cannot file a claim for their accident-related damages because the laws of sovereign immunity protect government entities from liability.
While it’s true that sovereign immunity protects the government against lawsuits for government actions, it does not protect against lawsuits based on negligent actions from departments, agencies, or individual employees. If a government employee drives carelessly or recklessly, or the agency fails to adequately maintain a vehicle, and the result is an accident with harm to others, an injury victim has the right to file a lawsuit under both the Federal Tort Claims Act (FTCA) and Utah’s U.C.A.63G-7-301(2)(h)(i).
A successful claim can recover an injury victim’s damages, like medical expenses, lost earnings, and compensation for pain and suffering, but the injury victim must present compelling evidence of negligence.
What to Do at the Scene of an Accident Involving a Government Vehicle In Utah
After an accident, it can be difficult to keep a cool head and take purposeful action, especially if you or a loved one is injured; however, by using a cell phone or asking an uninjured companion to use one for you, you can take intentional action to protect yourself physically and financially. After an accident involving a government vehicle, it’s helpful to do the following:
- First, call 911 to report the accident
- Then, use the phone’s camera to take photos of the damaged vehicles, including the government license plate on the city, state, county, or federal vehicle
- Photograph the scene of the accident, including anything relevant, like traffic signs or signals
- Add the contact information of the government vehicle’s driver and the county, state, or federal agency they work for
- Add the contact information of any eyewitnesses to the accident
Eyewitnesses can be crucial to a successful claim if the government vehicle caused the accident in an area without traffic cameras or nearby security cameras that might have captured images of the moments leading up to and during the crash. A Salt Lake City personal injury attorney will use this evidence to build a case and fight for your rights and due compensation.
What Do I Need to Know About Accidents Involving Government Vehicles?
Utah has a four-year statute of limitations for car accident claims in typical accident cases; however, when a car accident involves a claim or lawsuit against a government entity, the time limit for filing a case is different. Injury victims must file a notice of claim with the government agency within one year of the accident date, advising them of the pending claim.
Then, the statute of limitations for filing a petition in court is two years from the date of the accident. Failing to meet these deadlines results in a dismissal of the claim.
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