Can I Sue a Government Entity for My California Car Accident Injuries?
The heavy traffic, massive roadways, and distracted motorists in California mean car accidents are unfortunately commonplace. You may even be familiar with the process of recovering compensation for personal injuries. However, if you believe the government is responsible for your injuries there are special rules and complicated procedures to follow when filing suit against a city, county, or state government agency. For the best possible chance of recovery, read on to learn about these claims and speak to an experienced California Car Accident Attorney today.
When am I Able to Sue the Government?
If you or a loved one were hurt in a car accident you believe was caused by either a government entity or employee, the situation will determine whether you may file a claim. If a dangerous condition on a public roadway caused the accident or the driver who negligently caused the accident was a government employee performing duties in the course and scope of employment, you may have grounds to sue.
Dangerous Road Conditions
The government has sovereign immunity so filling lawsuits against them can be difficult. However, in limited scenarios, they may be liable for accidents and injuries from defects in road construction, maintenance, design, or a failure to change roads to adapt to new vehicle or pedestrian traffic patterns. Situations that may incur liability include:
- Road cracks and potholes
- Missing or defective guardrails,
- Lack of road signs or lane lines,
- Missing, obstructed, or damaged traffic signs,
- Flooded roads from improper drainage, and
- Objects in the road.
Even if a defect exists, you still must prove:
- The accident occurred on property a public entity owned or controlled,
- A dangerous condition existed,
- The condition created a reasonably foreseeable risk for this sort of accident to occur,
- The entity had either constructive or actual notice of the condition and failed to correct it within a reasonable amount of time (or the condition was negligently caused by a government employee in the course and scope of their employment), and
- The condition caused your injuries.
Proving these conditions requires extensive investigation and is very tricky, so these cases are best navigated by an attorney experienced in civil suits against government agencies.
Government Vehicles
Government employees must usually obey same traffic laws as other drivers – emergency vehicles such as fire trucks and police cars may be exempt but still have safety protocol to follow. Any injuries from a collision with a vehicle operated by a government agency such as the postal service, fire department, or California Highway Patrol may make subject that government agency to liability.
What is the Timeline for Me to Sue?
Usually, personal injury victims have 2 years from the date of injury to file a lawsuit before they permanently lose the right to recover in court. However, before suing a government entity you must file an administrative claim with the correct agency no more than 6 months from the date of injury. The government must accept or deny the claim in 45 days or less. If the claim is denied (and most are), you should receive a rejection letter. You have 6 months from the date the letter was mailed or personally delivered to file a suit; if no letter was received you must file suit within 2 years of the accident date.
Contact a California Car Accident Attorney
If you were injured in a car accident it’s normal to feel traumatized, overwhelmed, and unsure of how to begin seeking recovery from intimidating defendants like the government. The experienced California car accident attorneys at Daneshrad Law can help you navigate the process of recovering just compensation from entities and other negligent parties for your injuries. Alan Daneshrad has spent years aggressively representing victims like you and recovered millions of dollars in damages. Call us 24/7 at (888) 881-3529 or complete our online case evaluation page to schedule your initial case review today. Let us use our knowledge and resources to deliver the best possible outcome from your accident while you focus on your recovery.
