How to File a Claim for a Car Crash with a City Truck
A driver who causes an accident can be held responsible for damages, and if their insurance company can’t reach a fair settlement, the victim can sue. But what about a car crash with a city truck, such as a garbage or recycle truck? Can a city (or other government entity) be held liable? Can you file a claim or take them to court?
Getting compensation for injuries and vehicle damage from a city, state, or federal agency is possible, but it’s not as straightforward as an ordinary car crash. There are extra steps to follow and proving liability can be challenging. It’s important to understand how the system works, and how a personal injury attorney can be instrumental in cutting through the red tape.
To spell it all out, we’ve included in this piece:
- Laws that allow you to sue federal, state, and local entities if injured by their vehicle or employee
- What to do immediately after an accident with a city truck or other government vehicle
- How to file a local, state, or federal claim
Sovereign Immunity and Exceptions Allowing You to Sue
Up until about 80 years ago, citizens were not allowed to sue the federal government (or states) thanks to a principle called sovereign immunity. This meant that if they were hurt by a government employee (or vehicle), or on government land , there was simply no way to file a claim or to collect damages for their injuries.
Federal Exceptions to Sovereign Immunity
Recognizing that everyone deserves a chance to collect compensation, congress eventually passed the Federal Tort Claims Act or FTCA in 1946. This Act allows victims to file a claim for property damage and personal injuries just as they would against any private citizen. The FTCA was revised in 1988, granting personal immunity to the federal employee(s) involved and shifting liability in claims and lawsuits to the U.S. government instead.
State Exceptions to Sovereign Immunity
All 50 states have enacted laws similar to the FTCA that provide a way to make claims while at the same time shielding state employees from liability to some degree. Illinois’s rules are outlined in the Illinois Court of Claims Act . In Missouri, the document is called the Missouri Tort Claims Act .
Local Exceptions to Sovereign Immunity
Sovereign immunity generally applies to federal and state governments, and not to individual municipalities. But local employees do have some protection under their state’s tort claims acts, provided they were engaged in governmental functions when they caused the victim’s personal injuries. In the case of a car crash with a city truck, for example, a victim can make a claim against the city as long as the truck driver was doing city work at the time. If he was using the truck to run a personal errand instead, he might be personally liable, and a claim could not be filed against the city.
This is why these cases are so complex. And rules for municipalities differ from state to state. Missouri, for example, simply uses the state’s Tort Claims Act for cities and towns, but Illinois created a separate law, the Local Governmental and Governmental Employees Tort Immunity Act . There is not always one clear answer about who is responsible for an accident with a city truck. A personal injury attorney can help clarify exactly who can be held liable and how to proceed with filing a claim.
What to Do After an Accident With a City Truck or Other Government Vehicle
Immediately after an auto accident—especially one that results in injuries—it doesn’t matter who is involved. Drivers should take the same initial steps even if they are hit by a garbage truck, snowplow, mail truck, city or school bus , police car, firetruck, ambulance—or any government-owned vehicle. The first priority should be to help the injured and preserve the details of the crash. These steps include the following:
- Call 911 to request an ambulance and police
- Have injuries assessed by first responders
- Collect information from the other driver(s) and witnesses
- Get a copy of the police report
- Document the crash site, vehicles, and their damages with photos and video, and note relevant details like location, time, weather, etc.
- Go to the emergency room immediately for serious injuries or make a doctor’s appointment for a medical evaluation for minor injuries
- Report the accident to your insurance company
- Contact a personal injury attorney
These steps are necessary even if the other vehicle belongs to the city, state, or in the case of a mail truck the federal government. A responding officer will still file a police report and witness statements may still be important to the case.
Determining What Government Entity is Responsible for Your Accident
One important additional step when a crash involves an official vehicle is to find out what agency or division of the government it’s associated with. A police car, for example, could be from the state police, the county sheriff, or a town’s local police department.
And what appears to be a government vehicle might belong to a private company . One example is if you’re hit by a garbage truck. It is common for municipalities to contract out their trash collection and recycling to a company.
Filing a Claim Against a City, State, or the United States
For an ordinary accident, victims can contact their insurance company and an attorney if they like, and let the insurance adjusters take it from there. In a car crash with a city truck, it’s more complicated.
First, as mentioned above, determine the appropriate agency to contact. Hopefully, markings on the vehicle such as a city or state seal, or the information gathered at the crash site will provide the answer.
Contact the agency to find out the proper procedure for filing a claim. There is typically a requirement that the claims processes must be completed before a victim is allowed to file a lawsuit in civil court . Every government entity has its own strict rules for filing a claim that must be followed precisely. Claims can be rejected for mistakes and failure to meet deadlines.
Local Claims
A local municipality’s legal team will evaluate the claim. They may offer a settlement or deny the claim. The victim can decide whether to accept the outcome or file a lawsuit.
State Claims
In Illinois, victims must file a claim with the Illinois Attorney General’s office and the Clerk of the Court of Claims. The statute of limitations in Illinois is normally two years, however, these claims must be filed within one year. If the claim is rejected, the victim is given two years from the date of the accident to bring a lawsuit.
Victims in Missouri file claims with the Office of Administration’s Risk Management Division. While the state has a generous 5-year statute of limitations for most personal injuries, its deadline under the Tort Claims Act is quite short. Victims are allowed only 90 days to file a claim.
Federal Claims
Victims must contact the agency that oversees the vehicle involved in the accident within two years to file an FTCA claim. If the federal agency fails to pay the requested damages within six months, the victim can sue.
Suing for Fair Compensation
The bar is set very high for proving liability when dealing with a government entity.
- The employee driving the vehicle must be engaged in city, state, or federal business at the time.
- Just as in any accident, the victim must be able to prove the employee was at fault.
- States such as Illinois go a step further, requiring proof of “willful and wanton misconduct” by the employee.
- Governments may have total or partial immunity if a car is hit during a police pursuit or if a firetruck or ambulance is on its way to an emergency. In fact, the victim may be partly to blame for failing to give emergency vehicles the right of way.
Although it can be difficult to prove a case against a city, state, or the United States, it can be worth pursuing. If the crash caused serious injuries, the victim could be affected both physically and financially well into the future.
If you have been in an accident with a city truck, been hit by a garbage truck, or collided with any official vehicle, contact Hipskind & McAninch . We can assess the strength of your case, find which agency is liable, and help you file the complicated administrative paperwork to file your claim. You deserve compensation for your injuries, even if the local, state, or federal government is to blame.
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