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File a Lawsuit If You Were Hit By a Government Vehicle

File a Lawsuit If You Were Hit By a Government Vehicle

Posted By The Weinstein Firm, LLC || 16-Sep-2015

If you have been in an accident with a government entity or employee, it may be difficult to file a claim against them. The sovereign or governmental tort immunity is a policy put in place to protect government agencies and employees, allowing them to be protected from liability even if in the same situation a normal individual would be held responsible. Governments must give consent to be sued, which makes the process of filing a case against them or an employee incredibly difficult. Difficult, but not impossible!

What Is the Federal Tort Claims Act (FTCA)?

In cases of personal injury caused by a government employee, the federal government will provide limited waivers of sovereign immunity. The Federal Tort Claims Act (FTCA) waives the sovereign immunity and permits private parties to be sued for acts committed by persons acting on behalf of the United States. Under the FTCA, an individual can recover damages for failure to exercise legal care of a federal employee acting in official capacity.

One of the most common exceptions to government immunity is when the government is liable for an automobile accident. Typically these accidents occur with emergency vehicles, such as a police car in a chase or an ambulance rushing to the hospital. There are two requirements for filing a lawsuit against a government entity or employee in the event of an accident.

The vehicle must be:

  • Owned or leased by a government entity
  • Operated by a public employee while performing their job

While proceedings occur, the federal government notifies state government of the lawsuit and overlooks the filing of the lawsuit. After that, the state will determine whether the government was responsible, making the chances of your success slimmer. However, the help of an Atlanta car accident attorney experienced in government lawsuits can be what you need to attain your claim.

What a Skilled Car Accident Attorney Can Do For You

Filing a lawsuit against a government entity or employee can be difficult, but our Atlanta car accident lawyers at The Weinstein Firm, LLC have represented numerous clients and helped them receive the compensation they deserved. We have experience navigating these types of complicated cases and can provide legal counsel every step of the way. If you have been injured in a car accident due to a government vehicle, we can help you file a lawsuit today!

Contact us at (404) 566-7009 or request a free case evaluation.

Categories: Auto Accidents