Can You Sue the City for a Car Accident?
What happens when you’re driving carefully down the road and a city-employed bus driver sideswipes your vehicle or runs a red light that results in an accident? What about a police officer who runs a red light and hits you? Are you able to sue the municipality that employs them? When it comes to lawsuits against city employees or government workers things can get a little complex.
When considering a lawsuit for negligence against the city following a car accident, you will more than likely have to start with filing a “Notice of Claim” which is required in many states. To avoid having your case dismissed by the court you will want to check with your state laws to ensure you are in compliance when filing your Notice of Claim as each state has different requirements on when and what you need to include in the claim.
For many states the claim will need to include the following:
- Name and contact info of everyone involved in the accident.
- A description of when, where, and exactly how the accident occurred.
- A description of the extent of the injury.
- The amount of damages being sought.
Filing a Lawsuit Against the City for a Car Accident
As stated above, before filing a lawsuit against the city for negligence resulting in a car accident, you will first need to file a Notice of Claim. In most cases, the city will deny the claim but occasionally they will choose to settle in order to avoid a drawn-out and complicated lawsuit.
If the city does deny the claim, you can then file a lawsuit against the city for negligence. As the injured party you will need to provide the following elements of a negligence claim:
- The city’s duty of care.
- A breach of that duty.
- Proof that the breach of duty resulted in injury.
- Actual injury.
You will want to gather as much evidence as possible for a negligence suit. This includes medical statements and bills, witness testimonies, photographic evidence, testimony from treating physicians and anything else you can find that will help your case.
The most difficult part of the suit will be the plaintiff’s burden of establishing that the defendant owed a duty of care to the plaintiff. Additionally, some cities will grant immunity to city employees for some negligent actions.
The bottom line is these types of suits can be complex and complicated with many variables to consider when determining whether to file a suit. It’s important to speak with an experienced attorney before proceeding.
Get Assistance With Your Car Accident in New Port Richey, Florida
If you’ve been injured in a car accident involving a city employee in New Port Richey or Pasco County, give us a call and tell us what happened. (727) 843-0097