A car accident can turn your day upside down in an instant. But when the other vehicle belongs to a government agency, the situation becomes even more complicated.
Unlike typical crashes, where insurance claims follow a standard process, accidents involving government vehicles introduce a maze of legal complexities and strict deadlines. Missing a single step could mean losing your right to compensation.
In Santa Cruz, car accidents are a pressing concern. According to the California Office of Traffic Safety, Santa Cruz County has seen a steady number of injury-related crashes, with distracted driving and speeding being the leading causes. California law requires drivers involved in accidents to report incidents that result in injuries, fatalities, or property damage exceeding $1,000. However, if the accident involves a government vehicle—such as a police cruiser, a public transit bus, or a city utility truck—the claims process follows an entirely different set of rules.
In this guide, we’ll explain the steps to take if your car accident involves a government vehicle. We’ll also discuss why consulting an experienced Santa Cruz car accident lawyer is crucial to ensure you receive the compensation you deserve.
Understanding Sovereign Immunity
One of the biggest challenges in filing a claim against a government agency after a car accident is sovereign immunity—a legal doctrine that generally protects government entities from lawsuits. This principle dates back centuries and was originally meant to prevent disruptions to essential government operations. However, modern laws have created exceptions that allow individuals to sue the government under specific circumstances, including cases involving car accidents caused by government employees.
In California, the California Tort Claims Act (CTCA) provides a pathway for accident victims to file claims against government entities. This law allows individuals to seek compensation if a government employee was negligent while performing their official duties. However, strict rules apply, and victims must act quickly to preserve their rights.
Unlike standard personal injury claims, which typically allow up to two years for filing a lawsuit, claims against a government entity must be submitted within six months from the date of the accident. Failing to meet this deadline can result in losing your right to compensation entirely. Additionally, the government agency has 45 days to respond to the claim. If they deny it, you may have only six months from the date of denial to file a lawsuit. These legal constraints make it crucial to understand your rights and act promptly after an accident involving a government vehicle.
Steps to Take After an Accident Involving a Government Vehicle
If you’re involved in a car accident with a government vehicle, taking the right steps immediately can help protect your rights and improve your chances of receiving fair compensation. Here’s what you need to do:
1. Ensure Safety and Call Emergency Services
Your first priority should be safety. Check yourself and any passengers for injuries. If anyone is hurt, call 911 immediately. Even if injuries seem minor, it’s important to have medical professionals assess the situation, as some symptoms may appear hours or days later.
2. Report the Accident to Law Enforcement
In California, accidents resulting in injury, death, or property damage over $1,000 must be reported to the California Highway Patrol (CHP) or local police. If the accident involves a government vehicle, officers will likely file an official report. Request a copy of the report, as it may be a crucial piece of evidence in your claim.
3. Gather Evidence at the Scene
Collect as much information as possible, as government agencies often conduct their own investigations, which may not always align with your version of events. Here’s what to document:
- Vehicle Details: Take photos of the government vehicle, including any logos, license plates, or fleet numbers.
- Driver Information: Get the government driver’s name, the agency they work for, and any identification numbers they provide.
- Witness Statements: If there were bystanders, ask for their contact details and request a brief statement about what they saw.
- Traffic and Road Conditions: Capture images of the intersection, traffic signals, road signs, and any other relevant conditions.
4. Seek Medical Attention
Even if you feel fine, schedule a medical evaluation as soon as possible. Some injuries, such as concussions or internal trauma, don’t show immediate symptoms. A medical report will also serve as critical evidence when filing your claim.
5. File a Government Claim Promptly
Under the California Tort Claims Act (CTCA), you must submit a claim to the appropriate government agency within six months of the accident. This claim serves as a formal request for compensation. The agency will then have 45 days to approve or deny your claim. If it’s denied, you may have six months to file a lawsuit.
Filing a government claim requires detailed documentation, including:
- The date, time, and location of the accident
- A description of what happened
- The damages you’re claiming (medical expenses, lost wages, vehicle repairs, etc.)
- Supporting evidence, such as medical records, witness statements, and the police report
6. Avoid Speaking to Government Insurance Adjusters Without Legal Counsel
Government agencies have legal teams and insurance adjusters who may try to minimize your compensation. Be cautious when speaking with them, and avoid making statements that could be used against you. Never accept a quick settlement offer without understanding the full extent of your damages.
7. Consult an Experienced Attorney
Because of the strict deadlines and complex legal process involved in suing a government entity, working with a personal injury attorney is highly recommended. A lawyer can help ensure your claim is filed correctly, negotiate on your behalf, and represent you if the case goes to court. Most personal injury lawyers offer free consultations, so you have nothing to lose by seeking legal advice.
Don’t Let Sovereign Immunity Stop You from Seeking Justice
While suing a government entity for a car accident may seem daunting, it’s not impossible. By understanding your rights and taking prompt action, you can still receive fair compensation for your injuries and damages. If you’ve been in an accident involving a government vehicle, don’t hesitate to seek legal assistance and fight for the justice you deserve.
Take care of yourself physically and legally after such an event. One should always be aware of their rights and not let them be taken away by anyone. So, always be prepared to fight for what is yours and seek justice whenever necessary.
