Getting into a car accident can be a traumatic experience. But it can actually get a lot worse if you were the victim in an accident where a government employee was at fault. The truth is that the whole process of the case could be a lot different if a government employee like a firefighter, police man, ambulance driver etc. were involved in the car accident.
So here are a few things you should be aware of in case you ever find yourself dealing with government employees in car accidents.
State and Local Government Procedures
The state and local governments have put very specific procedures in place for the claim of an injury to be processed. This includes particular requirements, possibly shortened deadlines and other similar issues regarding the case. If these claims are not strictly adhered to or the deadlines aren’t met to file to the claim. Then the government may not be held responsible to compensate the damages.
Tort Claims Act
The Federal Tort Claims Act has been recently implemented in the United Stated. This allows the government immunity to be waived if the government employee was responsible for the accident and has caused serious damage or injury. This also involves incidents where the government employee did not act according to the ethical code before, during or after the accident. Like failing to call the ambulance or other official help in time. In cases like these, the employee is no longer under government immunity. Therefore it will be dealt like a regular car accident.
Special Regulations to Follow for Government Liable Accidents
There is a two-year time restriction to file a claim through administration. This time period starts at the time of the accident. After the claim, a proper investigation needs to be held and must be provided with all the details of the accidents. The subsequent injuries and damages, and the cost required to make the victim whole. Usually, there is a time frame of 6 months to rule on the claim. If the claim for compensation is passed, the injuries and damages will be funded as necessary. If not, there will be another 6 months’ time period to make the final decision. The amount of the compensation will also depend on multiple factors, including the situation the accident took place in.
Liability of the Government and Legal Recourse
If during their working shift hours. A government employee ends up damaging the property of a citizen or causes them injury by any kind of an accident. Then the Tort Claims Act applies to the situation as well. This is also true if a vehicle operated by a city or county at a local level collides with another car. Traffic conditions as well as dangerous roads may also be applied as liability with damages. Considering that these conditions contributed to the harm caused during the accidents. Maintenance, construction, and other roadway hazards are also included, if they contributed to an accident resulting in damages or injury.
Government Employees in Car Accidents | Attorney Javier Marcos
If you have been involver in any type of accident, you will need a personal injury lawyer to help you with your case. Especially if its government employees in car accidents. Attorney Javier Marcos has 20 years of experience handling any type of accident cases. As soon as the accident happens, you should contact his law firm. His staff is ready to help you 24 hrs. Just call 713-999-4444 for your free consultation. There is no payment unless they win the case. And they offer home visits.
Español – Leyes sobre empleados del gobierno en accidentes de auto