Lakewood Car Accident Lawyers
If you were involved in an auto accident with a government vehicle, you may wonder whether you can sue the government entity. While it can be difficult to sue a federal, state, or city, it can be done with an experienced attorney by your side. Government entities are protected under government or sovereign immunity. The Federal Tort Claims Act (FTCA) governs accidents involving government vehicles. This provides a limited waiver of sovereign immunity when employees are negligent within the scope of their employment.
When Can a Governmental Agency Be Sued?
Governmental immunity usually extends to emergency vehicles, such as police cars, fire trucks, and ambulances. When they are rushing to their destination to save a life, prevent a crime, or put out a fire they do have certain immunities. Non-emergency government vehicles may also have immunity in an accident. Overall, it is more difficult to prove driver fault if you are suing a government employee or entity.
How Does the Statute of Limitations Differ for a Government Claim?
There are different statutes of limitations when suing a government agency or employee. The statute of limitations is a mere 180 days in an accident with a negligent state, city or county employee. In comparison, personal injury victims have up to three years to file a claim against a private citizen.
You must submit an administrative claim in writing to the appropriate agency within this 180 days. If you miss this deadline, you will be barred from ever submitting a claim. This means, you will be completely responsible for paying for your injuries, damages and lost wages.
After your administrative claim has been filed, you must wait three months or until the agency responds to or denies your claim. Damages when suing a Colorado government entity are generally capped at $150,000 for one injured person and $600,000 for two or more injured people. Punitive damages are now allowed under any circumstances.
If you have been injured in a car accident by a city, state, or county employee, it is important to contact an experienced Denver personal injury attorney as soon as possible to avoid missing the deadlines associated with governmental claims. Call Denver personal injury attorney Robert Paysinger immediately to review all of your legal options and protect your rights to compensation.
While most Colorado auto accident cases are fairly straightforward, if you were involved in an accident with a government vehicle, these rules can be significantly different. The Colorado Governmental Immunity Act (CGIA) grants immunity from most lawsuits to the State of Colorado. This includes subsidiaries of the state such as colleges, universities, special districts, and city and county governments. In 1972 the state of Colorado moved away from blanket immunity for government entities in favor of a set of limitations and restrictions regarding when a citizen can sue a government entity and how much they can collect.
Contact Our Denver Personal Injury Lawyers
If you or someone you love has been involved in an accident with a government vehicle, you need an experienced lawyer on your side immediately to avoid missing critical deadlines. Contact Denver attorney Robert Paysinger today to discuss your case. Our law firm offers FREE case consultations and can be reached at 303.279.0221
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