You would think that a government vehicle accident would be much easier to handle than an accident with a regular citizen. If anyone knows the rules about what is right and wrong after an auto accident, it would be the government, right? The truth is that everything from city government to the federal government knows the laws all too well, which can make the situation a bit more complicated. Plus, some government vehicles and drivers have immunity.
What does all this mean when it comes to being involved in a collision with a government vehicle? Let’s try to clear up some of the complexities.
What Classifies as a Government Vehicle?
There are many types of vehicles that are purchased, maintained, registered, and insured by government entities. For example, the Fresno Police Department has its own vehicles and those who drive them are considered part of the government. Let’s look at a more in-depth list of most government vehicles:
- Police, sheriff, state trooper or other criminal justice emergency vehicle
- Fire truck
- Mail truck (even those run by individuals to deliver mail in rural areas)
- Ambulance
- School buses run by the city, county, or state
- Snow plows and other road maintenance vehicles
- Vehicles owned by the Department of Transportation
- Fleet vehicles for the Department of Children and Families, Department of Health, and other government-run agencies
As you can see, there are many vehicles on the road that can be involved in collisions every day. Unfortunately, many of these accidents are caused by the person driving the government vehicle and many of them are protected from personal injury lawsuits.
Sovereign Immunity for a Government Vehicle Accident
We mentioned that many drivers of government vehicles are protected. The protection is known as “sovereign immunity” which means that as an agent of the government, they won’t be held liable for the accident even if they were at fault.
In fact, those who drive government vehicles are often given specific instructions when it comes to reporting an accident. These instructions may make it more difficult for you when it comes to a personal injury claim against the driver.
Federal Tort Claims Act
The Federal Tort Claims Act gives drivers who may not be at fault in an auto accident with a government-owned vehicle a chance to receive the compensation they may be entitled to. This Act states that if any driver in an accident with a government vehicle would, by law, be able to sue the driver if they weren’t a government employee, this driver can sue the agency they belong to with a personal injury claim.
While each government agency handles a government vehicle accident differently, it’s important to know that you have a right to investigate the cause of the accident and pursue a personal injury claim against the driver’s government agency. For example, the House of Representatives handles the Federal Tort Claims Act with these specific instructions.
The Importance of a Personal Injury Lawyer
Any auto accident can disrupt the lives of those involved. You may have to miss work, see doctors and specialists, go through therapy, and more. However, a government vehicle accident can cause an even bigger headache. A personal injury lawyer with experience handling accidents involving government vehicles will know how to stand up against their immunity. The right lawyer may be able to use the Federal Tort Claims Act to get you compensation for the accident.
Finding the right personal injury lawyer in California after being involved in a government vehicle accident isn’t as hard as you think. If you are in the areas of Fresno, Merced, Bakersfield or Visalia, call (559) 203-3333 to speak with Martin Gasparian with the Maison Law Firm. With a free consultation, Gasparian may be able to give you the next steps to take as well as help you to receive the compensation you might be entitled to after the accident.
