Car accident victims who are struck by a government employee who is engaged in work duties can file a lawsuit. This lawsuit would ask for money to help victims pay their medical bills and cover their time away from their jobs.
California Vehicle Code (CVC) confirms the victims’ right to hold a city, county, or state agency liable for its employees’ mistakes.
CHAPTER 1. Civil Liability of Owners and Operators of Vehicles
A public entity is liable for death or injury to person or property proximately caused by a negligent or wrongful act or omission in the operation of any motor vehicle by an employee of the public entity acting within the scope of his employment.
When You Can Hold the City Liable for a Car Accident
If you are struck by a city employee in a white SUV or a parks department worker in a truck, you can file a claim and demand support for your recovery.
Vehicle Code 17001 confirms that a government department is responsible for the actions of an employee. The agency is financially liable for any car accident the employee causes while driving a vehicle as part of their work duties.
The fact that there was an accident doesn’t automatically mean the city or county is accountable.
The victim (and their attorney if they’ve hired one) would need to prove these factors:
- The driver responsible is a government employee
- The driver was engaged in work responsibilities
- The driver was careless or reckless behind the wheel
- Evidence that the driver’s actions caused an accident
- The accident caused car damage and/or injuries
An experienced California car accident lawyer can help you gather the evidence to prove a government worker caused an accident and was “on the clock” at the time.
See: Additional laws that back victims who must sue the City.
What If the Government Employee Was Driving Their Own Car?
The vehicle doesn’t have to be an official government vehicle.
If the employee was in a personal vehicle but was taking part in work-related activities, the government agency might bear responsibility.
See: More Vehicle Codes that protect you after an accident.
The Deadline for Filing an Accident Claim Against the City
Normal drivers struck by city work vehicles can run into a few complications when trying to get help with their recovery bills. Government entities enjoy special protections against litigation, and that can mean punishing time limits, stacks of paperwork, and fights with government lawyers.
Deadline: In a normal crash involving another regular driver, you’d have up to two years to file your claim. But when a government entity is involved, you have only 6 months to give them notice of your claim. The government administrators can either agree to pay you what you’ve asked for, or reject your claim. If they refuse to accept the claim, then you have another 6 months to file a lawsuit and take them to court.
Complicated Paperwork: It’s a complex process to satisfy the City or State that you are owed some compensation. You’ll have a lot of documents to fill out, and you’ll have to provide a lot of documentation and evidence to prove to them that their employee caused a crash and that your injuries resulted. You’ll also have to organize your medical documents to show just how long your recovery will take.
Government Attorneys: The department will have a team of lawyers at its fingertips, ready to defend against a claim. They’ll try to blame you for what happened, or say that your injuries really aren’t all that bad.
A skilled attorney on your side can help you meet all the sneaky deadlines, fill out the paperwork correctly, and provide the evidence to fight back against false narratives.
Should I Call a Car Accident Lawyer?
If you are seriously hurt by a government employee’s reckless driving, it’s a good idea to talk over your case with a skilled California car accident lawyer.
Maison Law offers a free case consultation to all injured California accident victims. It’s confidential, and it comes with no obligation.
And you should not worry about how you’ll manage to pay a lawyer if you need one. We begin work with no upfront costs. We are only paid if we win your case for you. Then, our attorney’s fee comes out of the settlement you receive from a government entity.