A public agency, like a city department, can be held liable if its employee causes an accident and leaves you with an injury.
California Government Code (GOV) requires that the employee have been engaged in work duties at the time of the accident, like a collision, for the employer (city, county, or state) to be liable.
(a)A public entity is liable for injury proximately caused by an act or omission of an employee of the public entity within the scope of his employment if the act or omission would, apart from this section, have given rise to a cause of action against that employee or his personal representative.
Who Is Responsible If a City Work Truck Hits Me?
City, County, and state agencies send a lot of employees out on state freeways and highways each day. The white vehicles and bucket trucks are easy to spot.
So, what happens when a careless DOT worker, or a city inspector, runs into you? GOV 815.2 makes cities and counties liable for their worker’s mistakes.
To apply, the employee accident must have happened under these circumstances:
- The employee must have been acting in the “scope of employment.” Usually performing job duties or traveling for work purposes.
- The employee’s negligent action or the failure to act caused an injury.
- The employee is responsible for the collision.
California Vehicle Code CVC 17001 enforces this law, making city’s, county’s, or state employers responsible for injuries and fatalities caused by their employees.
See: The law if you are injured while riding in a rideshare or on a bus.
The Exception in Government Vehicle Accidents
Under GOV 815.2 Section b, cities and counties are sometimes exempt from liability if an employee is immune from liability under another statute.
(b) Except as otherwise provided by statute, a public entity is not liable for an injury resulting from an act or omission of an employee of the public entity where the employee is immune from liability.
In one of the most common cases, a police officer isn’t usually liable for an accident during a pursuit or responding to an emergency. This protection can apply to other government employees in emergency vehicles responding to emergencies.
The safeguard against civil liability is found in CVC 17004.
However, in some cases, an employee is exempt from a lawsuit, but the city or county may still be held responsible. It’s always good to check with an experienced car accident lawyer when you are involved in a complex vehicle accident case.
See: Suing the Government after getting hit by a city or county vehicle.
The Added Complexity of Suing the City
These codes empower victims to file claims if they are rammed by government workers. They can seek compensation for things like medical bills, car repair costs, and their pain and emotional trauma.
But any claim filed against a government entity will be much more complex than a normal traffic accident case. Governments enjoy special protections from liability.
These are a few of the reasons you’ll have a harder time filing a claim against the city:
- Shorter Deadlines. Car accident victims usually have up to two years in California to file lawsuits over an injury. But when a government agency is involved, the statute of limitations can be as short as 6 months. Wait longer, and victims will lose their chance to get help with recovery costs. There is an option that might work for victims who miss the deadline.
- Notifying the City. If you sue a city or county government, you’ll have to alert them to your intention to seek damages. They’ll require complicated paperwork and the full details on your injuries and hardships. They’ll require you to alert them to how much your hardships total, and what you are asking for. Government agencies will usually have up to 45 days to respond to your claim. If they reject it, you have up to six months to file a lawsuit against the department involved.
- Government Lawyers. Governments will have teams of lawyers ready to argue over who was at fault in the accident, or how much you deserve for your injuries. They even downplay your injuries to get a discount on a settlement check.
The government agency will have a short time to decide if it will pay you what you are seeking. If they refuse, you then have the right to file a lawsuit and take them to court. A lawyer is a helpful advantage throughout this entire frustrating process and gives you a better chance to gain everything you need to heal and rebuild your life.
See: Other California traffic laws that may determine who is financially responsible.
Knowing When You’ll Need a Lawyer After a California Accident
If you are seriously hurt by another driver, it’s a good idea to talk over your case with a skilled car accident attorney. It’s especially important if you must deal with government agencies and their complicated process just to ask for a little help in recovery.
Maison Law offers a free case consultation to all injured California accident victims. It’s confidential, and it comes with no obligation. If you do need our help to earn more, you never have to break the bank to pay a lawyer. We aren’t paid unless we win your case for you. Then our fee comes out of the settlement check a car insurance provider must write.