What to Do If You’ve Been Injured by a Government Vehicle

Because of the Tort Claims Act , people in the United States can file personal injury claims against government entities and employees within reason. Though there are some limitations, if you’ve been injured by a garbage truck, fire truck, or mail truck, you still have rights to compensation. Contact an experienced Houston personal injury attorney if you feel you have a case.

Just like with other personal injury cases , government personal injury cases hinge on instances of negligence. If it is found that the government employee acted in a reckless manner, or if the vehicle responsible for the injury was in a state of disrepair, you may have rights to sue for negligence.

When trying to determine whether or not you have a case, finding liability is of the utmost importance. Liability will determine how “at-fault” the other party is for your injury. The less clear the liability is, the more likely it is that the agency will deny your claim, and it will be harder for you to seek compensation. In a government vehicle accident, such as with a fire truck or mail truck, it can be helpful to use police reports and accident claims to determine liability.

To prove neglect, and thus liability, the following needs to be proven:

It is important that all of the above conditions are met to prove negligence and receive adequate compensation. Government personal injury suits usually pay for medical bills and expenses, pain and suffering, and lost wages. Punitive damages, or damages intended to “punish” the other party for gross negligence, are not allowed in a government personal injury suit. There are also caps on the amount of compensation you can receive, unlike non-government personal injury suits.

When filing a claim against a governmental body, you must file within 6 months of the date of the injury. However, it is important to file as soon as possible to avoid complications in the case later. To file a claim, you must first speak with the agency responsible for the property. In this case, you would need to contact the municipal waste management division, fire department, or post office. You will then be able to file a claim with the agency. After filing the claim, the agency will either admit to or deny your claim. If the claim is admitted to, you will receive compensation; if it is denied, you will need to file a lawsuit and prove negligence.

In regards to government vehicles, negligence can be claimed based on distracted driving, such as texting behind the wheel , failure to obey traffic signals, or an unmaintained vehicle. If you’ve been injured by a government vehicle, contact an experienced Houston personal injury attorney today. Attorneys will acquire all documentation to support your claim, such as traffic citations, accident reports, medical records, etc.

They will use this information to construct a strategy to prove liability and get you the compensation you need. The attorneys at Gordon, Elias & Seely are highly experienced in personal injury claims against government agencies, and we can get you the compensation you deserve.

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