What Happens If I Get Into A Car Accident With A Government Vehicle?
If you get injured in a Florida car accident because of someone else’s negligent or wrongful act, you can file a claim against the at-fault party and recover compensation. Car accident claims in Florida generally follow the same pattern. Firstly, the drivers involved in the accident exchange necessary information. After that, the insurance company usually takes care of the paperwork and negotiates a settlement amount with the claimant. Then, a victim receives their payment after successful negotiations. However, car accident cases involving government vehicles, such as police cars, follow a different pattern. Accidents involving government vehicles can be complex and require a compressive understanding of some complex laws. If you got into a car accident with a government vehicle, it is best that you reach out to a skilled attorney for help.
Florida Laws on Filing Negligence Claims Against the Government
Claims filed against the state of Florida are governed by Florida Statute 768.28. According to this statute, Florida allows people to file negligence claims against governmental entities under limited circumstances. Generally, under Florida law, you can file a negligence claim against the state of Florida in a case where your injury was a result of a government employee’s negligent or wrongful act or omission, and the negligent party would have been liable as a private party. Also, according to the law, your losses must be compensable with money damages for you to sue the state of Florida.
It is crucial to note that Florida law imposes some limitations on the types of claims you can bring against the government or government employees. For example, you cannot hold a government employee personally liable for an injury unless the employee caused your injury intentionally.
How an Attorney Can Help
If you were in an accident with a government vehicle, you need to talk to an attorney as soon as possible. An attorney can help you in several ways. For example, an attorney can help you identify potential defendants. They can also help you meet the state’s strict notice deadlines. In Florida, if you are injured by a government employee, you need to put the state agency involved in the claim on notice of the claim within three years of your accident’s occurrence. In simple words, this means that you need to file a claim within three years of the date giving rise to your claim. An attorney can help you ensure you meet this deadline. Moreover, an attorney can help you ensure your notice contains all evidentiary requirements.
In conclusion, if you find yourself thinking you do not need an attorney after being in an accident with a government vehicle, remember that, although Florida law allows claims against the government, each jurisdiction maintains its unique rules and scope of protection. An attorney can inform you of the laws that apply to your case and help you determine the best way to handle your case.
Legal Help Is Available
If you were hurt in a car accident because of someone else’s negligent or wrongful act, contact one of our Orlando personal injury attorneys at The Pendas Law Firm for help with your claim.
The Pendas Law Firm also represents clients in the Ocala, Fort Myers, Fort Lauderdale, Tampa, Miami, Jacksonville, Bradenton, Daytona Beach, and West Palm Beach areas.
Resource:
flhsmv.gov/traffic-crash-reports/crash-dashboard/