Car accidents involving government vehicles can create a unique set of legal considerations for those injured. Unlike standard auto accidents, cases involving public agencies often follow different procedures for filing claims, meeting deadlines, and recovering damages. Understanding how these cases work is important for protecting your rights and pursuing compensation.
How Are Government Vehicle Accidents Different From Other Crashes?
Accidents with government vehicles differ because the defendant is a public entity rather than a private individual or company. Government agencies are generally shielded by a legal concept known as “sovereign immunity,” which limits when and how they can be sued. However, most states, including Pennsylvania, allow for exceptions to this rule under certain circumstances. These exceptions provide a path for injured parties to seek financial recovery.
What Laws Govern Claims Against Government Entities?
In Pennsylvania, the Political Subdivision Tort Claims Act and the Sovereign Immunity Act establish the rules for filing claims against government entities. These statutes outline the specific situations in which liability may be imposed on a public body or agency. They also set forth limits on damages and create strict filing requirements.
Is There a Deadline to File a Claim?
Yes, claims against government entities typically must be filed within a shorter timeframe than standard personal injury cases. In Pennsylvania, written notice of intent to pursue a claim must generally be provided within six months of the incident. Failing to meet this requirement can prevent recovery, regardless of the strength of the underlying case.
What Types of Damages May Be Recovered?
Compensation may be available for medical expenses, lost wages, and pain and suffering. However, Pennsylvania law places caps on damages when the defendant is a government entity. According to 42 Pa.C.S. § 8528, recovery is limited to $250,000 per plaintiff and $1 million per incident. These statutory limitations can affect your ability to obtain full compensation for damages.
How Does Liability Work in These Cases?
That is determined by evaluating the conduct of the government employee operating the vehicle. If the employee was acting within the scope of their employment and their negligence caused the crash, the government entity may be held responsible. However, if the employee was acting outside of their official duties at the time of the incident, liability may shift away from the government agency and onto the individual driver.
Are There Exceptions to Sovereign Immunity?
Yes, Pennsylvania law includes exceptions that allow individuals to bring claims in certain categories of negligence. “Vehicle liability” is one such exception, meaning that those injured in crashes caused by government-operated vehicles may pursue compensation. Other exceptions exist as well, but they are narrowly defined, and courts often apply them strictly.
What Evidence Is Important in Government Vehicle Accident Cases?
Evidence like police reports, witness statements, photographs, and medical documentation can play central roles in these cases. Because government agencies often defend against claims vigorously, presenting clear, organized evidence is particularly important. Our legal team can also help identify additional records, such as maintenance logs or driver employment history, that may strengthen a case.
Why Is Legal Guidance Beneficial in These Cases?
Pursuing a claim against a government entity involves procedural hurdles that differ from ordinary injury cases. A lawyer familiar with state laws can help identify applicable deadlines, assess damages, and build a case for liability. Without proper guidance, you might lose your opportunity to pursue compensation due to missed deadlines or procedural missteps.
Take Legal Action With Confidence After a Government Vehicle Accident: Contact the Delaware County Car Accident Lawyers at Eckell Sparks
If you were injured in a crash with a government vehicle, contact our Delaware County car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. For an initial consultation, call us today at 610-565-3701 or complete our online form. With office locations in Media and West Chester, Pennsylvania, we proudly serve clients in the surrounding areas.