City Vehicle Accident Lawsuits in California
The City of Los Angeles is home to hundreds of government-operated vehicles. From police cars speeding to crime scenes, fire trucks maneuvering through traffic, and public works trucks maintaining city infrastructure to buses and vans shuttling residents across the city, these vehicles play essential roles in keeping Los Angeles running smoothly.
However, when one of these vehicles causes an accident, the impact can be severe, often resulting in devastating injuries for those involved.
You may have heard of governmental immunity. Because the government makes and enforces the law, it tends to treat itself more favorably than it treats others when it comes to liability for its wrongs.
Governmental immunity means that the government does not need to pay for its wrongs in certain cases, even though a private individual would have to pay under the same circumstances.
This is especially frustrating when it comes to serious injury accidents caused by federal, state, or city-owned and operated motor vehicles.
The City of Los Angeles owns and operates many of those vehicles, supporting police, firefighting, utilities, waste collection, and other city functions and services.
Sometimes, city employees carelessly operate a city-owned motor vehicle, such as by speeding, running red lights, or driving under the influence, causing many personal injury and property damage accidents every year.
If you've been injured in an accident involving a city vehicle, you may be juggling physical pain, emotional distress, and mounting expenses. Adding to the challenge, pursuing compensation for your injuries when a public entity is involved isn't like filing a typical personal injury claim—it's far more complex.
At Injury Justice Law Firm, we have extensive experience and an excellent track record of filing claims against the government. You can rest assured that we will work tirelessly on your behalf to get you the compensation you deserve.
The Role of Government Immunity in City Vehicle Accidents
Government immunity, rooted in long-standing legal doctrines, protects government entities and their employees from lawsuits under most circumstances.
However, California law provides specific exceptions, such as when a government employee causes harm through negligence while performing their job.
This means that while you may have a valid claim for city vehicle accidents, you must navigate a highly regulated process to seek compensation. We understand that this can be overwhelming, and we're here to guide you through it with our experienced attorneys, ensuring you feel reassured and confident in your case.
We should also note that city vehicle operators—such as police officers, firefighters, or bus drivers—generally cannot be sued personally for actions performed within the scope of their employment. Instead, your claim must target a governmental entity, such as the City of Los Angeles, which adds another layer of complexity to the process.
How Can You Overcome Governmental Immunity?
Fortunately, provisions of the California Tort Claims Act provide a pathway to financial recovery for those whom the City of Los Angeles motor vehicles injure or whose property City motor vehicles damage, giving you a sense of hope and optimism in your situation.
You must, though, follow the Act's special procedures. The first and most important procedure is to make a timely administrative claim with the City within six months of the accident.
This limitation period is much shorter than California's two-year statute of limitations period for other motor vehicle accidents not involving government defendants. It's crucial not to miss this special limitations period, and we'll ensure you're alert and cautious about this.
The City must respond to your claim within forty-five days. If the City rejects your claim, California law gives you six months to pursue your claim in court.
If the City does not respond, you have two years, in theory, to file in court, although waiting longer than six months is generally unwise and could lead to dismissal.
California law can also toll the limitation period in some cases, temporarily stopping the clock on the time it takes to file a claim.
The California Tort Claims Act does not allow you to sue the individual government employee whose careless act in the course of government employment caused your loss or injury. Instead, after the government agency rejects or ignores the administrative claim, the claimant may sue the government agency in court.
The government agency would pay for the careless wrong of its employee if that wrong occurred in the course of employment.
Your lawyer will gather the evidence and present the claim to show both the employee's agency and the employee's breach of the applicable standard of care, all necessary to recover on a negligence claim against the City.
Filing a Claim Under the Government Torts Claims Act
The City of Los Angeles accepts new claims using an online form. Only complete this form yourself with the assistance of competent legal counsel. The claim form requires that you allege how and when your loss occurred and the City employee's particular acts or omissions that caused your loss.
You must also state and itemize the amount you claim. Specific legal allegations of this type are precisely what our attorneys are trained to investigate and present.
It's crucial not to undermine your claim before it even starts with an incomplete, inaccurate, or inarticulate statement of your claim. The City of Los Angeles claim form includes blanks for identifying your attorney's name, address, telephone, and email. Seeking legal advice can ensure your claim is presented accurately and effectively.
Although claimants may submit their claims without a lawyer, claims offices tend to treat claimants fairly, offering them full value only if they believe the claimant has the legal representation necessary to prove the claim.
The City's claim form also requires supplying witness names and addresses, medical-treatment information, and accident diagrams. This is all the information that your injury lawyer should prepare and submit for you, relieving you of this burden and ensuring your claim is comprehensive.
In California, personal injury claims against the government are governed by the Government Claims Act (Government Code 801 GOV). This act sets out strict requirements and deadlines that differ significantly from traditional tort claims. Key provisions include:
- It's Important to note that personal injury claims against the government in California are governed by the Government Claims Act (Government Code 801 GOV). This act sets out strict requirements and Deadlines that differ significantly from traditional tort claims. Victims must file a formal claim with the appropriate government entity within six months of the date of the accident. Missing this deadline can result in forfeiting your right to seek compensation.
- Government Response Timeline: Once your claim is filed, the government has 45 days to respond. If they deny your claim or fail to respond within this period, you may then file a lawsuit in court.
- Pre-Lawsuit Requirement: You can only initiate a lawsuit against the government if you have first filed a claim and received a denial or no response. Follow this procedure to avoid your case being dismissed.
These requirements make it essential to act quickly and follow the process precisely. Filing a claim correctly or missing a step can permanently prevent you from recovering damages.
What are the Challenges in City Vehicle Accident Claims?
Filing a claim against the City of Los Angeles can be a daunting task. The legal hurdles include:
- Strict Deadlines: The six-month filing window is much shorter than the statute of limitations for standard personal injury cases, which is two years in California.
- Complex Paperwork: Government claims require meticulous attention to detail, as incomplete or inaccurate forms can lead to rejection.
- Navigating Immunity: Understanding when exceptions to government immunity apply requires specialized legal knowledge.
Many victims, understandably focused on recovering from their injuries, inadvertently jeopardize their claims by missing deadlines or misfiling documents. The legal process is unforgiving, and mistakes can be costly.
Why Do You Need an Experienced Attorney?
Given the complexities of city vehicle accident claims, having an experienced Los Angeles personal injury attorney on your side can make all the difference.
We have extensive experience handling claims against the City of Los Angeles and navigating the Government Claims Act. Here's how we can help:
- Timely Filing: We ensure that all claims are filed within the required six-month window and comply with all legal requirements.
- Comprehensive Case Management: From gathering evidence to submitting paperwork, we handle every detail of your case so that you do not forfeit your right to seek damages.
- Legal Expertise: We understand the nuances of government immunity and know how to build a strong claim that meets the legal thresholds.
- Representation in Court: If your claim is denied, we are prepared to advocate aggressively in court on your behalf.
Personal Injury Lawyers for City Vehicle Accidents
Our lawyers work on contingency fees, meaning that you pay nothing to evaluate, prepare, and present your claim until you make a financial recovery.
We earn our fee from the recovery—no recovery, no fee. So, you can get top-rated injury lawyers without having to pay out of pocket in advance.
Our law firm is not new to cases against state and local governments for serious injury vehicle accidents. We have the skill and experience to navigate the laws of governmental immunity.
If you've been injured in a city vehicle accident, the Injury Justice Law Firm is here to guide you through this complicated process with skill, care, and determination. Holding a government entity accountable can be daunting, but with the right legal team, you can pursue the justice you deserve.
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