Injured in a car accident with a government vehicle? These types of cases are generally more complicated and may require help from injury lawyers in Clarksburg, WV. The claim liability involving a government entity may be difficult to prove.
These cases are filed under the Federal Tort Claims Act (FTCA) and are handled differently than an average car accident claim in West Virginia. Liability involving a government entity will depend on the circumstances of the crash, which will need to be reviewed by legal counsel.
What to Do after a Car Accident with a Government Vehicle
Local, state and federal laws can impact your ability to file claim liability involving a government entity. The government generally is protected from lawsuits, although there are some exceptions that may apply. This special protection basically requires one to secure the services of injury lawyers in Clarksburg, WV, to protect his or her rights when involved with a government vehicle crash.
Even in those circumstances that a claim can be filed, there will be higher standards when it comes to proof. For instance, let’s say you were traveling on Highway 20 and your vehicle was struck by a mail truck. As a result, you sustained multiple fractures and head trauma.
You will need to prove the postal worker was negligent. In fact, will you likely need more evidence than is typically required in a car accident claim. This is where injury lawyers in Clarksburg may be able to help with claim liability involving a government entity.
However, there are certain types of vehicles that are even more difficult to find as negligent. A car accident with a government vehicle responding to an emergency is an especially complicated case. Contact The Miley Legal Group if you were in an accident with an emergency vehicle.
This includes fire trucks, ambulances and police cars. When these government employees act within the scope of their duties and it causes an accident, it may be very difficult to sue and establish claim liability involving government entity.
If you are injured, and it can be shown that the vehicle didn’t have its lights or sirens on, then you might have a case. Despite having to answer the call for an emergency, there is still the expectancy to keep the public safe. These are possible exceptions to the protection usually given in a car accident with a government vehicle.
Statute of Limitations for Filing a Claim against the Government
The statute of limitations for a traffic crash injury in West Virginia is two years. However, the rules are different if you are injured in a car accident with a government vehicle. You most likely will need the help of injury lawyers Clarksburg, WV, to help you file your claim correctly and on time.
You typically have much less time to submit a claim, which is not filed in the same way as one involving a non-government vehicle. The average timeframe is six months, but in some municipalities it can be as little as 30 days. Thus, claim liability involving a government entity needs to be established as soon as possible.
Waiting to file your claim could result in you losing the ability to collect any damages. So it’s important to move quickly, by first consulting injury lawyers in Clarksburg, WV. They can explain the time limits that apply to your specific case.
If for whatever reason you miss the deadline, there could be allowances; for instance, if you were not aware that a government entity was to blame for your injuries. You might be able to go through with filing your claim, including an explanation of why it’s late and then asking for an extension. However, it’s a good idea to have legal counsel helping you.
Seeking Help from Injury Lawyers Clarksburg WV
Whether it was a worker responding to an emergency or another type of government employee, you could be entitled to damages for injuries caused by negligence. The best way to learn about your rights is to consult a lawyer at the Miley Legal Group. We review will carefully the details and explain the steps you should take next if you were seriously injured in a car accident with a government vehicle.