Crashes involving city-owned vehicles, such as garbage trucks, buses, and police cruisers, are often accompanied by unique challenges for injured victims. Distinct from standard car accidents, these cases usually involve a labyrinth of legal issues, such as strict filing deadlines and sovereign immunity. Understanding your rights and how liability is determined are both essential to obtaining financial compensation for your lost earnings, medical bills, and other losses.
This blog explains how liability is assigned in accidents involving Virginia’s government vehicles, potential hurdles, and why working with an experienced Virginia Beach car accident lawyer is vital for these types of cases. To speak with an attorney about filing a case against a government agency or employee, call Shapiro, Washburn & Sharp.
What is a City-Owned Vehicle Accident?
“City-owned vehicle” refers to any vehicle that is operated by a local government entity, such as:
- Public buses: Offering commuter services inside city limits
- Garbage trucks: Collecting recycling or refuse
- Police vehicles: Conducting routine patrols or responding to emergencies
- Fire engines: Responding to road accidents or fires
Since they are continually in service to the public, these and other government vehicles are frequently on the road, which increases the likelihood of serious accidents. Determining fault in these cases is challenging due to the different standards of liability.
How Does Liability Work in Accidents With City-Owned Vehicles?
Determining liability for a city-owned vehicle accident in Virginia depends on whether or not the government worker operating it was acting within the course and scope of their employment.
When Is the Government at Fault?
Government agencies may be held liable in cases of:
- Scope of Employment: At the time of the incident, the employee was acting within the scope of their employment.
- Employee Negligence: The accident was caused by the employee’s negligent actions, such as running a red light, distracted driving, or speeding.
When Is the Government Not at Fault?
Sovereign immunity may apply if:
- The vehicle was responding to an emergency call with its sirens and lights engaged.
- The employee was not engaged in their official duties or was off-duty when the collision occurred.
These distinctions make determining fault more difficult than with a standard car accident.
Challenges of Suing After a City-Owned Vehicle Accident?
In many situations, government workers and agencies are protected against lawsuits by sovereign immunity, so accidents with city-owned vehicles pose unique legal obstacles.
Filing Deadlines
Virginia sets specific deadlines for bringing claims against government entities:
- Notice of Claim: An official notice of intent to sue the municipality or city must be filed within six months from the day the accident took place.
- Statute of Limitations: After the notice is filed, you typically have two years from the date of the accident to file a lawsuit.
If these deadlines pass before you file the appropriate paperwork, you will lose your right to pursue financial compensation.
Sovereign Immunity
State law grants immunity to government employees and entities for good-faith actions. This immunity does not, however, apply to negligent acts, like failing to obey driving laws while operating a government-owned vehicle.
What Types of Compensation Are Available?
Depending on the severity of their losses and injuries, victims of city-owned vehicle collisions could potentially be eligible for multiple forms of damages. These include:
Economic Damages and Non-Economic Damages
The damages are intended to compensate victims for their:
- Medical Expenses: Hospitalizations, rehabilitation, surgeries, and continuing care
- Lost Wages: Compensation for the time your injuries left you unable to work
- Property Damage: Costs to replace or repair your vehicle and other personal property
- Pain and Suffering: Compensation for the emotional pain and physical pain caused by the incident and your subsequent injuries
What Steps Should I Take After an Accident With a City-Owned Vehicle?
Following an accident with a city-owned vehicle, knowing what steps to take and when will strengthen your claim and support your case for compensation. Those steps include:
Reporting the Crash
Call local law enforcement to report the crash. The responding officer will draft an accident report, which can be an important piece of evidence.
Collecting Evidence
Document the scene by taking videos or pictures of:
- Any damage to the vehicles involved
- Current road conditions
- Traffic signs and signals
- Any visible injuries
- The contact details of any city workers involved in the crash, as well as any eyewitnesses.
Seek Prompt Medical Attention
Even if your injuries seem insignificant, you need to be properly evaluated by a medical professional. Not only will this help prevent a minor or “invisible” injury from worsening, but medical records play an indispensable role in proving damages.
File Your Notice of Claim
No more than six months from the day of your accident, you must submit an official notice to the government agency or city. This notice should include the following details:
- Date, time, and location of the crash
- Your name, phone number, and current address
- Names of others involved in the collision
- A brief description of how the accident happened
Consult a Virginia Beach Car Accident Lawyer
A skilled Virginia Beach car accident lawyer can ensure all filing deadlines are met, help you collect strong evidence, and build a convincing case against the municipality or city responsible for your accident.
Why is Working With an Attorney Important?
Navigating a claim against a city or government agency is significantly more complex than a standard motor vehicle accident case. Partnering with a knowledgeable Virginia Beach car accident lawyer will ensure that you have a legal advocate who can:
- Understand the legal process: Your attorney will oversee all procedural requirements for your case, including filing lawsuits and notices on time.
- Challenge sovereign immunity: A skilled lawyer can easily recognize exceptions to sovereign immunity and give evidence that effectively counters this defense.
- Negotiate for fair compensation: Government entities and insurance companies work hard to minimize payouts. Your attorney will fight to make sure you are fully compensated for your damages.
- Represent you in court: Should negotiations fail, your lawyer will represent you in court and protect your best interests
Shapiro, Washburn & Sharp
City-owned vehicle accidents demand a thorough understanding of Virginia’s legal landscape. At Shapiro, Washburn & Sharp, we have the resources and experience you need to secure the financial compensation you need and deserve. One example of this is the $1.6 million verdict we achieved for a client who experienced a traumatic brain injury and seizures due to a missed medical diagnosis.
To discuss your lawsuit against a government entity with a trusted Virginia Beach car accident lawyer, you can schedule a free legal consultation by calling (833) 997-1774 or by filling out the contact form on our website. We have offices in Virginia Beach, Portsmouth, Hampton, and Norfolk.
