Car accidents are common in Long Island and the causes varies from driver behavior to road defects. These accidents are stressful under any circumstances, but when the at-fault party is a government entity, the process becomes even more complicated. Whether you were hit by a municipal vehicle, suffered an accident due to poorly maintained roads, or encountered a malfunctioning traffic signal, taking legal action against the government requires navigating a different set of rules and deadlines.
If you’re considering filing a claim, consulting car accident lawyers in Long Island can be a crucial first step. Here’s what you need to know about suing a government agency after a car accident.
Understanding Sovereign Immunity and Exceptions
Government agencies are typically protected by a legal principle called sovereign immunity, which limits the ability of individuals to sue the government. However, exceptions exist under laws like the Federal Tort Claims Act (FTCA) or specific state legislation. In New York, for example, the state’s Court of Claims Act provides a pathway for holding government entities accountable in certain cases. Understanding whether your case qualifies under these exceptions is essential before proceeding.
The Importance of the Notice of Claim
Unlike traditional car accident lawsuits, claims against government agencies require an extra step: filing a Notice of Claim. This document serves as a formal notification to the responsible government entity, outlining the details of the accident, the injuries sustained, and the compensation being sought. In New York, you typically have only 90 days from the date of the accident to file this notice. Missing this deadline can bar you from pursuing compensation entirely.
Proving Government Negligence
To hold a government agency liable, you must demonstrate negligence—meaning the entity failed in its duty to maintain safe road conditions, properly train drivers, or ensure public safety. Evidence such as accident reports, witness statements, surveillance footage, and expert testimony can strengthen your case. If poor road maintenance contributed to the accident, photographic evidence and maintenance records can be critical.
The Legal Process: Filing the Lawsuit
Once the Notice of Claim is filed, the government has time to investigate and respond. If they deny responsibility or offer an unsatisfactory settlement, you may proceed with filing a lawsuit. However, unlike regular personal injury cases, lawsuits against government entities have stricter procedural rules and shorter statutes of limitations. Working with experienced legal professionals ensures that your claim adheres to all necessary legal requirements.
Potential Challenges and How to Overcome Them
Government agencies have strong legal teams that work to minimize liability. They may argue that the accident was unavoidable, that proper signage was in place, or that the driver was operating within the scope of their duties. Anticipating these defenses and having strong legal representation can help counter their arguments effectively.
Final Thoughts
Filing a lawsuit against the government for a car accident in Long Island requires careful navigation of complex legal procedures. Missing a deadline or failing to meet legal requirements can jeopardize your claim. That’s why seeking help from car accident lawyers is vital. With the right legal guidance, you can pursue the compensation you deserve and ensure your rights are fully protected.
Also Read: Should You Consult a Car Accident Attorney When the Leased Car Is Totaled?
