Car Accident
Fry | Goehring successfully helps the injured recover the compensation they deserve.
Cases We Handle
Personal Injury
Car Accidents Involving Government Vehicles In Georgia: Special Considerations
Being in a car crash can result in fear and confusion, and navigating a car accident claim can be even more stressful and overwhelming. Even when you have insurance and know you are eligible to pursue compensation for your medical bills and other losses, it can be challenging to recover the compensation you deserve. What’s even worse is when a government vehicle is involved in the accident.
Who pays for damages when your car is involved in a wreck with a fire truck? What happens if you hit a government vehicle? Or when a police vehicle hits your car during a criminal pursuit in Georgia? After all, government employees in Georgia are people too, and are just as likely to crash as anyone else.
If a government employee driver is negligent for causing a crash — such as by driving while intoxicated — both they and the government entity that employs them may be held accountable for the subsequent wreck and injuries. Unfortunately, taking on the government after a crash with a government vehicle — and winning the case — can be tricky, and the last thing you want to worry about is navigating the legal system alone.
At Fry| Goehring, our government vehicle accident lawyers in Atlanta can help. We work tirelessly to ensure that you receive the compensation you deserve. Whether it’s negotiating with government agencies or representing you in court, we will aggressively fight for your rights every step of the way. Contact us today for a free consultation.
Navigating Car Accidents with Government Vehicles in Georgia
Car accident claims in Georgia are complex legal matters and can be even more complicated, especially when a government vehicle is involved in the accident. The involvement of a government agency can add another layer of complexity. In Georgia, filing a claim for injuries resulting from a car accident with a government vehicle can be an uphill battle.
How Car Accident Claims Involving Government Vehicles Differ
Suppose you’re involved in a car accident with a government vehicle in Georgia. In that case, you should be aware of the legal and procedural differences and challenges that arise when taking on the government. These accidents are distinct and have specific legal procedures you must follow, which differ from typical car accidents. Some of the most notable differences include the following:
Notice Requirements
If you want to file a claim against a government entity, you must adhere to specific guidelines for providing notice of the claim. Typically, the time limit for sending a notice of the claim ranges from 30 to 180 days after the accident, depending on the location. The notice must contain detailed information about the accident, including the date, location, other details regarding what happened, and the description of the damages and injuries sustained.
Sovereign Immunity Laws
Depending on the circumstances of the accident, you may need to navigate sovereign immunity laws, which limit the liability of government entities in certain situations.
Legal Complexities
When it comes to car accidents in Georgia, government agencies can be held accountable. However, in certain situations, the government can claim sovereign immunity. If you’re involved in a car accident that involves law enforcement, such as during a police chase, the legal process can be even more challenging. Factors such as the nature of the government employee’s duties at the time of the accident and whether they acted within the scope of their employment can impact liability.
Special Forms
In accidents involving government vehicles in Georgia, the insurance claims process can be more complex than it is for other accidents. In addition to contacting your insurance company, you must complete specific forms with relevant government agencies. You must fill out these forms correctly to avoid any potential claim denials or delays.
Varied Insurance Coverage
Insurance coverage for government vehicles may operate differently from that of private cars. Instead of purchasing insurance from a provider, the government agency in question might choose to manage insurance claims and payouts themselves. This can impact the amount of compensation available and how the agency handles the situation in case of a claim.
Limited Time to Sue
If you want to file a claim against the government, note that the time frame for taking legal action is limited. However, unlike in car accident lawsuits involving private individuals or companies, where you generally have two years to file a claim, you’ll have a shorter time limit, ranging from six months to a year to file your lawsuit.
Different Investigation Process
After a car accident, the government may conduct its own independent investigation, which may involve multiple parties and take longer than an insurance company’s investigation. Additionally, the government may have different criteria for the evidence required to support a claim.
Understanding the Legal Status of Government Vehicles in Georgia Accidents
After car accidents involving government vehicles in Georgia, it’s essential to be aware of the legal status of these vehicles. There are several types of government vehicles that you might encounter, including county or municipal vehicles, state vehicles, and federal vehicles.
Accidents Involving County or Municipal Vehicles
County or municipal vehicles are commonly seen on Georgia roadways. These range from garbage trucks to police cars. The Georgia Tort Claims Act allows you to sue the state and local governments. The law doesn’t discriminate between types of vehicles involved in collisions. Whether it’s a county-owned fire engine or a county land surveying truck, the procedures for handling such incidents remain the same.
However, if you’re in a situation where you need to file a claim against a Georgia county, you must first send an ante litem notice. According to O.C.G.A. § 36-11-1, this notice must reach the right hands within 12 months of the accident or injury. Failing to send this notice on time could jeopardize your chances of receiving the compensation you deserve.
Accidents Involving State or Federal Vehicles
The Georgia Federal Tort Claims Act (FTCA) comprises several laws and exceptions that apply to all federally owned vehicles, including military and law enforcement vehicles. It is important to note that filing a federal vehicle accident claim differs from a regular car accident. It involves going to Georgia federal court, which can be overwhelming, especially for individuals without the proper knowledge and experience.
Key Legal Protections for Government Vehicles in Georgia
Filing a lawsuit against a government entity in Georgia can be challenging. Certain legal protections shield the government and its employees against legal action for any torts or negligence they may have committed while performing their duties as county or city employees.
Some of these protections include sovereign immunity and damage caps, which limit the compensation individuals can seek from government agencies in cases of car accidents.
Sovereign Immunity
Sovereign immunity limits the liability of government entities, including state, county, and municipal governments, from being sued for damages. The doctrine stems from the principle that the government cannot be held liable for specific actions or omissions while performing its functions.
Sovereign immunity extends to various government entities, protecting them from lawsuits seeking monetary damages. However, the state has waived sovereign immunity to a certain extent, allowing individuals to file claims against government agencies under specific circumstances. For instance, Georgia’s Tort Claims Act permits claims against the state and its subdivisions for torts committed by employees acting within the scope of their official duties.
Cap on Recoverable Damages
In addition to sovereign immunity, Georgia has set a cap on the amount of money you can recover in lawsuits against government entities for certain types of claims, including car accidents involving government vehicles. The limit applies regardless of how much damage you’ve suffered and is $1 million per incident.
Filing Claims for Accidents Involving Government Vehicles: A Step-by-Step Guide
Here’s a step-by-step guide on how to file claims for accidents involving government vehicles:
- Check for injuries: First and foremost, check to see if you and anyone else involved in the wreck suffered injuries. If there are any injuries, seek medical attention immediately.
- Document the accident scene: Gather as much information as possible about the accident. Take photos of the scene, including any damage to vehicles, and exchange contact and insurance information with the other parties involved.
- Notify the government entity: If the accident involves a government vehicle, such as a state, county, or municipal vehicle, you may need to notify the appropriate government entity.
- File an ante litem notice: This notice should be filed within a specific timeframe, often within six months to one year from the date of the accident, depending on the government entity involved.
- Gather evidence: Collect evidence supporting your claim, including witness statements, police reports, and medical records. The evidence will be crucial in proving liability and damages.
- Consult with an attorney: Consult with a Fry Goehring government vehicle accident lawyer to guide the legal process, help navigate complexities, and advocate for your rights.
- File the claim: Once you’ve gathered all necessary documentation and consulted with a skilled car accident lawyer, you can file your claim.
Statute of Limitations: Timelines for Filing Claims Against Government Entities in Georgia
Georgia’s state and federal courts impose deadlines for filing civil claims or criminal charges, known as statutes of limitations.
The time limits serve to safeguard:
- The accuracy of the evidence
- Encourage efficiency among plaintiffs
- Guarantee equity for defendants
Before filing a lawsuit against a government entity, you must send an ante litem notice to inform the government that you plan to file a claim. The deadline for submitting the notice depends on the type of government entity involved.
- If you want to file against the state government, you must issue the notice within 12 months.
- If you’re filing against a county or municipal government, you must send the notice within six months.
- If you’re filing against the state, county, or municipal government, you have two years to file a lawsuit.
The time limit for filing a lawsuit against a government entity in Georgia is considerably shorter than that for lawsuits against private individuals or companies. If you want to meet deadlines and ensure your rights are protected, seek the guidance of a Fry Goehring government vehicle accident lawyer. We can help you navigate the legal process and ensure you meet all necessary deadlines to pursue your claim effectively.
Contact Our Government Vehicle Accident Lawyers Today To Start Your Claim
Being involved in an accident with a government vehicle and suffering injuries can be a stressful and complex situation. Besides, with strict deadlines and procedural requirements to comply with, suing the government can be tricky. In such cases, it’s essential to seek the assistance of an Atlanta personal injury lawyer as soon as possible.
The knowledgeable Fry Goehring government vehicle accident attorneys can help you understand your rights and options and guide you through the legal process. We have the skill and experience to navigate the laws and regulations that apply to accidents involving government vehicles.
Our legal team will thoroughly review your case and provide you with advice on the best course of action. Call us at 404-969-1284 or contact us online today to get the help you need.
Our Values
What Our Work Means
- Our Firm is Dedicated to Giving Back to the Community We Serve
- We Communicate Effectively & Take the Time to Understand Your Pain
- Our Attorneys Are Backed by Over 20 Years of Legal Experience
Free Consultations Available
Contact Our Offices
Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (404) 969-1284.
