Car Accidents Caused by Government Employees: Understanding Your Rights

 Posted on January 17, 2022 in Car Accidents

Approximately 4.5 million people were injured in car accidents in 2019. Car accident victims are often faced with significant financial losses, including vehicle repair costs and medical bills. Many are unable to work while they recover from their injuries. Some suffer catastrophic injuries that leave them permanently disabled. Car accident victims may be able to recover financial compensation for their losses through an insurance claim or personal injury lawsuit.

However, not all car accident injury claims are the same. When a car accident is caused by a government employee, a government entity may ultimately be responsible for compensating the victim. Unfortunately, bringing a successful claim against the government can be even more challenging than bringing a claim against an insurance company. Claims against the local, state or federal government are subject to special rules and tight deadlines. If you or a loved one were injured in a wreck and a government worker is at fault, contact an experienced personal injury lawyer for help.

Sovereign Immunity in Illinois Car Accident Claims

Being hurt in a car crash is always a surprise, but you may be even more surprised if the crash was caused by a government employee. If you have found yourself in this situation, you may wonder if you have the same rights as other crash victims.

The rules regarding car accident injury claims against the government vary. A legal concept called “sovereign immunity” limits citizens’ ability to sue the government. In Illinois, the Illinois Court of Claims Act governs claims against the state. Fortunately, the Court of Claims Act allows injured people to bring claims against the state if the same claim would be available against a non-governmental party.

Claims against the local government are governed by the Local Governmental and Governmental Employees Tort Immunity Act. Unfortunately, this law significantly limits the circumstances in which you can sue a local government for personal injuries. To bring a successful claim, you will need to show that the at-fault party’s actions were “willful and wanton.” So, if the at-fault driver was a local employee who acted negligently, the government entity may avoid liability.

The Bottom-Line Regarding Injury Claims Against the Government

Claims against the government are especially complicated. The standards you must meet to get compensated are higher and it is harder to bring a successful claim. The statute of limitations, or the time limit for filing a lawsuit, are also different for claims against the government. If you were hurt by a government employee, contact an attorney for help.

Contact a Winnebago County Personal Injury Attorney

If you or a loved one were injured in a car accident caused by a government worker, you may be entitled to financial compensation for medical bills and other expenses. Contact a Rockford car accident injury lawyer from Mannarino & Brasfield, A Division of Schwartz Jambois, for help. We can evaluate your situation and go over your options with you. Call 815-215-7561 for a free consultation.

Source:

https://injuryfacts.nsc.org/motor-vehicle/overview/introduction/