Due to complex legal concepts such as sovereign immunity, accidents involving government vehicles can be much more complicated than a standard car crash case. If you have been injured in an accident involving a governmental entity or employee, seek qualified legal assistance from an experienced San Antonio car accident lawyer.
Types of Government Vehicles That Might Be Involved in Car Crashes
Various types of vehicles can be involved in accidents that could give rise to a claim against the government, including the following:
- Emergency response vehicles, including police cars, ambulances, or fire trucks
- Garbage trucks, snow plows, and other service vehicles
- School buses
- Military convoys
Even if a personal vehicle was involved in the crash, there could still be legal implications if the driver was a government employee.
Government Vehicles and Sovereign Immunity
Sovereign immunity is the legal doctrine that states are immune from criminal prosecutions and civil lawsuits. This principle has insulated the government from many types of claims that would have been valid had the defendant not been a governmental agency.
There are two types of sovereign immunity: qualified and absolute. Qualified immunity shields government officials from liability for acts they committed within the scope of their office and that they performed in good faith. Absolute immunity entirely protects government officials from criminal prosecution and civil lawsuits based on acts committed within the scope of the government official’s duties. Absolute immunity serves as a complete bar to lawsuits.
Exceptions to Sovereign Immunity
Under sovereign immunity, someone can sue if the government has given its consent to being sued. In Texas, the government can be sued for personal injuries or death that arise from any of the following:
- A state employee’s operation of a motor vehicle in the course and scope of their employment
- Personal property conditions or use
- Premises defects
An experienced San Antonio personal injury lawyer can investigate your case to determine whether you have a viable case against the government.
Legal Considerations for Pursuing Car Accident Claims Involving Government Vehicles
If you have a viable legal claim involving a government vehicle or worker, some things to keep in mind include the following:
- Notice requirement: You must give the state notice of a claim within 180 days of the car accident or other personal injury incident. Some counties and municipalities have even shorter deadlines. Your notice must include sufficient information, including a description of your damage, the identification of the injured parties, the incident that provides the basis for your legal claim, and the time and place of the injury.
- Damages cap: If you are able to recover compensation for your damages, you will be subject to a damages cap under the Texas Tort Claims Act. The cap is $250,000 per person or $500,000 per occurrence and $100,00 for property damage.
Contact Our Experienced Car Accident Lawyers for Legal Assistance
If you were injured in an accident involving a government vehicle that was not your fault, let the experienced legal team at George Salinas Injury Lawyers handle your claim. We have taken on many complex cases and have secured significant results for our clients. Contact us today to learn more during a free consultation.