Could the Government Be Liable for a Car Accident in California?
Being involved in a car accident can leave victims with physical and emotional harm that can negatively impact their everyday life in the days, weeks, and even months to come. However, matters can be made worse when victims are unsure whether or not they can file a claim against a government entity that may be liable for their accidents.
NK Law Group is a California personal injury law firm with experience handling car accident cases. Our trusted legal team understands that the personal injury claims process can be overwhelming and stressful as you try to understand who could be held liable for your injuries and losses. If you have suffered losses due to a car accident, there are certain situations where the government may be held liable for accidents in California. For help proving liability or your car accident claim, contact the car accident lawyers at NK Law Group today.
When Is the Government Liable for a Car Accident in California?
Car accidents can happen when least expected, leaving victims with injuries and losses. While many different parties may be held liable for an accident, there are certain situations in which a government entity could be held responsible for the crash. These situations include the following:
- The crash occurred while you were on government-owned property
- Your car accident involved a form of public transportation like a bus, train, or trolly
- You were hit by a government owned vehicle
- The government created a dangerous condition, such as a dangerous intersection
Regardless of how your accident occurred, if you believe that a government entity in California may be liable for your car crash, a personal injury lawyer can help by reviewing the specific details of your claim. If you were involved in a car accident and have determined that a government entity may be held as a liable party, it is important that you understand how to prove eligibility in a car accident claim in California.
How to Prove Liability for a Car Accident Claim in California
When you have been harmed in a car accident in which the government may be held liable, you need to understand how to prove their liability to retain the fair compensation you are entitled to for your losses. To prove liability for a personal injury claim in California, you must first provide evidence of the four elements of negligence. The four elements of negligence are as follows:
- The government entity owed you a duty of care
- The government entity failed to uphold the duty of care
- The breach of duty led to your car accident
- You suffered losses as a result
When it comes to government liability for a dangerous condition, then you will also need to show a violation of certain statutes, such as Government Code Section 830, which states that the dangerous condition needs to be substantial and not a trivial defect. You may also need to show that the government knew or should have known of the dangerous condition (pothole) but failed to remedy the situation.
A personal injury lawyer in California can help you collect the necessary evidence to prove liability for your car accident involving a government entity. Once you have collected the necessary evidence, you can file a personal injury claim and seek the damages you may be entitled to, like medical expenses, lost wages, or pain and suffering.
Statute of Limitations
Claims against a government entity have different reporting requirements that require you to act quickly. Generally, you will have six months from the date of the accident to file a claim with the correct government entity, or you may lose your opportunity to pursue your claim. There are exceptions to this rule in certain situations. If you miss the six month deadline, then you have another six months to ask a judge for a relief, but you will need to provide the judge with a good excuse as to why you missed the deadline.
If the government denies your claim, then you have six months from the denial letter date to file a lawsuit if you plan to pursue the claim. Filing a lawsuit against a government entity is complicated and requires knowledge of the California legal code. You will save yourself a great deal of time by seeking the help of a personal injury lawyer.
Get Help From a California Car Accident Lawyer Today
Car accidents can be traumatic and emotionally distressing for victims, especially when victims are unsure who the liable party may be. If you were injured in a car accident and believe a government entity may be at-fault, you deserve to seek justice for the losses you have suffered.
The award-winning car accident lawyers at NK Law Group have been helping accident victims in California build strong claims for years. Our California legal team is dedicated to providing clients with the trusted representation they deserve. We will be with you every step of the way during the legal process. To schedule a free consultation with one of our car accident lawyers, contact us here or call (510) 519-9497.
EXPERTLY REVIEWED BY
Naseer Khan, Esq.
May 2 2023
Top-rated personal injury attorney Naseer Khan, Esq. has over a decade of experience advocating for injury victims in California. As an award-winning attorney and a member of the American Association for Justice, Khan has a stellar track record of success and devotion to justice for his clients.