9.00AM- 5.00PM
(262) 331-3553
Getting into a typical civilian-civilian car accident is already a stressful experience.
But what happens when the other vehicle involved belongs to the government?
We don’t like to sugarcoat things at Mahony Law. We’ll be honest, accidents involving government vehicles add several layers of complexity to an already daunting situation.
Fortunately, no accident is impossible – especially if you have the right legal counsel on your side. In this guide, we’ll dive into the unique challenges you may face if involved in an accident with government vehicles in Wisconsin.
From understanding personal injury laws to navigating the civil litigation process, we’re here to point you in the right direction.
One of the first hurdles you’ll encounter after a government vehicle accident is the concept of government immunity. In a nutshell, this principle can make it more challenging to file a claim against a government agency.
Government immunity essentially means that certain entities are protected from lawsuits unless specific conditions are met. However, exceptions exist, especially in cases of negligence, where you can pursue compensation for injuries.
If you were involved in a car accident with a vehicle owned by the federal government, The Federal Tort Claims Act (FTCA) is a key piece of legislation. Here’s how this law factors into these types of accidents:
This waiver allows you to file claims against the federal government for damages or injuries that are the result of negligent or wrongful acts by federal employees performed within the scope of their employment.
For a claim to be valid under the FTCA, the employee’s actions must have been performed within the scope of their federal employment at the time of the accident.
The FTCA allows for claims based on negligence. If a federal government employee was driving a government vehicle negligently (e.g., speeding, ignoring traffic signals, or driving distracted) and that negligence resulted in a car accident, the injured party can file a claim.
Claimants must first file a claim with the appropriate federal agency within two years from the date of the accident – detailing the damages sought and the facts supporting the claim. The agency has six months to respond. If the claim is denied or not satisfactorily resolved, the claimant can then file a lawsuit in federal court.
The FTCA contains exceptions to the waiver of immunity. For example, certain claims based on the discretionary function of a federal employee might not be allowed. However, routine operations like driving do not typically fall under these exceptions.
Claimants can seek compensation for damages such as medical expenses, lost wages, property damage, and pain and suffering. However, punitive damages are not allowed under the FTCA.
Partnering with a government vehicle accident lawyer who understands these nuances is crucial to navigating these legal complications and earning rightful compensation.
Filing a claim against a government vehicle involves strict deadlines and procedures – and missing these can jeopardize your ability to earn fair compensation.
For example, a notice of claims in Wisconsin must be filed within a certain timeframe, usually within 120 days after the incident. This notice must include specific details about the claim and the injuries sustained.
Trying to file this car accident claim without an experienced personal injury attorney can result in discrepancies – which may negatively impact your ability to seek compensation. This is why it’s crucial to seek professional legal counsel to prevent technicalities from derailing your pursuit of justice.
Government-owned vehicles can belong to various agencies, each with a separate set of rules.
Determining the responsible government entity in an accident forms the basis for your claim – and requires a thorough investigation.
This step typically involves digging through layers of bureaucracy to identify a) who owns the vehicle and b) who was at fault. It might be a local, state, or federal government entity, each with different procedures for handling claims. Unfortunately, this process is extremely difficult to navigate without an attorney – and some entities won’t even negotiate with you if you don’t have one.
The legal framework to navigate accidents with government vehicles is intricate – to put it lightly.
Claims against government agencies may be dictated by specific statutes regarding how and when a lawsuit can be filed. These laws also outline the types of damages that can be recovered.
Wisconsin statutes delineate the scope of damages that can be pursued against government entities. For example, economic damages (such as medical expenses, property damage, and lost wages) may be recoverable. But there are often caps on the amount of non-economic damages (like pain and suffering) that can be awarded in lawsuits against government agencies.
Your government vehicle accident lawyer will make sure your claim complies with these regulations, advocating for your best interests throughout the process.
Government entities have experienced legal teams on retainer to minimize payouts after an accident – that’s just the reality of it.
Trying to negotiate a fair settlement will be nearly impossible without a skilled government vehicle accident lawyer. These attorneys understand the tactics used by government defense teams to reduce liability – and are prepared to counter these strategies.
By presenting a strong case backed by evidence and expert testimony, your lawyer will fight for a settlement or court award that covers your medical expenses, lost wages, and other damages necessary to rebuild your life after the accident.
If possible, get to the shoulder of the road and put your hazard lights on, then call emergency services.
Check for immediate dangers, such as leaking fuel or traffic hazards to prevent further incidents. Your safety and the safety of others are the top priority before any legal considerations.
Report the accident to the police and, if possible, to the agency owning the vehicle.
This official record is a critical piece of your claim. The police report will provide an unbiased account of the incident, which can be crucial in establishing fault. Reporting the accident to the agency that owns the vehicle ensures they are aware of the incident, which is necessary for any claim process.
Gather as much evidence as possible – photos, witness statements, and personal accounts. Make sure to capture different angles and details of the accident scene, including damage to all vehicles involved and any relevant road conditions or signs. The more comprehensive your documentation, the stronger your case will be.
Immediate medical evaluation is essential, even if you don’t have obvious injuries. The medical staff at the scene knows how to spot the early signs of serious injuries – like brain or spinal injuries.
Additionally, be good about following up with all recommended treatments and keep a detailed record of your medical visits, expenses, and any instructions from healthcare professionals. These records will serve as evidence of the extent and impact of your injuries.
Before navigating insurance claims or speaking to government representatives, consult with a lawyer experienced in government vehicle accident claims. These consultations are generally free – so you have nothing to lose.
They’ll guide you through the process, making sure you don’t unknowingly compromise your case. An experienced lawyer will also communicate on your behalf, protecting you from statements or agreements that could undermine your position. With their expertise, they can anticipate and counter challenges, making your path to compensation smoother.
A personal injury lawyer – with experience in government vehicle accidents – will help you navigate this complex legal landscape, offering peace of mind and a clear path forward. They will also keep you fully informed about your rights and the potential outcomes of your case.
The lawyer you hire is the only party truly on your side. Their job is to negotiate with government agencies and insurance companies to secure the compensation you deserve. Their experience in handling similar cases is essential in overcoming the obstacles that may arise during negotiations.
With a deep understanding of federal vehicle accident claims, your attorney will create a negotiation strategy for your unique situation, aiming for the best possible outcome. This strategy will include a comprehensive analysis of the accident, leveraging legal precedents and current laws to strengthen your case.
If your case goes to court, your lawyer will navigate the civil litigation process for you, representing your interests every step of the way. They will meticulously prepare you for each phase of the trial, from discovery and depositions to presenting evidence and cross-examination, ensuring you feel confident and informed.
Accidents involving government vehicles present unique challenges that require careful navigation. From understanding governmental immunity laws to pursuing compensation through insurance claims or civil litigation, seeking legal guidance is essential for protecting your rights and earning the compensation you deserve.
At Mahony Law, we’ve represented many victims of car accidents involving government vehicles. Our goal is to help you navigate the legal process as quickly as possible to get your life back on track.
Our firm operates on a contingency fee agreement – meaning we make our fees as part of the settlement AFTER we win the case. In other words, we don’t charge you anything to take your case. If you’ve been involved in an accident with a government vehicle in Wisconsin, we’re here to help. Schedule a FREE, no-obligation consultation by calling 262-331-3553, emailing us at info@mahonylaw.com, or filling out an online form.
Our Wisconsin personal injury law firm has a true passion for helping people. Allow Mahony Law to pursue justice for you and your family after an injury or accident.
