If you were unfortunate enough to have been hit by a bus or suffered a car accident of one type or another caused by defective government property or negligent employee behavior, you may be wondering if you can submit a personal injury claim like you can against a private individual who you believe is at fault.
The city and state governments do allow claims against them and provide facilities for claims to be submitted, but generally the process can take longer than if the party at fault was private. See a personal injury attorney for advice before you submit any claims.
City and State Laws Regarding Government Personal Injury Claims
Both the city and the state government hold what is called “sovereign immunity,” which is a law that prevents continuous civil claims made against them. Perhaps confusingly for some people, the city and state governments in Tennessee do make allowances for genuine cases of injury following proven cases of negligence.
If you have been hit by a city bus, for example, in your car, or a bridge part of a road collapses as you are passing over it, you are entitled to make a claim. The procedure is still restricted by time and you must first advise the relevant department or agency of your intent to file a personal injury claim. This is done by submitting a “Notice of Claim” form with all relevant documentation. Instructions and forms are provided on the city website.
Note that Tennessee has made it more difficult to obtain non-economic damages from either a private individual or any of the government agencies if a claim is made against them. The amount of pain and suffering payments as well as any punitive damages are capped. This may affect a very serious injury claim quite significantly.
Vehicle Accidents Involving City of Government Property
If you have had an injury while traveling in your own car in or around Nashville, here are several potential scenarios as follows;
- You were hit by a non transportation government vehicle such as a police car, fire service vehicle.
- You were hit by an MTA bus.
- You were injured as a result of poorly maintained road surfaces, such as unfilled pot holes.
- A part of a government building or bridge collapsed on your vehicle or when you passed over it.
- Your accident happened in a government owned parking lot.
Have You Been in a Collision With a City Bus?
Nashville, like more big cities, is a busy city and buses may often be involved in accidents. Fortunately, most of these are relatively minor, but there are serious accidents that happen, too. If you have a car accident and are forced to make a claim against the city, it is more than likely that it was an MTA bus that hit you.
Bus accidents may be due to more than one negligent party. If the bus driver shared fault with a private driver of another vehicle, multiple claims may be necessary.
The usual reasons why a bus hit your own vehicle, assuming you were not at fault, are driver stress or tiredness, drug or alcohol use, distracted driving such as the illegal use of a cell phone, failure to signal and failure to yield the right of way.
It is Not Advisable to Sue the City Without Legal Representation
Personal injury lawsuits are hard enough without taking into consideration the extra difficulties and time limits imposed on claims against a government agency. You are strongly advised to contact an experienced personal injury attorney before submitting a notice of claim. If you fail to provide sufficient supporting documentation or miss a deadline, your chances of obtaining compensation are much reduced.
Disclaimer
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against the city of Nashville, or the state government of Tennessee, or any other party, you may not be entitled to any compensation.
