Car Accidents with State Owned Vehicles

If you’ve sustained an injury in a car accident caused by a negligent driver, the thought of dealing with the negligent driver and their insurance company can be daunting. When your accident is caused by a government employee and you must deal with the government which is self-insured, the process of filing a claim or lawsuit can seem even more intimidating. The right to sue a government entity for an accident caused by one of its employees or a government official is strictly controlled by specific laws in the state of Florida. Back in the day, the common law doctrine of sovereign immunity prohibited an individual from suing the government or any of its agencies without the government’s consent. A government entity may include a town, a city, a county, a state, a school, a transportation system, or even a local district. These laws are known as sovereign immunity laws. Sovereign immunity laws establish the framework of legal rules and procedure that applies when an individual would like to file a lawsuit against a government entity for injuries sustained in an accident. Even after completing these procedures, the government response may be to just simply deny your claim for compensation and argue that it is immune to claims in your accident. Like an insurance company’s denial of coverage, a government claim of immunity is sometimes just an initial response upon filing a claim against the government. This can change once an injury victim begins negotiating with the adjuster for the government. Keep  in mind that claims adjusters for public entities do not give up public money easily and sometimes they cling on to an immunity defense all the way to courthouse. The good news is that in the state of Florida, sovereign immunity is not an absolute defense to all tort claims. Article X Section 13 of the Florida Constitution permits a limited waiver of sovereign immunity in certain circumstances and these circumstances can be found in Florida Statute § 768.28. Typically, the law in Florida allows an individual to sue for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of an employee of a government agency or subdivision while acting within the scope of the employee’s office or employment under circumstances in which the state or such agency or subdivision, if it were a private person, would be liable to the claimant. To put this into simple terms, the main condition that must be met is that the state employee or government official must be engaged in a work-related task within the scope of their work in order to hold the government responsible. If the negligent act or omission causing injury occurs outside the scope of employment, the injury victim would only be able to sue the government employee as a private individual.

Speak with a Car Accident Lawyer in South Florida Today!

Because of the complex rules that are involved when it comes to suing a government entity, if a claims adjuster simply refuses to make any settlement offer to you because of a supposed government immunity, you will probably have to talk with a a personal injury attorney about filing a lawsuit in order to get the compensation you need. If you or someone you love were hurt in a traffic accident caused by a state employee or official or involving a state-owned car, do not delay in contacting a skilled car accident lawyer as they will be familiar with the applicable Florida law and procedures involved when suing a government entity in any capacity. Taking on the government in a personal injury case can be difficult but with the help of a skilled personal injury lawyer, you can obtain the compensation you need to recover from your injuries. Do not let the difficulty and the intimidating nature of the government stop you from getting the compensation you deserve. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.

We serve clients throughout Florida including those in the following areas:

Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.

Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.

Jaime Suarez

An experienced legal personal injury defense professional in Miami, who is dedicated to helping accident victims with personal injury cases involving automobile accidents, brain and spinal cord injuries, slip and fall accidents, prescription errors, wrongful death, and accidents at work.