When someone has been injured in a car accident with a city bus, the resultant car accident claim can be more complicated since it involves a government agency. Claims against the government are handled differently when compared to the typical accident. This is why it’s usually in an injured person’s best interest to secure legal counsel in Colorado with an auto accident lawyer in Denver, especially if there was serious physical harm suffered.
Filing a Car Accident Claim against the Government after a Car Accident with a Bus
The government is many times protected from being sued by what is known as sovereign immunity. However, in certain circumstances that immunity is waived either completely or partially.
One of the exceptions to immunity is when someone has been injured by a public employee operating a motor vehicle (such as a car accident with a bus), during the course of employment. So when a bus driver collides with a car, it could result in compensation in a car accident claim against the government.
Notice must be given within 180 days of discovering the injury, even if the injured party does not know of all of the elements of the claim. Failure to file this notice in the required timeframe can result in being barred from ever recovering compensation.
The notice should include the claimant’s information – e.g. name and address – as well as that of his or her Colorado auto accident lawyer in Denver. The notice should also include information regarding the accident – when, where, how it happened – and the name of the employee involved in the car accident with the bus, i.e. the bus driver.
Further, when filing the notice, claimants must also include a statement of the types and extent of injuries as well as the amount of damages requested in the car accident claim. A Colorado auto accident lawyer in Denver can help compile this information and estimate claim value included in the notice.
Further action may not be taken until the government has denied the claim or 90 days have passed after filing the notice, whichever comes first.
Damages in a Car Accident Claim against the Government
The types of damages that may be recoverable will depend upon the severity and extent of injuries, along with limitations placed on tort claims. The most common type of damages that are recoverable in an injury claim are the medical and/or hospital costs. In addition, if the injured person missed time from work, those earnings could be included.
The maximum amount that can be recovered in any single occurrence where a person has been injured is $150,000, and $600,000 if two or more have been injured, though no claimant may recover more than $150,000.
However, there may be exceptions where that amount is increased or decreased. The general assembly or state claims board may be involved in allowing a judgment against the state to exceed the maximum limit outlined above.
Getting Help from a Colorado Auto Accident Lawyer in Denver
Personal injury claims can be complicated regardless of the circumstances. When an accident involves a government entity, they can be even more complex. D.J. Banovitz can assist with a car accident claim stemming from a car accident with a bus. Call 303-300-5060