Ohio law allows victims hit by a government vehicle to pursue compensation, but special rules and restrictions may apply in these cases. It may be necessary to file a claim against a government entity if you were hurt in a crash with a vehicle owned by a city, county, or state agency.
If you are considering filing a claim against a government entity, you may want to work with a Columbus car accident lawyer who is familiar with these cases, including the claims process and limitations that apply.
When Is the Government Liable for Car Accidents in Ohio?
Ohio law allows some victims to hold government agencies responsible when their employees cause injuries. These situations could include when a driver causes a crash while working in a government vehicle, such as a garbage truck, police car, utility vehicle, or city bus.
Several legal doctrines apply in these cases. First, there is the concept of sovereign immunity, which historically protected governments from lawsuits. However, Ohio has the Political Subdivision Tort Liability Act that waives that immunity under certain circumstances, including when a government employee acts carelessly or recklessly behind the wheel.
Another applicable legal doctrine is respondeat superior. This doctrine holds employers accountable for their workers’ actions when they cause harm while on the job. If a government employee is working when a crash occurs, their employer is likely liable.
Can You File a Claim Against a City or Government Agency to Recover Compensation?
You may have a valid claim for compensation against a city, county, or state agency when:
- The at-fault driver who caused your crash is a government employee
- The at-fault driver was behind the wheel of a government vehicle
- They were acting within the scope of their employment at the time of the crash
- Their negligence caused the accident
Crucial in these cases is that the driver must have been acting in their official capacity, referred to as “the scope of their employment.” A claim against the government can be more difficult to win if the employee was running personal errands in a government-issued vehicle or using the vehicle for unauthorized purposes.
Ohio Law Places Limits on Lawsuits Against Government Entities
Even when you qualify to pursue a claim against a government agency, different rules often apply. It may be more difficult to recover full compensation, or you may need to meet tight deadlines. Some things to consider include:
There Are Damage Caps
Under Ohio Revised Code Section 2744.05, there are limitations on how much a victim can recover from a political subdivision like a city or county. These caps generally apply to non-economic damages like pain and suffering but do not apply to economic damages, including medical bills or lost income.
Special Rules Apply
There are also additional rules for how to proceed with these claims set by Ohio Revised Code Section § 2744. This includes identifying the correct entity, navigating court-approved procedures, and providing compelling evidence of fault and liability.
What Compensation Can I Recover From the City?
If you have a successful claim against the city based on a crash caused by a government worker, you may be able to secure a payout that covers:
- Past and future medical bills for related injuries
- Lost income
- Loss of earning capacity
- Pain and suffering up to the statutory cap
Your attorney can explain how the damage caps in these cases could affect your payout. The total amount you can recover could be affected, although you should still have access to a payout that covers your medical care and future care needs.
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You May Want to Work With a Lawyer Familiar With This Process
Government accident cases are more complex than a typical car crash claim, and they also require you to act quickly to develop the case and notify the potentially liable party. You could have an attorney on your side managing this while you continue treatment and healing. When you work with a lawyer who handles government liability cases in Ohio, they may:
- Investigate the crash and identify the liable government entity
- Determine whether the employee was acting within the scope of their duties
- File timely notices and meet strict procedural requirements
- Challenge any claim of immunity raised by the government
- Negotiate a fair settlement or pursue litigation in the proper court
Any collision case can be difficult to navigate when you are recovering from injuries and trying to understand the process necessary to file a claim. This is only more difficult in these cases since they require special knowledge and procedures.
What to Do After a Crash With a Government Vehicle
If you were hurt in a crash with a city-owned vehicle, you should:
- Call law enforcement and get a police report to officially document the crash
- Seek medical care immediately
- Take photos of the scene and vehicle when possible
- Get the name and employer of the driver and any identifying numbers on their vehicle
- Contact a personal injury lawyer quickly to discuss your options
If your loved one died in this type of crash, a fatal car accident lawyer can help you navigate the process and pursue fair compensation.
Talk to Our Team to Learn More Today
If you or a loved one has been injured by a city or government vehicle, you want to talk to a lawyer who handles these cases as soon as possible.
At The Fitch Law Firm LLC, we offer free consultations. We can examine your case and explain your options. We have tens of millions of dollars for our clients since 1980. Contact us today.
