Car accidents aren’t always the driver’s fault. Potholes, malfunctioning traffic lights, and poor signage all contribute to a significant number of accidents in the streets of New York City. When these accidents occur, many victims are left wondering, can the city be held responsible for the accident? Taking legal action against government entities is a bit different from your typical car accident claim. Understanding the difference and what steps you need to take is the key to walking away with the settlement you deserve, and Gabriel Law is here to help. In this post, we’ll step into the shoes of a New York City auto accident attorney and explore how the city may be held liable to compensate you for your losses.
Can You Sue NYC for Damages in a Car Accident Case?
Generally, the concept of sovereign immunity protects local and state government entities from lawsuits with respect to their official duties and conduct. However, in New York, this protection has been waived for certain kinds of tort claims. To answer this question, yes, you can sue NYC for damages in a car accident case.
What is the process of filing an action against the government in New York?
Although you can file action against government agencies in New York, the process is a bit different. First, you must first notify the government agency of your intent to sue. This is done by filing a Notice of Claims. In the Notice of Claims, you inform the government agency that you have been involved in an accident and include details such as your name and address, your attorney’s name and address, the nature of the claim, the time and place the claim arose, and the damages you have sustained.
Once a Notice of Claims has been filed, the government agency will have 30 days to request a preliminary hearing, which will allow it to begin an investigation. Following the investigation, the government agency may offer a settlement and settle the matter out of court. However, if you cannot come to a settlement, you can file a lawsuit against them.
What are deadlines in claims against the government?
In New York, actions against government agencies are subject to strict deadlines. First, the Notice of Claims must be filed 90 days from the date of the accident. If the Notice of Claims is not filed, a person cannot initiate action against the government.
If you choose to file a lawsuit, remember that the lawsuit is subject to the statute of limitations. In cases against the government, the statute of limitations is one year and ninety days from the date of the accident. Failing to file your lawsuit before the deadline will result in you losing the ability to claim compensation, regardless of the merits of your case.
What Steps Should You Take After an Accident?
Don’t forget that you have the burden to prove your case. In the immediate aftermath of the accident, follow these steps to protect your health and your right to claim compensation from the government.
- Contact 911 and inform law enforcement about the accident.
- If injured, receive immediate medical attention, no matter the extent of the injuries.
- Gather evidence and document the scene of the accident.
- Contact your car accident lawyer in NYC to understand your rights and liabilities.
Conclusion
In most cases, car accident claims revolve around accidents involving two or more drivers. However, there are times when the negligence and inaction of government agencies can cause car accidents. In New York, victims can hold government agencies accountable for damages by following a special process.
As a personal injury law firm in NYC, Gabriel Law has decades of experience handling all sorts of car accident claims, including claims against government agencies. Our team will listen to your story, gather the evidence, make the submissions on time, and do everything in our power to help you hold the government accountable. If you’re ready to get started, get in touch with us and schedule your free consultation.
