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初中生
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基本上就是认倒霉的节奏了。
Governmental Immunity and Car Accidents
One of the more common exceptions to government immunity (where the government may be liable for its actions) is vehicle liability, when government employees are involved in auto accidents. These typically include emergency vehicles, such as police car pursuits, fire trucks rushing to a fire, or ambulances rushing through intersections to get to the hospital. Non-emergency accidents are also possible, like being rear-ended by the public school bus or side-swiped by a city public works landscape truck.
Government immunity laws in accident cases differ from state to state. The threshold for proving driver responsibility and fault is significantly higher when you’re suing the government (such as proving gross negligence) than what is required in a typical accident case involving a private individual. Cases involving emergency vehicles are even more complicated. The rules are typically different when a real emergency is involved. In real emergencies, the government is given great latitude to respond. But the level of latitude can also differ depending on whether or not the emergency vehicle had its sirens and lights on in a way that allows the emergency crew to respond while preserving the public’s safety.
If you collided with a mail truck and the mail carrier was at fault, you would sue the U.S. government under the Federal Torts Claims Act because the carrier is a federal employee.
Filing a Vehicle Accident Claim Against the Government
If you are seeking compensation from the government for damages caused by one of its employees, you will likely need to file an administrative claim with the government entity (city, county, state or federal) first. Most government entities give very little time in which to do this, usually between 30-180 days. Don’t miss this deadline or you may lose your right to recover for your damages. Some government units have a claims form that you can fill out and return to the clerk’s office of the government agency responsible for your accident. You may have to plug in a dollar amount on the claim form to settle your claim. If you must give a settlement figure, be sure to carefully calculate all the damages you may be entitled to recover as you may be limited to that amount in any future lawsuit. You will be sent a letter if your administrative claim is denied. You can, however, still sue the government in a court of law. The letter will tell you how much time you have to file a lawsuit.
Lawsuits against the government are complicated and involve all sorts of technical procedures that must be followed and deadlines that must be met. If you are considering suing the government, the most prudent thing to do is to first consult with an experienced car accident attorney.
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