Can I Sue the City for a Car Accident?
What happens if a city employee in New York hits you with their car while they’re on the job? If this has happened to you, you’re likely wondering, “Can you sue the city for a car accident?” It’s possible to sue the City of New York or another government agency for a car accident, but these cases involve special rules and tight deadlines.
What Is Sovereign Immunity?
One major hurdle in lawsuits against government agencies is the legal principle of sovereign immunity. This rule states that you cannot sue governments unless they consent to it. The idea comes from the belief that the law should shield public funds and resources from constant litigation so the government can function without interruption.
However, New York and other states have passed laws that waive this immunity in certain situations, such as accidents resulting from negligence. Even with these exceptions, suing a city or other government agency comes with strict rules. You must follow specific filing deadlines, provide a detailed notice of your claim ahead of time, and meet additional legal requirements that don’t apply in standard personal injury cases.
So, can you sue the city for a car accident? Yes, but missing any of these steps will cause the courts to dismiss your personal injury claim before it starts.
When Can You Sue the City for a Car Accident?
You must meet specific requirements to sue the City of New York or another government agency for a car accident. First, the accident must have involved a government-owned vehicle or an employee performing their official duties. You must also show that the employee or agency acted carelessly and that their actions directly caused the crash and your injuries.
Some situations where the city or a government employee could be held responsible for a car accident include:
- Accidents resulting from the careless operation of garbage trucks, police cars, fire trucks, or other municipal vehicles.
- Car crashes resulting from road hazards like potholes, broken pavement, or debris that the city failed to repair within a reasonable timeframe.
- Collisions due to non-functioning or improperly maintained traffic lights or signs.
- Accidents involving government employees driving city vehicles without adequate training or while violating traffic laws.
- Crashes linked to poorly marked or unsafe city-run work zones that create dangerous conditions for drivers.
How to Sue the City for a Car Accident
If you want to know how to sue the city for a car accident, the process begins with submitting a formal notice of your claim. This document alerts the city of your intent to seek compensation and includes key details like when and where the accident occurred, how it happened, and the losses you suffered. You must make sure the notice is accurate and thorough, as any mistakes can hurt your case.
After you submit your notice, the city will schedule a hearing. This proceeding is similar to a deposition and involves answering questions under oath about the accident and your injuries. You might also need to provide documents to support your claim, such as medical records and repair bills. The goal of the hearing is to help the city decide whether to settle or fight your claim.
If the city does not settle, the next step is to file a formal complaint in court. The complaint officially starts the lawsuit and lays out the legal basis for holding the city responsible for your injuries. From there, both sides exchange evidence and may attempt settlement negotiations. If you and the city can’t reach an agreement, the case goes to trial. A judge or jury will decide whether the city is liable and, if so, how much compensation you will receive.
Statute of Limitations When Suing the City
There are some unusual deadlines to remember when filing a lawsuit against the City of New York or another government entity. First, you must submit a Notice of Claim to whoever you intend to sue within 90 days of the accident. This notice must include information like when and where the accident happened, why the agency or one of its employees is liable for your injuries, the compensation you’re seeking, and so on.
Once you submit your notice, the agency has 30 days to review it and respond. If they accept your claim, you’ll proceed to settlement negotiations. Unfortunately, it’s more likely that the agency will reject your claim.
If that happens, you must file a personal injury lawsuit within one year and 90 days of the original accident. Note that this deadline applies from the auto accident date, not when you submitted your notice or the agency rejected your claim. Missing this deadline usually means the courts will reject your lawsuit, regardless of its merits. Contacting a New York City car accident lawyer is the best step you can take to preserve your right to compensation, as your attorney can handle the legal paperwork while you heal.
Compensation Available When Suing the City of New York
Suing the City of New York is hard enough, but people with strong claims often settle for low amounts because they don’t know how to assess the full value of their losses properly. You can demand financial compensation for your current medical expenses, expected medical costs, lost wages, reduced future earnings, and the cost to repair or replace your damaged property (such as your car). Vehicle repair estimates, pay stubs, hospital bills, and other evidence can help you accurately estimate these losses.
You can also pursue compensation for your personal losses the accident caused, such as emotional distress and pain and suffering. These non-economic damages are harder to prove, but you can make a strong case using evidence like expert testimony, photos of your injuries, and accounts from your friends and family.
Call Our Car Accident Attorneys in Queens, NY for Help
At The Tadchiev Law Firm P.C., we limit the number of cases our legal team takes to give your claim our full attention. We have decades of combined legal experience and understand the unique rules in cases involving government entities. Call now or complete our contact form for a free consultation with our car accident attorneys to explore your legal options.
About the Author
Simon Landsberg
Simon B. Landsberg is an associate attorney at The Tadchiev Law Firm, P.C. He focuses his practice exclusively on representing individuals and families who have been injured in motor vehicle accidents and due to other forms of negligence.