Navigating Truck Accidents Involving Government Vehicles

Local, state, and federal government agencies have certain immunities from lawsuits that they use to complicate legal claims over truck accidents involving government vehicles. It is crucial to understand additional requirements and deadlines put in place by governmental bodies if you have been injured in a collision involving a government truck or employee.

The truck accident attorneys of Craig, Kelley & Faultless LLC in Indiana can help you with a claim affected by the Indiana Tort Claims Act (ITCA), which protects local and state governments from being sued in many situations. We specialize in large truck accidents and have an investigative team dedicated to truck accident cases. Our team has handled numerous large truck accident claims, representing deserving clients throughout Indiana. Contact us today for a free, no obligation review of your accident and legal options.

What Are Government-Owned Vehicles?

You likely encounter government-owned vehicles every day that you would not give a second thought to until one caused a crash, including:

• Emergency response vehicles, such as fire engines, police cars, and ambulances
• Government semi-trucks and tractor-trailers
• Indiana Department of Transportation (INDOT) vehicles
• Municipal buses, such as IndyGo in Indianapolis
• School buses
• Municipal snowplows
• Garbage and recycling trucks
• U.S. mail trucks

Why the Indiana Tort Claims Act Protects the Government

Traditionally, government entities are immune from liability for accidents because of the doctrine of “sovereign immunity.” This common law concept says a government cannot be sued without its consent. But modern views of governmental accountability have forced the federal government, as well as state and local governments, to allow certain claims.

In 1974, the Indiana Legislature enacted what is now the Tort Claims Against Governmental Entities and Public Employees Act to limit government immunity and liability. The act protects the state government from lawsuits for several reasons, including:

• Temporary road conditions caused by the weather
• The condition of an unpaved road
• The design of a highway, toll road project, tollway, or “project” (roads, bridges, tunnels, ramps, interchanges, rest stops, etc.) if the injury occurs 20 years or more after it was designed or substantially redesigned

Filing a Claim Against the Government

Under Indiana’s Tort Claims Against Governmental Entities and Public Employees Act (ITCA), to file a claim against Indiana’s state government, you must submit a Notice of Tort Claim Form within 270 days of the injury. It requires copies of the accident report, vehicle registration, receipts for vehicle repair or two estimates, medical records, photographs of the accident, and other information.

If you file your claim correctly, the Office of the Attorney General (AG) will notify you in writing within 90 days if your claim has been accepted. If you don’t hear from the AG, your claim has been denied. It is a fairly simple form, but the form itself recommends contacting an attorney if you have any questions.

If you have a claim against a municipal or county government in Indiana, you have 180 days to file a claim. In each case, the first step is to notify the governmental entity of a pending claim. However, the specific procedures differ from city to city and county to county. Unless the evidence supporting your claim is overwhelming, the agency will likely deny it. At that point, you must file a lawsuit to move forward.

A claim against the U.S. government would be filed with the relevant federal agency according to the Federal Tort Claims Act (FTCA). It must show you were injured due to a government employee’s negligence committed within the scope of their employment. The claim would first be reviewed by the agency, which might agree to a settlement. Otherwise, you could file a lawsuit.

Get Legal Help From an Experienced Indianapolis Truck Accident Attorney Near You

The Indiana truck accident attorneys at Craig, Kelley & Faultless LLC can help with a claim against the local, state, or federal government. Our team has the experience and skills to secure the evidence and prepare a solid claim on your behalf. We are aggressive litigators ready to pursue full compensation for you. Contact us online or by telephone at (800) 746-0226 today for a free consultation about your accident claim.