In addition, all levels of government in Georgia have the power to claim sovereign immunity in certain instances when citizens file legal claims against the state, but auto accidents are an area of the law where a government agency is typically held liable.
The window of time for filing an injury claim against a government agency, however, is often smaller than traditional car accident claims. The exact deadline depends on the particular agency that is responsible for paying damages in the event the state is determined liable.
An attorney who has handled government vehicle cases before will understand how to identify the proper agency and file within the set filing period.
Sovereign immunity can apply in a car accident involving a government vehicle. An example would be an accident injury claim from a fleeing driver who has been signaled by law enforcement officials to pull over. Fault for an accident is crucial in Georgia, and running from the police is assuredly a primary element of an injury claim.
Standard liability only applies when there are minimal extenuating circumstances and the comparative negligence percentage of the injured claimant driver is less than 50 percent.
Any injured driver in a Georgia accident who has a comparative negligence percentage greater than 49 percent is barred from being financially compensated for their own injuries.
Ultimately, this means that a 2-car equal shared fault accident would leave the drivers without a legal recourse, whether a government vehicle is involved or not.
Additionally, the threshold for proving fault against a government vehicle operator can be more restrictive, and material case evidence will be vital to being compensated at any level.
All drivers who have a comparative negligence percentage assignment will still have their compensation reduced by their personal fault percentage. This is usually why government vehicle accident cases typically go to trial. In a full trial, the jury decides the comparative fault percentage. In a bench trial, it is assigned by a judge presiding over the case.
Different agencies have different filing periods in terms of time, which is why it is always important to contact an attorney as soon as possible following your accident with a government vehicle. Evidence can fade fast, and fault will be the focus of the adjudication.
Contact the legal professionals at Westmoreland, Patterson, Moseley & Hinson in Macon, Albany and Warner Robins, GA for comprehensive and aggressive legal counsel. You only have one opportunity for financial recovery. It’s vital you make that opportunity count.
Once again, Westmoreland Law has been recognized by its peers as part of an elite group of approximately 10 percent of all attorneys who hold an AV Preeminent Rating. An AV Preeminent Rating is a designation trusted worldwide by buyers and referrers of legal services.
