What if the Bicycle Accident Involved a Government Vehicle or Employee?

Most employers assume responsibility for their employees’ actions on the clock. The government is no exception, providing coverage to someone injured in an accident caused by a government employee. Being injured in a bicycle accident involving a government vehicle will require you to take legal action to recover compensation for your injuries.

Government employees are not exempt from the damages they cause to others in an accident. However, who you file a claim with and how long you have to initiate action vary from other personal injury claims involving private individuals. Let a California personal injury lawyer at Triumph Law responsively evaluate your damages to ensure the appropriate deadlines and course of action are taken when you are injured in a bicycle accident by a government vehicle or employee.

Determine the Responsible Government Agency

Multiple government agencies operate throughout California, providing various services. Being injured in a bicycle accident in California involving a government vehicle will require you to identify what agency is responsible for your injuries. These agencies may be affiliated with the following governments:

• Federal
• State
• County
• City

If your injuries result from a bicycle accident involving a state of California vehicle or employee, the first action to take is to file an administrative claim. The appropriate state government agency will have 45 days to evaluate your claim. During this time, they will determine if they hold responsibility for the damages and may work to settle your claim.

The Statute of Limitations Differ for Actions Against Government Agencies

While the statute of limitations for personal injury claims with private entities or individuals is two years, a different standard applies to the time limits allowing bicyclists or other injury victims to take action against a government agency. If the government agency replies to a claim within 45 days, an injured bicycle victim in California is given six months to file a lawsuit. If no reply is provided within the 45-day allotted time, an injured bicyclist will have a two-year timeframe to take legal action.

Contact an experienced bicycle accident lawyer in California who will ensure all the extensive procedural requirements are met to file a lawsuit against a California government agency. The short time frame to take action can pose exceptional challenges to individuals who may not be physically capable of acting due to the extent of their injuries. Failing to act promptly may lead to losing essential compensation for your injuries.

Additionally, direct legal action against a government employee can rarely be taken. Any harm or injury caused by a government employee in a fleet or government-owned vehicle becomes the liability of the employing government agency. An injured bicyclist is also ineligible to seek punitive damages from a government state.

Actions to Take in a Bicycle Accident Involving a Government Vehicle or Employee

Medical care is always a priority in a personal injury. The attending law enforcement report will assist in collecting the information you need. However, if your injuries permit, take these steps to simplify the legal process:

• Obtain the name and personal contact information of the government employee
• Document the government agency they work for, the department they work in, and its location
• Get a contact number for their supervisor or the administrative officer responsible for employee actions, insurance, etc.
• Take photos of the government vehicle and its license plates
• Document any other evidence that will help determine negligence

Government agencies vary in complexity and size, making locating the appropriate contacts without having this specific information challenging. Working with a California bicycle accident lawyer will allow efficient use of your time when it is limited to take action. Triumph Law is recognized for its ability to collect essential evidence in a California personal injury case to thoroughly document an accident to help injured victims collect the compensation that may be available, even in complex cases involving government agencies.

Government Employee Responsibility in a California Bicycle Accident

It is critical to consider the exceptions to the rules in any legal action in California. The inability to take legal action against a government employee may not always apply, and the ability to take action against a government agency may have limitations. A California bicycle accident attorney will determine which laws apply.

• A government employee may be liable for a bicycle accident involving a government vehicle if its use during the accident was unauthorized.
• A government agency is not responsible for a bicycle accident caused by its employees during off-duty hours.
• While government immunity does protect government agencies from liability for various omissions or actions, a bicycle accident lawyer in California will fight for the results you deserve to ensure a negligent government agency fairly compensates you.

Triumph Law has secured successful results for multiple individuals against various government agencies and their contractors for negligence causing harm to clients. A firm grasp of the rules applying to government agencies and their employees allows us to use the law in your favor effectively. Never assume you have no options in a bicycle accident involving a government vehicle.

Damages in a Bicycle Accident Involving a Government Vehicle or Employee

As mentioned, an individual injured in a bicycle accident by a government vehicle cannot seek punitive damages against a government agency to punish them for their actions. However, compensatory damages may be sought. Damages you may be eligible for include:

• All medical expenses
• Medication costs
• Property damage
• Loss of income and bonuses
• Travel expenses for medical care
• Pain and suffering
• Loss of enjoyment of life

Other damages may apply to each specific case. A comprehensive evaluation to determine future medical costs is essential because of the limited time to take legal action. Failing to account for ongoing medical care can result in losing vital compensation.

Speak with a California Bicycle Accident Lawyer

Bicycle accidents involving a government vehicle or its employee are complex, requiring an injury victim to determine what agency to hold accountable for the damages they experience. A significantly reduced time to take action makes taking action as soon as possible critical to recovering compensation. Triumph Law offers free case evaluations to allow us to address your needs and immediately take action to preserve your rights to legal action.