If you find out that your car crash in San Jose involves a government vehicle, or one being driven by an on-duty government employee, it is important to realize that your car accident claim will look different than usual. Car accident cases against government entities in California abide by a separate set of rules.
To understand your rights and timeline to make this claim, contact our San Jose car accident lawyers for free consultation.
Immediate Actions at the Scene
If you get involved in an accident with a city bus, police officer, fire truck, ambulance or public works vehicle, try to remain calm. Take the same steps you would after being involved in any motor vehicle accident in San Jose. This includes protecting your physical health and safety, reporting the accident, and gathering information.
Ensure Safety and Seek Medical Attention
Pull your vehicle over in a safe place away from the road. Check yourself, your passengers and those in the government vehicle for injuries. Call 911 to request an ambulance, if necessary. Otherwise, go to the nearest hospital in San Jose for immediate medical care.
Report the Accident
Call 911 without delay to report the accident to the San Jose Police Department. If the crash caused injuries, deaths or at least $1,000 in property damage, the police should come to the scene to fill out a report. Otherwise, you must report the crash on your own to the Department of Motor Vehicles within 10 days.
Collect Information
Speak to the other driver to collect his or her information. Be sure to obtain the government vehicle’s license plate number, agency details, and the driver’s name and badge number if applicable.
Document the Scene
Do your best to gather evidence at the scene before you leave. This includes taking pictures and videos of both vehicles and the roadway, gathering information from eyewitnesses, searching for traffic and surveillance cameras, and writing down your police report number.
Understanding the Claims Process Against Government Entities
Claims against government entities in San Jose follow a different legal process than typical personal injury claims. This is due to the doctrine of sovereign immunity, which protects governments from liability in most cases.
To counteract this doctrine, the California Tort Claims Act was passed. This law allows individuals to sue the government in certain scenarios. However, these cases have unique laws and filing requirements.
Filing a Government Claim
California law requires injured accident victims who wish to sue the government to issue a formal notice to the appropriate government agency within just six months of the incident. This is substantially shorter than the standard statute of limitations, which is two years. The government has 45 days to respond to your claim.
If your claim is against the City of San Jose, use this form and send it to the Office of the City Clerk (200 East Santa Clara Street, Tower 14th Floor, San Jose, CA 95113). If you have grounds to file a claim against the County of Santa Clara, use this form and send it to the Office of the Clerk of the Board of Supervisors (70 West Hedding Street, 10thFloor, East Wing, San Jose, CA 95110
Seeking Legal Assistance
Pursuing compensation for a car accident involving a government vehicle in San Jose can be difficult. Dealing with insurance companies and government entities can be tricky while you are also recovering from serious injuries.
A local San Jose car accident attorney can help you with every step of the claims process. This includes filing your claim with the correct agency by the deadline, gathering evidence and information, helping you prove your case, and negotiating a fair settlement on your behalf.
Jacoby & Meyers can provide the necessary support and professional legal guidance to handle the complexities of a case against the government. Contact our San Jose lawyers at (408) 341-6883 for a free consultation.