Getting into a car collision creates a lot of problems, but when the other vehicle is a government vehicle, your problems are multiplied. Handling the aftermath of a car crash between two private drivers is fairly straightforward; handling the aftermath of crash with a government vehicle may not be. Thanks to Florida’s legal concept of sovereign immunity, government agencies are protected from certain lawsuits. However, the Florida Tort Claim Act (FTCA) provides some exceptions from sovereign immunity in Florida, but only if specific conditions are met.
If you were in a crash with a government vehicle, you may still be able to seek damages for your losses. However, this can be tricky; you don’t want to tackle it alone. Our Florida car accident lawyer can help you understand your rights under the FTCA and advocate for your interests, including seeking damages after the crash. Contact Lytal, Reiter, Smith, Ivey, and Fronrath for a free consultation.
What is sovereign immunity in Florida?
Sovereign immunity is a legal doctrine that protects a government entity from being sued without consent; you can’t sue a Florida government agency unless specific requirements are met. Car accident victims have limited options for filing a suit against the other driver involved if the driver was a government employee driving a government vehicle at the time. However, if the government driver was negligent, and their negligence caused the accident, you may have more options under the FTCA.
Under the Florida Tort Claims Act, government agencies waive sovereign immunity in cases of negligence. If a government employee causes an accident while acting as an agent of the government entity, then the victim (plaintiff) may file a suit for compensatory damages against them. There are caps on the damages you may receive, so it may be in your best interest to work with a car accident attorney familiar with filing claims under the FTCA to ensure you receive the maximum amount available for your claim. However, for your suit to succeed, you must first prove liability on the defendant’s part. You must also establish that the government employee acted within the scope of their employment when the accident happened.
What happens if Florida’s sovereign immunity does not apply?
Sovereign immunity doesn’t always apply in car accident claims. If a government employee wasn’t driving the vehicle in the scope of their job assignment, or if they were off duty and driving their personal vehicle, then it’s unlikely that holding the government liable will succeed (but not impossible). In these cases, the accident is typically handled just as it would be between two private drivers.
How can an attorney help me file a claim against the government in Florida?
The Federal Tort Claims Act (FTCA) allows individuals to file claims against federal agencies for certain torts committed by their employees. To pursue a claim, you must first submit an administrative claim to the appropriate federal agency within two years of the incident. The agency then has six months to respond. If your claim is denied or not satisfactorily addressed, you have six months from the agency’s decision to file a lawsuit in federal court.
It’s important to note that the FTCA includes exceptions to the government’s waiver of sovereign immunity, such as the discretionary function exception, which precludes suits based on government actions involving judgment or choice.
Additionally, the FTCA does not allow for punitive damages, and claims are typically decided by a federal judge rather than a jury.
Given the complexities and specific procedural requirements of FTCA claims, it is advisable to consult with an attorney experienced in federal tort cases to navigate the process effectively.
Hurt in a car accident with a government employee? We can help!
If you’ve been involved in a crash with a government vehicle, you have options for compensation under the Florida Tort Claims Law, but these cases are trickier than simply filing a claim against a private driver. There are certain steps to follow to ensure your claim is successful, and the attorneys at Lytal, Reiter, Smith, Ivey & Fronrath are ready to help. Contact us today at (561) 655-1990 for a free consultation with a Florida car accident lawyer.
