Can Government be Held Responsible for Causing My Accident?
It may not just be another driver who caused your accident. Government entities are responsible for designing, building, and maintaining public roads. If they act negligently and contribute to your accident, they can be held accountable for the harm they cause. However, the process for receiving compensation is different than if private parties are involved, and recovery is limited.
How Would a Government Cause a Vehicle Accident?
A stretch of road or highway may not drain well due to its design, its poor construction, or storm drains aren’t cleared often enough. The area may also be poorly lit, so it may be difficult to see how dangerous it is in low light.
The water ponds, which may be enough to cause you to lose traction, even when using decent tires and driving the speed limit. If it is cold enough, the water may freeze to ice, worsening traction. The presence of water and ice developing, melting, and re-freezing breaks up the pavement, causing frost heaves and potholes.
If the government doesn’t improve drainage to prevent more of these issues, it may be unable to cope with the constant water damage. Frost heaves and potholes grow deeper and wider, adding physical obstacles that may make it difficult or impossible to control a vehicle (or a motorcycle or bicycle) going over them. Drivers may try to steer clear of them and collide with someone else.
Governments set the stage for vehicle accidents all the time. Employees may not be doing the right thing, departments can be poorly managed, and budgets aren’t big enough to address all the needs. Come election time, complaints about high taxes and government spending get more attention than the costs of vehicle damage and injuries caused by poor roads.
If the road isn’t the accident cause, but a government employee driving negligently while on the job is, compensation may also be available.
What’s the Process to Seek Compensation from State and Local Governments?
Claims against the Kentucky state government are covered by section 231 of the Kentucky Constitution. It waives Kentucky’s “sovereign immunity” defense (government can’t be sued), though state statute and local rules create limitations.
Kentucky Revised Statutes Chapter 49 covers claims against Kentucky, which are handled by the Kentucky Board of Claims. They are not a court and have their own process, though their decisions can be appealed through the state court system.
- A hearing officer will investigate the case and make a recommendation to the Board, which decides the outcome
- Claims against the state must be filed within a year of the injury, or it won’t be considered
- Compensation is limited to $250,000 per claim, and damages for mental distress, pain, and suffering aren’t allowed
- If multiple people are affected by a single negligent act, the total compensation for all of them is limited to $400,000
Depending on the situation, this may be a fraction of the money that could be awarded if a private party is the defendant. In addition, the Board may reduce your award if you’ve received, or have a right to receive, payments due to your injury from the following:
- Workers’ compensation insurance
- Social Security programs
- Other federal, state, or private programs that can supplement your income or cover your expenses or damages
For claims against county, city, and local governments, each has its processes for handling claims.
Speak To a Louisville Car Accident Attorney Near You
We are your boots on the ground if you or a family member have been injured or killed in a serious Kentucky car accident. Call Satterley & Kelley PLLC to speak with a skilled personal injury attorney today. To get started, call our Louisville office at 855-385-9532 or complete our contact form.