In order to be compensated following a car accident, you must first determine which individual or entity is at fault. With a car accident, the person who caused the accident is usually liable for the injuries that result. However, there can others who are equally or partially responsible, as well. In some cases, the liable party may be a governmental entity. However, filing a lawsuit against a governmental entity will typically involve issues of immunity. Our Rogers car accident lawyers are here to help you navigate those issues.
Who can you typically sue for a car accident?
In most car accident cases, figuring out who may be responsible for the injuries you sustained is not always straightforward. According to our Rogers car accident lawyers, there are few common defendants that should be considered, including the driver of the other car; the owner of the car, if that person is different from the driver; the person or company that leased the car from the car owner; the company that manufactured the car, its tires, or other equipment that might have caused the accident, or even made it more severe. Nevertheless, seeking the advice of Rogers car accident lawyers who are experienced in car accident cases, is the best decision to make.
Determining liability can be difficult
Establishing the liability of another driver in a Rogers car accident case is not always as straightforward as it may seem. For one thing, determining what happened in the moments leading up to the accident can be difficult if not impossible. There may not have been reliable eye-witnesses to testify about what happened, or there may not be sufficient evidence to establish what occurred. Even if it is simple to prove who was at fault, proving legal responsibility can still be tricky. This is especially true if a governmental entity is involved because they generally have immunity in personal injury cases, except under very limited circumstances.
What does Government Immunity mean?
The general rule is that governmental entities and their employees enjoy immunity from personal injury lawsuit. “Immunity” means that a lawsuit cannot be brought against the government for those types of claims. So, if your car accident involved a government employee you will likely face certain legal complications that Rogers car accident lawyers are experienced in handling.
Exceptions to the general rule of governmental immunity
As with most things, there are a few exceptions to the general rule of governmental immunity, usually based on the actions of the government employee involved. For instance, if the government employee was not acting within the scope of their employment at the time the car accident occurred, then immunity may not be applicable. Likewise, if a government employee’s actions are found to be intentional or particularly reckless, then immunity typically will not apply. Determining whether immunity is available to a government entity in a particular case is depends on the specific circumstances of the each accident. Our Rogers car accident lawyers can help you make this determination in your case.
Car accident claim against Arkansas Game and Fish Commissioner
According to a local news report, a car accident involving a Game and Fish Commissioner resulted in death. The car accident occurred in April near Caney Creek on Highway 165. Based on reports, the Commissioner and the other driver were heading in opposite directions. One of the vehicles crossed over the center median, resulting in a head-on collision. The Commissioner only suffered minor injuries, but the other driver was killed in the accident. The Game and Fish Commissioner is an employee of the State of Arkansas.
Conflicting evidence of liability
According to the Commissioner, the deceased victim was the one who inexplicably crossed over the center median causing the head-on collision. He also alleged that she was texting while driving. Yet, the victim’s cell phone did not have any record of texting or talking on the phone at the time of the accident. The Commissioner also reportedly left the scene of the accident before the police could arrive. He claimed that the paramedic said he could drive himself to the hospital. The case is still under investigation.
The process for filing a claim against the government is more complicated
In certain circumstances, a town, city, county or state government can be held responsible for injuries, just as a private individual or business can. The difference is, there are stricter procedures and deadlines that apply to cases where the government is involved. If the required steps are not followed, your claim may be dismissed. Be sure to seek the advice of one of our Rogers car accident lawyers.
If you have questions regarding car accidents or any other personal injury issues in Arkansas or Missouri, please contact the Cottrell Law Office for a free consultation, either online or by calling toll-free at (888) 433-4861.
He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
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