Accidents involving government vehicles or property—like city buses, sanitation trucks, or neglected roadways—can lead to serious injuries. But filing a claim isn’t as simple as it would be with a private driver. In Westchester County and throughout New York, special legal rules apply when the at-fault party is a government entity. If you were hurt in an accident caused by a government worker or a dangerous public road, it’s essential to act fast and understand your legal rights.
When the Government May Be Liable
You may have a case against a government agency if your accident involved:
- A government-owned vehicle, such as a city bus, police car, or maintenance truck.
- A negligent employee, like a bus driver who ran a red light or a snowplow driver who caused a crash.
- Dangerous road conditions, such as large potholes, broken traffic lights, missing guardrails, or unclear signage that the city or county failed to address in a reasonable timeframe.
In these cases, the city, town, county, or state might be held legally responsible under the rules of municipal liability.
Special Rules for Suing a Government Entity in New York
Filing a personal injury claim against a city or other government body in New York is not like filing a typical auto accident lawsuit. You must follow strict procedures. The most important is the Notice of Claim requirement.
Before you can sue, you must file a formal Notice of Claim within 90 days of the accident. This document tells the government what happened, who was involved, and what damages you’re seeking. If you miss this deadline, you may lose your right to sue altogether.
After the Notice of Claim is filed, the government has 30 days to investigate and possibly settle. Only then can a lawsuit be filed in court.
What Damages Can You Recover?
If successful, you may be able to recover:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
- Future medical costs
The process is more complicated, but the damages available are similar to those in other personal injury cases.
Why You Need a Lawyer Immediately
Government agencies have their own legal teams and insurance companies. If you’ve been injured, you’ll need someone on your side who knows how to go up against them. The deadlines are strict, and the legal process is complex. At Gash & Associates, we can handle every part of your claim, from filing the Notice of Claim to negotiating a settlement or going to court if needed.
FAQ
Can I sue if a pothole caused my accident?
Yes, but only if the government had prior notice of the pothole and failed to fix it within a reasonable time. These cases require strong evidence.
What is the timeline for filing a claim against a government agency?
You must file a Notice of Claim within 90 days of the accident. After that, you typically have one year and 90 days from the date of the accident to file a lawsuit.
Do I need different evidence for a government-related claim?
Often, yes. You may need photos, accident reports, maintenance records, and witness statements to prove government negligence. We can help collect and preserve this evidence quickly.
If you’ve been injured in a government-related auto accident in Westchester County, don’t wait. Call Gash & Associates in White Plains at (914) 328-8800 for a free consultation.