Are you aware that you can sue the government and not the truck company for a tractor-trailer accident?
Indeed, you can! Especially if the accident was caused by broken or missing signs and a poorly maintained road. The maintenance of the road, road regulations, and traffic management are among the several responsibilities of the government.
However, holding the government accountable for accidents caused by their negligence requires overcoming significant obstacles such as sovereign immunity and strict procedural requirements.
If you are a victim of such a type of accident and you intend to file a claim, then you might need a tractor-trailer accident attorney who’s experienced to help guide you on what to do.
What is Sovereign Immunity?
Sovereign immunity is a legal doctrine that protects government entities from lawsuits unless the immunity has been explicitly waived.
Although laws like the Federal Tort Claims Act (FTCA) allow for limited waivers, these exceptions are narrow and may not apply to every case.
You must be able to prove that your claim falls within the specific exceptions to immunity. Otherwise, it may add a kind of complexity to the lawsuit, and your case might end up being dismissed.
Scenarios Where a Government Entity Can Be Sued for a Tractor Trailer Accident
If any of the following situations apply to the situation at hand, then a government entity would not be protected by its sovereign immunity.
The accident was caused by poorly maintained roads
Roads don’t age like fine wine. They crack, crumble, and sometimes even cave in. And if those roads don’t get repaired, it’s only a matter of time before someone pays the price.
The duty to repair and maintain belongs to the government of either your city, county, or state. They open themselves to a lawsuit if they ignore visible hazards or fail to respond to complaints about unsafe conditions.
Sovereign immunity would not protect them if potholes, eroded shoulders, poor drainage, or uneven lanes caused your tractor-trailer accident.
Any of the vehicles were government-owned or operated
Police cars, fire trucks, postal vans, garbage trucks, utility vehicles, snowplows, and even military transports all belong to the government. Unfortunately, the drivers of these vehicles aren’t always perfect just because they work for Uncle Sam.
When a truck trailer accident happens involving any of these vehicles, you would have to deal with the agency that employs them. That means you can hold the government responsible, not just the individual behind the wheel.
The roads were improperly designed
Sometimes, the problem isn’t just the condition of the roads but the way they were designed in the first place. Cities, states, and federal agencies are responsible for making sure roads are designed to handle the traffic that uses them. That includes accounting for heavy trucks like tractor-trailers.
If they failed to anticipate truck traffic, ignored safety regulations, or overlooked obvious hazards during construction, they could be held liable for the crash.
The statute of limitations has not elapsed
The statute of limitations is the time limit you have to file a claim against the government, and let’s just say the clock starts ticking the second the accident happens. In most cases, suing a private party gives you a couple of years to get your lawsuit together.
But for suing the government, the deadlines are shorter, sometimes just a few months. And if you miss that window, your case is as good as dead, with no exceptions.
You should know that time is not your friend. If you think the government is responsible for your accident, you need to act fast. Gathering evidence, filing notices, and building your case takes time, and the sooner you start, the better your chances.
