Every car accident involves unique factors. Sometimes, they may have an impact on whether you are entitled to compensation for your personal injuries or how you need to go about pursuing your claim. One common example is being involved in an accident with a government entity or a municipal agent like a police officer or firefighter. Because the government is involved in the claim, there may be special rules that you have to follow or unique procedures that govern how you go about bringing your lawsuit. A car accident is already an incredibly stressful situation. Having to do research and figure out the right way to assert your claim can make the situation even more intimidating. Working with a Raleigh car accident lawyer is one way to help take the stress and guesswork out of pursuing compensation. Contact Maurer Law now to learn more.
Recently, a fire truck in Johnson County flipped over while responding to a call, according to a local news report. The vehicle overturned once or twice according to law enforcement officials who responded to the accident. Two firefighters in the truck had to be taken to the hospital and treated for injuries. Another vehicle was involved in the crash. The passenger and driver were taken to a nearby hospital to be treated for their injuries.
If you are hurt in a crash involving a government entity like the fire department, then you may need to bring your claim under the North Carolina Tort Claims Act (NCTCA). According to the law, the state can be sued in certain situations where its employees, state officers, or agents act negligently and cause damages. This means that the state has essentially waived some of the immunity that it may have from being sued for negligence. This can vary in different states. Some jurisdictions do not accept liability for their state employee’s negligent actions, for example.
According to Section 143-291(a) of the NCTCA, if an employee or agent who is acting within the scope of their duties at the time of the accident causes harm because they were negligent, the state can be held liable. To use the recent firetruck accident as an example, because the firefighters were responding to a call, they were acting within the course and scope of their job duties.
Had the firefighters been off duty and driving their personal vehicles, the fire department and county would probably not be liable for the damages that result. The injured driver could, however, bring a personal injury claim against the firefighters in their individual capacity through a regular civil court claim.
If you are not sure who owes you compensation or whether a government entity should be named as a party in your lawsuit, contact Maurer Law now. Our Raleigh car accident lawyers can review your case, provide a free evaluation, and help you make sure that you hold every potentially liable party responsible. There is no cost for the evaluation and there is no obligation to continue, so you have nothing to lose. Dial 1-888-258-1087 or contact us online to get started.