Any car accident injury case can be challenging. But when your accident involves an Oklahoma City government vehicle, your case can be much more complicated.
The government agency that owns the vehicle may be liable for damages if its employee acted negligently within the scope of their employment.
However, different sets of laws come into play when any government entity is involved in a personal injury claim.
You must consult with an experienced Oklahoma City car accident attorney to understand your rights, determine the deadline to file your claim, and help you navigate the legal complexities of this type of case.
What Type of Vehicles Are Owned by the Oklahoma City Government?
Local and state government entities own or lease various vehicles to carry out their duties. Some types of vehicles owned by government entities include:
- Police cars, trucks, motorcycles, and boats
- Ambulances
- Fire trucks
- Dump trucks
- Maintenance trucks
- Correctional facility vehicles
- All-terrain vehicles
- Service utility trucks
Any vehicle that is owned or leased by a government entity is considered a government vehicle.
Can I Sue an Oklahoma City Government Entity?
Government entities and employees are protected from lawsuits in many cases. However, under the Oklahoma Governmental Tort Claims Act (OGTCA), a government entity may be sued and found liable for certain actions.
This statute provides the right to sue the Oklahoma City government if you have a car accident involving one of their vehicles.
How Do I File a Claim Against an Oklahoma City Government Entity?
The deadline to file a claim against a government agency is shorter than for typical personal injury actions. You must file a written notice of intent to sue within one year for claims against the Oklahoma City government.
Pursuant to the OGTA, your notice must be filed with the clerk of the governing body and must include:
- Your name, address, and phone number
- The date, time, and place of the accident or incident
- The identity of the government entity involved
- The amount of compensation you are seeking
- Settlement agent contact information
Once you file this written notice of intent within one year of the date of accident, the municipality has 90 days to review your claim. If they deny your claim they will provide written notice to you. If they do not take any action within 90 days, the claim is considered to be constructively denied.
If the government denies your claim (actually or constructively), you have 180 days from the date of denial to file a lawsuit.
You need an experienced Oklahoma City truck accident lawyer to help ensure that all requirements of the OGTA are followed, your rights are protected, and to help you recover the maximum compensation you are entitled to.
What Compensation Can I Recover After a Car Accident With an Oklahoma City Government Vehicle?
You can recover the same types of damages in a personal injury lawsuit against Oklahoma City as you can in most other injury cases.
You can recover economic damages such as your medical expenses, lost wages, and property damages. You can also recover non-economic damages such as pain and suffering, mental and emotional distress, and loss of enjoyment of life.
However, the big difference with a suit against OKC is the amount of compensation you are allowed to recover.
The OGTCA caps damages recoverable against a political subdivision typically at $125,000 per person and $1 million for any claim arising from a single occurrence. However, for political subdivisions with populations above 300,000, such as Oklahoma City, the cap is set at $175,000 per person and $1,000,000 for all claims arising from a single occurrence.
These caps will not apply if a government entity has obtained private insurance coverage that is in excess of the caps set under OGTCA.
You need an experienced car accident personal injury attorney to help you discover any such additional sources of compensation you may be entitled to.
Contact Warhawk Legal Today
If you have been injured in a car accident with an Oklahoma City government vehicle, you may be entitled to recover compensation.
However, claims against government entities follow different rules and can be much more complex than other personal injury cases. You need an experienced Oklahoma City personal injury attorney with experience handling cases against the State and its political subdivisions.
Warhawk Legal has over twenty years of experience handling all types of personal injury claims and recovering maximum compensation for their clients. We want to do the same for you.
Call (405) 397-1717 or complete the short form on our contact page to schedule a free consultation to discuss your case.