A Colorado Springs government delivery vehicle accident attorney can tell you most people don’t know they can collect after their accident. Many of us grew up hearing that the USPS delivery person could not be held responsible if they ever crashed into you. However, this is a myth born out of only partial truth.
Any person who causes harm to another through negligence or misconduct can and should be held accountable. A government delivery vehicle is no exception to this rule. Be that as it may, with government vehicles the determination of fault is different from any other case.
Governmental entities have limited liability. There are particular laws that outline this and they change from state to state. These liability regulations are also different in regard to state versus federal vehicles. Furthermore, there is a difference in how long you have to make these claims. Of course, you hope to receive financial compensation after your collision. In order to do so, you’ll be glad to have an expert Colorado Springs government vehicle accident attorney on your side.
What Qualifies As A Government Delivery Vehicle?
You may think of a government delivery vehicle as only being a USPS truck, but there are many types. While these other kinds of government vehicles may not be carrying packages, they are delivering services. These services are what your tax dollars provide for. Naturally, you expect the operators of these public services to drive with your safety in mind, but that’s not always the case.
The many types of government delivery vehicles that can be involved in an accident include:
United States Postal Service vehicles
Police cars
Fire trucks
Ambulances (if government-owned)
Government agency vehicles
Garbage trucks or utility vehicles (if operated by the municipality)
Military vehicles
Federal, state, county, or city vehicles operated by any branch of government, such as Parks and Recreation departments or Border Patrol
Any of these government delivery vehicles can be involved in an accident. If you were hit by a mail truck, school bus, or garbage truck, don’t fret. There are options to get compensation. However, any accident involving an emergency response vehicle such as Police or Fire Department may be more complex. In these cases, it is even more invaluable to have an experienced Colorado Springs government delivery vehicle accident attorney on your side.
Immunity And The Statute Of Limitations For Government Delivery Vehicle Accidents
Government vehicles have a different set of rules applied to them when it comes to accidents. In Colorado, the Colorado Governmental Immunity Act (CGIA) defines the legal immunity of its workers. It also sets out a special amount of time that a person has to file a claim. This amount of time is known as the statute of limitations. In a standard personal injury claim in Colorado, you have three years to file. However, in the case of an accident with a government vehicle, this time is shortened to 182 days. That’s a very small window of time if you don’t have a Colorado Springs government delivery vehicle accident attorney to help you.
Certain government entities have more licenses when driving due to their need to respond to emergency situations. When emergency lights are flashing or the siren sounds, the standard of care they are expected to exercise differs. As such, the ability to determine their fault or misconduct is much more complicated than in another case. Nonetheless, causing an accident is never acceptable and the legal system accounts for this. A Colorado Springs government delivery vehicle accident attorney knows the systems in place to take care of the injured.
In order to make a claim against the government, you’ll need to file a form to waive their immunity. Once you’ve filled this out, you submit it to the Colorado Attorney General. As soon as it has been filed in writing, the damage claim has legal standing. The State Office of Risk Management (SORM) will open a claim file and investigate your case, resulting in settlement or denial.
How Much Can My Colorado Springs Government Delivery Vehicle Accident Attorney Help Me Receive?
In Colorado, damages from an accident involving a government vehicle have a limit. If a single person is injured by a government worker, the amount they can receive is capped at $150,000. If the accident affected two or more injured people, that number changes to $600,000. However, punitive damages can never be applied in a government delivery vehicle accident.
The rules regarding limited liability for government vehicles may seem unfair. However, these standards were put into place to protect taxpayers from being gouged. If there were an unlimited liability, the tax burden could be very high. Government vehicles provide necessary and often life-saving services. Sometimes we need them to be able to operate quickly and in dangerous situations. These liability laws help protect our public servants, citizens, and tax dollars.
Knowing this, we can see why the standard for personal injury is high with governmental vehicles. Nonetheless, it doesn’t mean you can’t or won’t receive compensation when you are injured by one. A Colorado Springs government delivery vehicle accident attorney will help to prove responsibility so you can receive fair compensation.
Is There a Difference In Federal vs State Claims?
Similar to the state of Colorado, the federal government has its own legislation regarding personal injury claims. These are governed by the EPA via the Federal Tort Claims Act (FTCA). In many ways, this is similar to the CGIA used by Colorado. The FTCA provides guidelines for receiving compensation when a governmental body is responsible for an accident. These specifications make more sense when they can be explained by a Colorado Springs government delivery vehicle accident attorney.
If an employee of a government agency causes injury, property loss, or death then they are responsible. The United States defines its responsibility by the conduct of its employees as though they were a private party. The vehicle operator is responsible if they would be found liable “in accordance with the law” as applied to a private party.
In order to file a federal claim a different form is necessary. Federal claims are submitted using Standard Form 95. You have two years from the date of the incident to file a claim. The government will then have six months to review it and respond. If they reject your claim, you have six months to file a suit against them. If you do not receive a response within six months, you may also sue. A Colorado Springs government delivery vehicle accident attorney will help you navigate this lawsuit with speed and skill.
Contact Us Today For A Free Consultation
Our Colorado Springs government delivery vehicle accident attorneys are here for you if you’ve been in an accident. Our team is dedicated to helping our clients through the specific laws of El Paso County and Colorado. With expertise and compassion, we are here for you from start to finish. Trying to receive your fair compensation from the government is extra stress on top of your accident. Contact a Colorado Springs government delivery vehicle accident attorney today to see how we can help. Your initial consultation is free so don’t delay any longer.
