After any accident, an injured motorist and any passengers are entitled to file a personal injury lawsuit against the party they believe to be at fault for causing the accident. In many cases involving private citizens named as defendants, the process is a fairly straightforward one, requiring only that the motorcyclist prove that the defendant’s negligence caused their injuries. However, when the at-fault party is a government employee or contractor, there may be issues of immunity that must be overcome.
As a general rule, government agencies and their employees are entitled to immunity from personal injury lawsuits arising out of any actions related to the performance of a government function. While this seems like an extremely broad grant of immunity, the reality is that there are many exceptions to the general rule. For example, if a government employee is acting recklessly or is in violation of the law at the time of the accident, immunity will not likely attach.
Even if government immunity is not likely given the circumstances of the accident, it is advisable that anyone injured by a government employee contact a dedicated personal injury attorney prior to filing a case. For example, plaintiffs filing lawsuits against government agencies and their employees generally must comply with additional procedural requirements or risk that their case is prematurely dismissed.
Postal Delivery Person Causes Fatal Motorcycle Accident in Virginia
Earlier this month in Augusta County, one man was killed in a motorcycle accident involving a postal delivery truck. According to a local news source covering the tragic accident, the collision occurred just outside Staunton, on the Parkersburg Turnpike, at around four in the afternoon.
Evidently, the driver of the postal vehicle was driving westbound on the Turnpike when he attempted to make a U-turn. As the driver attempted the turn, he struck an eastbound motorcyclist. The motorcyclist was taken to the hospital by emergency responders, but he succumbed to his injuries a short time later. The postal delivery driver was not hurt in the accident.
The police investigation team began its investigation into the fatal truck accident and has cited the postal delivery driver for failure to yield the right of way to the motorcyclist. The accident remains under investigation.
Have You Been Injured in a Maryland Truck Accident?
If you or a loved one has recently been injured in a Maryland car or truck accident involving a government employee or agency, you may be entitled to monetary compensation. However, if the case involves a government defendant, additional actions must be taken. The skilled personal injury and wrongful death attorneys at the Maryland, Virginia, and Washington, D.C. law firm of Lebowitz & Mzhen Personal Injury Lawyers have decades of experience helping victims seek the compensation they deserve through zealous and diligent representation. Call 410-654-3600 today to set up a free consultation to discuss your case with an accident attorney today. Calling is free, and you will not be charged for our services unless we can help you recover for your injuries.
More Blog Posts:
Mass Transit Accidents in the Maryland and Washington, D.C. Areas, Maryland Trucking Accident Lawyer Blog, published January 18, 2017.
Court Reversed Default Judgment Against Allegedly Negligent Truck Driver, Maryland Trucking Accident Lawyer Blog, published February 3, 2017.