Car accidents involving the Oklahoma City government can present unique legal challenges compared to accidents with privately owned vehicles. Government vehicles that may be involved in car accidents include police cars, fire trucks, ambulances, and other vehicles government employees use. When a government vehicle is involved in an accident, the government agency owning the car can be held liable for damages, including property damage and injuries, if the government employee was negligent and acting within the scope of their employment. However, the employee might be personally liable if a government employee causes an accident due to negligence while off duty.
Immediate Steps After an Accident with a Government Vehicle
- Safety First: Ensure your safety and that of anyone else involved. If injuries are present, call 911 immediately. You will want to call 911 to have a police officer investigate the accident.
- Document the Scene: If you can, take photos of the accident scene, vehicles, damage, and any visible injuries. Get the names and contact information of the government employee(s) involved and any witnesses.
- Seek Medical Attention: Even if you initially feel fine, get a medical evaluation. Some injuries don’t manifest right away.
- Contact Your Insurance: Notify your insurance company even if you’re not at fault. They may have processes to follow in such situations.
Sovereign Immunity and the Oklahoma Governmental Tort Claims Act
Sovereign immunity is a legal doctrine that protects government entities and employees from lawsuits. However, the Oklahoma Governmental Tort Claims Act (OGTCA) (51 O.S. § 151 et seq.) sets forth specific conditions under which a government entity may be liable for tortious acts, including vehicle accidents involving government vehicles.
The OGTCA provides exceptions to sovereign immunity. For example, the state or a political subdivision may not be liable if a loss or claim results from the operation of any prison, jail, or correctional facility, or injuries resulting from the parole or escape of a prisoner or injuries by a prisoner to any other prisoner. However, this immunity does not apply to claims from individuals not in custody based on accidents involving motor vehicles owned or operated by the Department of Corrections (51 O.S. § 155).
The purpose of the Oklahoma Governmental Tort Claims Act is to balance the need to protect government entities from frivolous lawsuits while providing a means for individuals to seek compensation when the negligent actions of government employees have harmed them. Although sovereign immunity can make pursuing a claim against a government entity more challenging, it is not an absolute bar to recovery. The OGTCA outlines the circumstances under which immunity is waived, allowing specific claims to proceed.
Filing a Claim Against a Government Entity in Oklahoma City
To file a claim against a government entity in Oklahoma, you must follow the notice requirements outlined in the OGTCA (51 O.S. § 156). The notice must include the date, time, place, and circumstances of the incident, the identity of the government entity involved, the amount of compensation sought, and the claimant’s name, address, and phone number.
The OGTCA also establishes time limits for filing a claim (51 O.S. § 157). Generally, a claim must be presented within one year of the date of loss. If the claim is denied, you must file a lawsuit 180 days from the denial date. Failing to meet these deadlines can result in losing your right to pursue compensation.
The Office of the Oklahoma Attorney General plays a role in handling claims against state agencies. After a claim is filed, the Attorney General’s office will investigate the claim and determine whether to approve or deny it. If the claim is denied, the claimant may file a lawsuit against the government entity.
Navigating the Legal Process
- Understand Sovereign Immunity: The government has “sovereign immunity,” which can shield it from lawsuits. However, exceptions exist, like when a government employee is negligent and acting within the scope of their job.
- Consult an Attorney: An experienced personal injury attorney specializing in these cases is essential. They can assess whether your situation qualifies to sue the government and navigate the complex legal process.
- Filing a Claim: Oklahoma’s Governmental Tort Claims Act outlines the specific rules for filing against the government. You have a shorter timeframe (one year) to submit a written notice of intent to sue than a typical personal injury case.
- Gathering Evidence: Your attorney will help you gather evidence, including police reports, witness statements, medical records, photos/videos, and any other documentation supporting your case.
Damages and Liability in Government Vehicle Accidents
The OGTCA places caps on the damages recoverable in claims against government entities (51 O.S. § 154). The liability limit for claims against the state is $175,000 per person and $1,000,000 for any number of claims arising out of a single occurrence. The liability limit for claims against political subdivisions is $125,000 per person and $1,000,000 for any claims arising from a single occurrence.
When determining liability in accidents caused by government employees, Oklahoma courts have held that the standard of care owed by the operator of an emergency vehicle is found in the provisions of Title 47 of the Oklahoma Statutes concerning emergency vehicles (Pritchard v. City of Okla. City, 1998 OK 10, 954 P.2d 1183). The driver of an emergency vehicle must drive with due regard for the safety of all persons, and these provisions do not protect the driver from the consequences of reckless disregard for the safety of others.
The scope of employment is another crucial factor in determining liability. The Oklahoma Supreme Court has clarified that the OGTCA does not provide blanket immunity for all law enforcement actions and that negligent performance of a law enforcement function is not shielded from liability under the OGTCA (State ex rel. Dept. of Public Safety v. Gurich, 2010 OK 56, 238 P.3d 1).
Navigating the Claims Process with an Experienced Attorney
Pursuing a car accident claim against a government entity in Oklahoma can be complex and challenging. Government entities have unique defenses and procedural requirements that make it difficult for individuals to navigate the claims process independently. Additionally, the strict time limits and notice requirements under the OGTCA can create obstacles for those unfamiliar with the law.
This is where an experienced Oklahoma City car accident attorney can make a significant difference. An attorney can help you understand your rights, evaluate your case, and pursue the appropriate claims for damages and injuries. They can also guide you through the unique requirements of the Oklahoma Governmental Tort Claims Act, ensuring that your claim is filed correctly and within the required time limits.
If you or a loved one has been involved in a car accident with a government vehicle in Oklahoma City, contact Hasbrook & Hasbrook at 405-605-2426 for more information or to discuss your case. Our experienced attorneys can help reduce stress, provide peace of mind, maximize compensation, and efficiently navigate legal processes. Together, we can create safer communities through legal accountability.
Additional Legal Considerations and Case Analysis
Governmental Immunity generally protects the state or a political subdivision from liability for loss resulting from the performance or failure to perform an act at the state’s or its employees’ discretion. However, there are exceptions to this immunity.
Oklahoma law allows for specific claims against the state or its officers or employees for loss from a defect or dangerous condition on any road, street, or highway, subject to specific limitations (51 O.S. § 155(15)). However, the state is not liable for defects or dangerous conditions on a road or highway before it became part of the state highway system or the state’s maintenance responsibility.
Vehicles owned or leased by the state government or any agency or political subdivision are exempt from the insurance verification requirements at registration (47 O.S. § 7-602). Additionally, the provisions of Section 7-310, which generally require proof of financial responsibility for vehicle owners, do not apply to vehicles owned or leased to the United States, the state of Oklahoma, or any political subdivision of the state (47 O.S. § 7-310).
If a government vehicle is insured, any person suffering damages from the claimed negligent acts of government departments or their employees arising from the operation of the insured vehicles is authorized to maintain an action to collect damages against the insurer (51 O.S. § 158). The insurer cannot plead governmental immunity as a defense in such actions.
An insurance company obtaining a title to a vehicle on which it has paid a loss and which was currently registered at the time of loss is not required to pay any registration fees, sales taxes, or excise taxes upon submission of a police report or insurance adjuster’s report (47 O.S. § 1127).
Military personnel may furnish a vehicle insurance policy or bond from an out-of-state insurance company indicating compliance with the liability insurance requirements of the Oklahoma Vehicle License and Registration Act (47 O.S. § 7-324).