Personal injury claims against government entities are in general not allowed such as in car accidents caused by highway defects. According to the website of Spiros Law, P.C. in Danville, highway defects are particular dangerous because of the speed at which vehicles travel. This is true even if the responsible individual would have been liable if they have not been acting on behalf of the government. This is what is known as sovereign immunity, which applies to both federal and state government entities, agencies and employees whose actions or inaction were within the scope of their work.

For example, a police car may cause physical injury or property damage or both to innocent parties during a high-speed car chase. The injured parties would not be able to sue the police because the damage was caused while they were acting in their capacity as law enforcers. The best that the injured parties can do is to make a claim with their own insurance companies.

This sovereign immunity was put in place primarily to protect the general public from footing the bill for any liability claims. When a private individual successfully makes a claim against the government, the compensation will come from the state or federal coffers, which is actually money of the taxpayers.

However, there are always exceptions to the rule. It is possible for an injured party to file a lawsuit against the government if a waiver of the sovereign immunity is executed. In essence, the government may choose to allow a liability claim to be filed under specific circumstances. The federal government can do this under the Federal Tort Claims Act, and most states have similar legislation, but the liability is quite limited and requires the plaintiff to go through a strict set of procedures to establish evidence which will then determine the extent of the government’s liability, if any.

There are myriad complex issues that come up when the government is involved in a personal injury lawsuit. It would require the expertise and knowledge of a lawyer experienced in handling such cases to set it up, let alone bring it to a successful conclusion.

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