Personal injury lawsuits are one of the most common ways to financially recover after being injured in an accident due to another person’s negligence. Although the requirements of a negligence lawsuit may seem clear-cut at first glance, they are anything but. This is especially the case when a government or government agency is alleged to be responsible for the accident.
Unfortunately, the government is a powerful entity, and suing them entails significant hurdles. New Mexico, like many other states, is controlled by the Tort Claims Act. This Act was enacted to protect the government from being sued for its own negligent acts. However, as much as the government needs to be protected, individuals’ rights and remedies are also a legitimate concern for the government. Therefore, even though the government has certain protections, there are several situations when the immunity is waived or does not apply, and an individual is permitted to bring a claim against the government.
However, even when an exception may apply, bringing a suit against the government still entails additional procedural hurdles. For example, the government may assert that the employee who committed the tortuous act was an independent contractor. In those situations, the government can avoid liability and demand that the suit be dismissed.
Snow Plow Causes Fatal Injury After Slamming into Pedestrian
Following a snow storm in Boston, Massachusetts, a snow plow was involved in a tragic accident that claimed one person’s life. According to a local news report, the Boston police superintendent released information that made clear that the investigation was still ongoing, although no charges were immediately filed. Evidently, the snow plow driver somehow slammed into a pedestrian that was crossing the street as the plow was attempting to clear snow from the road.
Police officers questioned the plow driver, who was cooperative with authorities. The police department is enlisting the help of an accident reconstruction team. This reconstruction team will work to determine how the accident actually occurred. They will work with witnesses and experts to determine important pieces of evidence, such as how fast the plow truck was driving, what his view of the street was, and where exactly the pedestrian was when he was struck by the plow.
The current reports do not indicate who employed the snow plow driver, but most likely, even if he was a private plow driver, he was hired by the city.
Have You Been Injured Due to the Negligence of a City Employee in New Mexico?
Serious injuries deserve serious results, even if the government is the tortious actor. Suing anyone after an injury can be a long and arduous process, but when a governmental entity is involved the complexity is only increased. An attorney at the Fine Law Firm can assist you in working through the system and pursuing the compensation you deserve. If you were injured in a car or truck accident with a city, state, or county employee, you should contact an attorney at the Fine Law Firm today at 800-640-6590 to schedule your free initial consultation.
More Blog Posts:
Officials Believe Truck Driver Was “Sexting” Immediately Before Causing Deadly Crash, New Mexico Personal Injury Lawyer Blog, January 7, 2016.
Federal Laws Concerning Trucking Accidents and Liability, New Mexico Personal Injury Lawyer Blog, January 20, 2016.