Immunity of Government Agencies from Lawsuits is not Absolute

Immunity of Government Agencies from Lawsuits is not Absolute

There are times when a car crashes due to reasons that are purely unexpected and, thus, totally out of man’s control, such as a natural calamity or a sudden-medical-emergency, like a heart attack or a syncopal episode, a condition wherein a person experiences a sudden drop in blood pressure, causing him/her to pass out.

Since natural disasters or sudden-medical-emergencies cannot be foreseen or prevented, courts usually do not hold a driver accountable for whatever accident that may result; thus, courts can dismiss resulting civil lawsuits that may be filed by an injured victim. Those injured can, instead, recover damages from their respective insurance providers, regardless of the cause of the accident or who was at-fault in such accident.

The case is totally different, though, if an accident was a result of an act of negligence. An act of negligence, which is a major contributory factor to road accidents, can be committed by a driver, a car manufacturer or by state, municipality or city officials, who are entrusted with the construction, repair and maintenance of roads, highways and bridges. Driver-controlled errors, according to the National Highway Traffic Safety Association (NHTSA), include drunk-driving, speeding, distracted driving, and reckless driving, among others. Errors by car manufacturers can include production of defectively designed cars or use of defectively manufactured car parts (the only problem with this is defects are only usually discovered after these have already caused an accident).

While drivers and manufacturers can easily be held accountable for accidents resulting from their negligence, holding a government agency liable, due to road defects or poorly constructed or maintained roads, can be very challenging due to the so-called “government immunity” or “sovereign immunity,” which renders government agencies immune from any form of liability, despite injuries during an accident.

According to Champaign car accident attorneys of Spiros Law, P.C., “when city and state governments fail to ensure that roads are free of hazards, they put the safety of drivers and passengers at risk. Uneven pavement, lack of signs, and negligent construction are among the many ways that a negligent municipality can jeopardize the well-being of anyone who uses the road.

There are numerous types of road defect that can make highway driving dangerous. In addition, failure to post signs and safety notices can put drivers’ lives at risk. Regardless of what type of defect led to your injuries, you can take legal action against the city or construction company to defend your rights.”

Immunity of government agencies from lawsuits is not absolute. If it can be proven that there is gross negligence in maintaining a roadway then holding a government agency liable and claiming compensation from it are not impossible, especially if an accident victim is represented by a determined and experienced car accident attorney.