Government Liability

If the offending party in an accident is a government employee, as well as if the offending party is driving in a government vehicle, it is generally misbelieved that the injured can sue the government to recover losses. In actual fact, it is often hard for injured parties in either situation to take action against the government. This is known as the concept of government tort immunity, a policy which often times works in the government's favor by freeing them of liability. In order for the injured to sue, they would need to sue the government. However, in order for this to happen, the government's immunity must be waived, which will only happen under certain conditions. According to the Federal Torts Claims Act (FTCA), those injured by a government vehicle, employee, or by dangerous roads can sue provided certain conditions.

Fast Facts

  • A common cause of government liability in the United States is with emergency vehicles that may cause accidents on streets and highways
  • Suing the government when it is liable for an accident is not impossible, only harder

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