Tampa Bay, Florida Automobile
Accidents Involving the Federal Government
They're not always easy to recognize,
but many federal vehicles are on Tampa Bay area roads.
From military trucks to mail carriers to FBI, ATF, and
DEA cars, vehicles owned and operated by the federal government
are everywhere.
Like any other vehicle, federal vehicles
get into automobile accidents. But what happens when an
accident with a federal vehicle causes injuries, and the
government employee is at fault?
Filing a personal injury lawsuit against
the federal government is not easy, but it's not impossible,
either. Because the government is protected from lawsuits
to a certain degree, Tampa Bay area residents who have
been injured in an accident with a federal vehicle should
seek the advice of a Tampa automobile
accidents lawyer quickly. Otherwise, you may miss
the statute of limitations. Depending on the case, you
could have as little as 30 days to submit your injury
claim to the government.
Car accident claims with federal vehicles
are governed through the Federal Tort Claims Act (FTCA)
of 1946. An FTCA claim is quite different than filing
a typical auto accident lawsuit. One clear difference
is that an FTCA case is heard in federal court by a judge.
This is called a bench trial. In contrast, other personal
injury cases in Florida would typically be heard in a
state district court before a judge and a jury.
Another unique feature of getting into
an automobile accident with a federal vehicle is the nature
and scope of a federal employee's job. For example, an
FBI agent may find it necessary to drive at high speeds
to catch up with a suspect. If that FBI agent were to
hit your car during the pursuit and you were injured,
you may have to prove the agent was grossly negligent
before you are awarded compensation for your injuries.
If a federal judge decides the agent was not grossly negligent
but simply doing his job, you may be the one responsible
for your medical bills, lost wages, and personal property
loss, even if you were not at fault in the accident at
all.
In addition to a different courtroom
and a higher standard of negligence, FTCA cases may also
require you to request a specific dollar amount upfront
for your injuries and other losses. This can be tricky.
Once you declare a settlement figure, you may be permanently
limited to that amount in court, even if you find out
later that your medical care will cost more than expected.
You and your attorney need to calculate a settlement amount
that takes everything into consideration, including your
future medical care and lost wages.
If you or a loved one have been injured
in an accident with a federal vehicle, please consult
with Tampa automobile accidents lawyer Dale Appell, P.A.
Our law firm has experience in these types of cases and
we will ensure all technical procedures, filing deadlines,
and settlement questions are resolved in your federal
case.
|