Truck Accidents Involving Government Vehicles
In many truck accident cases, you can obtain compensation through a private driver's insurance company. You may also have a claim against others, such as a trucking company that employed the driver. Generally, you have two years to file your lawsuit against a private driver or company. However, in a truck accident involving a county or state government truck, you will need to provide an ante litem notice to the appropriate agency within 12 months under O.C.G.A. section 36–11–1. Minors or people laboring under disabilities are permitted 12 months after a disability is removed to present their claims.
In an even shorter timeline, a claim against a local city or municipality in Georgia must be commenced through an ante litem notice sent to the appropriate local government agency within six months of your accident or injury under O.C.G.A. section 36–33–5. On top of meeting the requisite time limit for serving an appropriate ante litem notice, you must also meet the two-year statute of limitations.
see how we've made a difference
If you are hesitating to call us for help, take a look at our recent case results.
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$110,000 $110k for Car Accident Client With Back and Neck Pain
For Car Accident Client With Back and Neck Pain
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$850,000 $850k Settlement for Woman Involved in T-Bone Collision With Resulting Neck Injuries
Settlement for Woman Involved in T-Bone Collision With Resulting Neck Injuries
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$360,000 $360k for Man Injured in a Motorcycle Accident
Man Injured in a Motorcycle Accident
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$1,320,000 $1.32 Million for Man Involved in T-Bone Collision
Man Involved in T-Bone Collision
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$350,000 $350k for Knee Injury Caused by Tractor Trailer
Knee Injury Caused by Tractor Trailer
Sovereign Immunity
Your ability to bring a claim against a government agency will be limited under the doctrine of sovereign immunity to claims for which the government has waived its immunity. Moreover, government officials are protected by qualified or official immunity.
To determine whether you can sue the government for injuries sustained in a truck accident, your attorney must figure out whether that government entity has waived immunity for truck accidents. We will also need to determine whether the governmental employee who caused the truck accident is immune from being sued. To determine if a governmental employee is immunized from suit, we will need to figure out whether their actions were discretionary or ministerial. A public officer is protected from suit when acting in their official capacity unless the officer negligently performs a ministerial duty or acts with actual malice or intent to cause injuries while performing a discretionary duty.
The federal government is also protected by the doctrine of sovereign immunity unless it has specifically waived its immunity from suit.
Retain a Knowledgeable Atlanta Attorney
If you were injured in a truck accident involving a government vehicle, you should discuss what happened with the seasoned personal injury lawyers at Van Sant Law. We represent victims of truck accidents involving government vehicles throughout Georgia, and we have offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, and Gainesville.
We can sign you up electronically without face-to-face interaction when needed, but we can also visit you in your home. Call us at (800) 234-9556 or complete our online form.
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Proven Record of Results
Van Sant Law has recovered millions in compensation for our clients’ benefit.
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Years of Experience
Van Sant Law is committed to professional and experienced personal injury representation.
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Awards and Accolades
10.0 “Superb” rating on Avvo™, Super Lawyers Rising Stars, National Trial Lawyers Association Top 40 Under 40
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Strategic and Aggressive
Our legal team includes former defense attorneys for large insurers who know how they settle injury claims.
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Personal and Compassionate
Our firm works hard to ensure that your needs are taken care of during your recovery time. We work for you so you can get your life back.
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No Fee Guarantee
Our firm works on a contingency fee basis. Meaning there are no fees or costs unless we recover compensation for you!
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"Van Sant is the place to go."
R. Shannon Carpenter is the guy to call! Because of him I got a far larger compensation than I ever expect and the whole process was stress free for me!
- Chase V. -
"They were diligent, timely, and very informative during the whole process."
Van Sant Law worked on my personal injury case, and they have gone above and beyond in representing me as a client. They gave multiple updates throughout the course of the case. I would highly recommend Van Sant to friends and family, and I would choose them as my personal injury attorney if I were to have a personal injury claim. Thank you, Van Sant Law!
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"My results have been positive & I would highly recommend Van Sant Law to family & friends."
I had a head on collusion that left me with a totaled car & very bad injuries. From the first time I spoke to David Van Sant to the end I have been totally satisfied. I worked with Patricia she was very compassionate yet professional she was always ready to answer any concerns that I might have. I am grateful that my daughter found this law firm for me.
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"I truly felt they were in my corner and had my best interest at heart."
Van Sant Law was just the right people to call after my car accident. They were referred to me by a friend. They were helpful and understanding of my needs and pains. From start to finish they were helpful in explaining the process with the doctors and insurance. Thank you for getting me back on feet.
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"From the first phone call to getting my settlement check the customer service was great."
They checked in throughout my care and gave updates as well, the process was truly a breeze! I cant thank you guys enough!
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"Van Sant Law was the right support to call after my car accident with my daughter."They were referred to me by a close friend of mine. Extremely professional, and asked the language I feel comfortable to discuss my case in. Alex Rusanov was my case manager and explained every aspect of my case during the process. I would highly recommend to use this law firm if you were injured in a car accident. Drive safe and stay alert!- Angela
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"We were thrilled with the support from Van Sant."
The team really helped us as we navigated the claims process after our oldest child had his car totaled by a drunk driver! They were incredibly professional and helped us through every step of the process! Would absolutely recommend their services! Thank you!
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I would like to thank everyone in Van Sant Law for answering any questions that I have in a timely manner. I can personally say, Everyone in deserves recognition for being honest, hard working, ethical, logical, dedicated people. The only reason I rated them 5 stars is because it would not let me go higher!
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Our firm is dedicated and committed to providing you with the best legal services possible, from your education on the issues to fighting for positive results for your case. Through a free, initial consultation, we will make sure you understand the best way to approach your case, and we’ll review any relevant documents that you provide us with to make sure we have a full, detailed picture of your situation.
Liability
To establish liability for a truck accident, you will need to prove negligence by a preponderance of the evidence. Generally, negligence occurs when someone's conduct falls below the standard of care that a reasonable person would have met under the same or similar circumstances. Drivers may breach this duty by failing to obey regulations, failing to obey traffic signs and signals, speeding, tailgating, or texting while driving.
Damages
If we follow the appropriate procedures applicable to lawsuits against the government, we may be able to recover compensatory damages, up to certain limits. These are damages intended to put you back in the position in which you would have been had reasonable care been used. The law imposes limits on damages that can be recovered from the government in a personal injury lawsuit. Under O.C.G.A. section 36–92–2, a Georgia local government’s sovereign immunity is waived up to $500,000 because of the bodily injury or death of one person, or an aggregate amount of $700,000 for the bodily injury or death of two or more people in an accident.
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