What Happens When a Large Construction Vehicle Causes a Collision?

After a recent accident in Charleston’s East End, one person has been injured while more than 1,500 residents were without power. In this incident, the vehicle involved in the crash belonged to a city-contracted construction project.

These accidents examine the question of liability and the process for compensating injury victims when a public or city-owned vehicle is involved. While many victims assume their claims will follow a standard path like those involving privately owned vehicles, these public vehicle accidents have additional legal challenges and restrictions.

Let’s see what happens when publicly owned vehicles cause accidents and how victims can obtain compensation.

A Closer Look at the Charleston Crash

On October 3, a major traffic accident occurred in Charleston’s East End near Ruffner Avenue and Quarrier Street. This incident involved a large city-contracted construction vehicle, with one individual injured. The crash also caused a major power outage, leaving more than 1,500 residents in the dark, according to WCSH.

According to reports, the construction vehicle struck a power pole. Emergency services were dispatched to the scene, transporting the injured individual to a local hospital for treatment. While the severity of the injury remains unclear at this time, authorities have confirmed that no fatalities were reported.

There was also a temporary shutdown of nearby roads as crews worked to restore power and clear the scene. Local authorities are still investigating the cause of the crash, including whether the driver of the construction vehicle was at fault and whether any mechanical issues may have contributed to the incident.

Accidents like this raise important questions about liability, especially when large, publicly owned vehicles are involved. Construction equipment, city buses, waste disposal trucks, and other heavy machinery have special legal considerations due to their ownership.  In these cases, there is more to the legal process than filing a lawsuit and waiting for compensation.

Government Immunity in Public Vehicle Accidents

These incidents center around the concept of government immunity. In many states, these entities are protected from lawsuits under the doctrine of sovereign immunity. That can shield governments from being sued without their consent. Unfortunately, this legal principle can make it more difficult for victims to pursue compensation when injured by a government-owned vehicle.

However, many states have implemented laws that waive governmental immunity under specific conditions. For example, West Virginia accident victims can file a claim under the West Virginia Governmental Tort Claims and Insurance Reform Act against a governmental entity. With that, an individual can pursue a legal claim if the government or an employee was negligent in some way. However, there are also specific limitations and procedural requirements for these claims.

Under this law, there are a few restrictions in place, such as:

• Damage caps: There are limitations on the amount of recoverable compensation, even if the government entity or its employee is found liable for the accident. In West Virginia, non-economic damages have a cap.
• Notice requirements: Also, victims need to take additional steps, such as filing an intent to file a claim after the accident. Failure to meet this deadline can result in losing the right to sue.
• Employee immunity: Unless the government employee acted recklessly, maliciously, or outside the scope of their duties, they are usually immune from any personal injury lawsuit.

Compensation for Injuries and Property Damage

Publicly owned vehicles are often insured by government-backed insurance policies or self-insured programs. That means claims are often handled through the government rather than private insurance companies. Unfortunately, this can affect the speed and ease of receiving compensation. The claims may be put under more scrutiny and face longer waiting times than when a private insurer handles the claim.

Also, there may be damage caps in place that limit the total amount a victim can recover. These caps vary depending on the jurisdiction and the type of claim being filed. For example, West Virginia imposes certain limits on claims against government entities. While economic damages are not capped, there is a limit to non-economic ones. Currently, that cap is at $500,000.

Getting Legal Help After a Public Vehicle Accident

Accidents involving publicly owned vehicles, such as the recent crash in Charleston’s East End, can be challenging as accident victims fight to seek restitution for their injuries and losses. While government immunity can complicate the process, there are ways for victims to recover damages for their injuries. However, they must meet certain legal requirements and deadlines.

Any victims involved in these types of accidents will want to seek legal representation from a knowledgeable truck injury lawyer. A law firm experienced in cases involving government vehicles will know the specific legal requirements and restrictions that apply in these cases. In turn, they can help victims throughout the often-confusing claims process.

In Charleston, residents can turn to Hendrickson & Long, PLLC, for assistance with truck accidents, including those involving government-owned vehicles. Our legal team understands how government liability can affect your case. We are ready to help victims pursue the compensation they deserve, even in cases where government immunity may be a legal barrier to your claim.