After a collision with a City of Miami department vehicle, you have the right to file claims for damages under Florida’s waived sovereign immunity laws. However, getting compensation is not a straightforward process.
You must provide written notice to the City of Miami before you file your lawsuit and meet specific requirements for claims against municipal governments. Still, the city can be held liable for employee negligence while acting within their job duties.
A knowledgeable Miami car accident lawyer from Anidjar & Levine can help you complete the complex requirements for claims against municipal governments. We’ll protect your rights after a collision with city department vehicles.
Understanding Municipal Liability
The City of Miami can be held liable for accidents involving department vehicles when employees act negligently within the scope of their employment. Florida Statute 768.28 waives sovereign immunity for tort claims against municipalities, allowing lawsuits for negligent operation of government vehicles.
City employees must be acting within their job duties for the municipality to face liability, though most department vehicle use qualifies. If a department vehicle in Miami crashes into you, follow the usual procedure after a crash, then contact a lawyer for further guidance about seeking compensation.
Covered vehicle operations include:
- Police patrol vehicles during routine duties
- Fire department vehicles responding to emergencies
- Public works trucks performing maintenance activities
- City administrative vehicles used for official business
- Utility department vehicles servicing city infrastructure
Working with City Risk Management
Miami’s Risk Management Department typically handles accident claims and settlement negotiations for department vehicle incidents. Understanding city claim procedures helps ensure proper filing and processing of your compensation request.
Different officials have varying levels of authority to approve settlements, affecting negotiation strategies and timelines. Cities require specific documentation formats and evidence presentations that differ from private insurance claims.
A lawyer can explain your rights after a collision with a department vehicle in Miami. Then, they can navigate city bureaucracy and ensure that claims receive appropriate attention and consideration.
Notice Requirements for City Claims
Claims against the City of Miami require specific notice procedures that differ from typical car accident cases, and there is a deadline to file your notice. Since you will have to sue the city to get compensation, it’s best to work with a lawyer with experience in civil lawsuits against governments.
The notice lets the city know that you intend to file a lawsuit and will get the city to investigate what happened in preparation. Notices must include the accident date, location, description of what happened, injuries sustained, property damage, and compensation sought.
Emergency Vehicle Exceptions
Special rules apply to emergency vehicles that may limit city liability in certain accident situations. Emergency vehicles responding to calls may exceed speed limits, run red lights, and violate traffic laws when using proper signals.
However, even during emergencies, city drivers must exercise due regard for public safety and cannot drive with reckless disregard. Proving negligence against emergency vehicles requires showing they failed to exercise due regard rather than simple traffic violations.
Proving City Employee Negligence
Establishing municipal liability requires proving that city employees operated vehicles negligently while performing their job duties. You must prove duty of care, breach of that duty, causation, and damages, similar to other car accident cases.
Cities have duties to properly train employees for safe vehicle operation, and inadequate training may support negligence claims. City employees who violate department policies or procedures while driving may create liability for their employers.
Damage Caps and Limitations
Florida law imposes certain limitations on damages recoverable against municipalities that may affect compensation amounts. Claims against municipalities are subject to damage caps, currently $200,000 per person and $300,000 per incident for most cases.
Cities may waive damage caps through legislative action, and some circumstances may allow recovery above statutory limits. When accidents involve multiple victims, aggregate limits may affect individual recovery amounts.
Here are some limitation exceptions:
- Federal civil rights violations may avoid state damage caps.
- Punitive damages may be available in cases of gross negligence.
- Legislative claims bills may allow recovery of excess damages.
- Future medical expenses may receive special consideration.
Settlement vs. Litigation Options
Claims against the City of Miami may be resolved through settlement negotiations or formal litigation, depending on the case circumstances. Many city claims can be resolved through administrative processes without filing formal lawsuits.
Complicated cases or disputed liability may require formal court proceedings with discovery and trial processes. City decisions on claims may be subject to administrative appeals before judicial proceedings become available.
Learn More About Your Rights After a Crash With a Department Vehicle in Miami
At Anidjar & Levine, we have experience handling complicated claims against the City of Miami and other municipal governments involving department vehicle accidents. Our legal team understands the special requirements and procedures for pursuing compensation from government entities.
Contact us immediately after your collision with a City of Miami department vehicle for a free consultation about your rights and legal options. We’ll ensure proper notice is filed, investigate all aspects of city liability, and fight to secure maximum compensation within applicable legal limits. You pay nothing unless we recover compensation for you.
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