A car accident causes enough stress when a private driver rams into you. The situation becomes more complicated when a city, county or state vehicle causes the crash. This post explores how the legal protections afforded to these government entities affect your ability to seek compensation.
How sovereign immunity affects your accident claim
Sovereign immunity is a legal doctrine that shields government entities from most lawsuits. The concept has deep historical roots and rests on the idea that citizens cannot sue the state without its consent.
Missouri law waives this protection in two situations. First, when a public employee negligently drives a vehicle within the course of their employment and causes injury. Second, when a hazard on government property directly harms someone and officials knew or should have known about it in time to fix it.
These exceptions grant you the legal right to pursue a claim if a government employee’s vehicle struck you during their work duties. However, you must establish that the driver acted negligently when the collision occurred and was operating within the scope of their employment.
How the shortened deadlines could cause issues
Filing a claim against a private driver in Missouri generally comes with a five-year deadline. However, when the liable party is a government entity, particularly a city or municipality, that timeline shrinks significantly.
State law requires you to submit written notice to the mayor or city clerk within 90 days of your accident when suing a municipal government. Missing this deadline can lead to dismissal of your claim, regardless of the strength of your evidence.
Each public agency has its own procedural rules. So, you will need to identify the responsible agency promptly to meet the correct deadlines and protect your right to compensation.
How damage caps may limit what you recover
Even when you successfully pursue a claim against a government entity, Missouri law limits how much compensation you can receive. State statutes cap compensatory damages against public entities and adjust that maximum each year to account for inflation.
These limits apply to the total amount awarded for your losses. Missouri law also bars punitive or exemplary damages in claims against government entities. If a jury awards an amount that exceeds the legal cap or includes prohibited damages, the court will reduce the award to comply with state law.