If you get into a car accident caused by a government vehicle in Illinois, you may be able to file a Chicago car accident claim for compensation just as you would against a private driver. However, the process is far from identical. Government entities are protected by a legal doctrine known as sovereign immunity, which places strict limitations on when and how they can be sued. These rules involve shorter deadlines, mandatory notice requirements and, in some cases, caps on the damages you can receive.
With these added layers of complexity in mind, learning about the process early on is as critical as ever. Read on to learn how these cases work and why acting quickly matters more than it does in a typical personal injury case.
Sovereign Immunity and What It Means for Your Claim
Sovereign immunity is a longstanding legal principle that prevents the government from being sued without its consent. Illinois has waived that immunity in certain situations through laws like the Court of Claims Act and the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10). These laws allow injury claims to move forward, but only for those who follow the rules precisely.
Which law applies to your case depends on which branch of government was involved:
- State vehicles (such as Illinois State Police cruisers or IDOT trucks) fall under the Court of Claims Act, and claims must be filed in the Illinois Court of Claims
- Local government vehicles (such as city police cars, CTA buses, fire trucks, or county sanitation vehicles) fall under the Tort Immunity Act, and claims are filed in the appropriate county circuit court
- Federal vehicles (such as USPS mail trucks or military vehicles) are governed by the Federal Tort Claims Act, and claims must be filed with the specific federal agency involved
Getting the right defendant and the right filing path established early is a necessary step in the process. A qualified personal injury attorney can help determine which law controls your case.
Critical Deadlines You Cannot Afford To Miss
The biggest difference between a government vehicle claim and a standard personal injury case is the timeline. In most Illinois personal injury cases, you have two years from the date of the accident to file a lawsuit. Government tort claims cut that window significantly.
For claims against the State of Illinois, you must file a written notice of claim with both the Attorney General and the Clerk of the Court of Claims within one year of the accident. For claims against local government entities, the Tort Immunity Act also imposes a one-year deadline.
Contact an Experienced Personal Injury Attorney as Soon as Possible
Government vehicle accidents in Illinois come with procedural traps that simply do not exist in cases against private parties. The best thing you can do after this type of accident is to set up a free consultation with an attorney who understands how these claims work.
Call Meyers & Flowers today to get started at (630) 576-9696. We’ve recovered billions of dollars for our clients and will work just as hard on your behalf.