If you have been injured in an accident and you think that the Idaho transportation department could be to blame please contact us today for a confidential consultation. We have been representing clients since 1948 and have several success stories from people in Post Falls, Coeur d’Alene and beyond. Feel free to schedule this today or also visit our Coeur d’Alene car accident lawyer page.
When could a Department of Transportation be liable for injuries?
Any time there is a car accident and serious injuries are involved you should speak to a personal injury attorney. The expenses and suffering from traumatic injuries can last a lifetime. This is even more important when you think that a government entity may be responsible or partially responsible.
While drivers are responsible for their actions, certain entities are also responsible for keeping roadways safe. Poorly designed highways, road signs that cause accidents, lack of road signs, poor traffic management in construction zones, failure to inspect and repair roads in a reasonable time frame – these are all examples of issues that may lead to someone holding the transportation department accountable.
The notice claim prerequisite
Before any injury lawsuit can be filed against the State of Idaho, a notice of claim must be filed with the Secretary of State. That notice must be filed within 180 days of the date that the claim arose or reasonably should have been discovered. Failure to file this notice of claim can result in dismissal of a lawsuit alleging personal injury.
The time period for filing a lawsuit against a governmental entity
Every state has a statute of limitations that prescribes when a lawsuit based on personal injury must be brought. The general rule is that if somebody fails to file their personal injury lawsuit within that time, he or she is barred from proceeding further. Different states have different time periods. Pursuant to Idaho Code section 5-219, the statute of limitations for bringing a personal injury action is two years from the date of the accident.
One exception to the general two year statute of limitations rule is known as the “discovery of harm rule.” Under that rule, the two year statute of limitations doesn’t start to run until such time as a person knew or reasonably should have known that he or she was harmed.
Another exception to the general personal injury statute of limitations involves injuries to minors. In some cases the statute of limitations does not begin until the minor turns 18. There are several exceptions for minors; if you have questions about a minor who was injured feel free to ask us.
Contact us today
Suing a governmental entity for personal injury is a very detailed endeavor and the claim notice is just the tip of the iceberg. Contact us right away for a free consultation and case evaluation if you believe that you were injured as a result of the negligence of a governmental entity. Complicated and strict time limitations apply. Since injury cases are handled on a contingency fee basis, no legal fees are due until we obtain compensation for you. While we all love the State of Idaho, in the event you were injured by someone’s negligence, the government needs to be held accountable when it injures its citizens.