09 May Woodland Hills Motorcycle Injury Lawyer
Woodland Hills Motorcycle Injury Lawyer
If the negligent party is the government, then you will have to deal with the issue of sovereign immunity
If you have been injured in an accident caused by poor condition of the road or improper road signs, contact an experienced Woodland Hills motorcycle injury lawyer. In such cases, the lawsuit will name the government agency responsible for the maintenance of the road as a defendant. When you have claim against the government, the issue of sovereign immunity will come into play. The laws surrounding the issue of sovereign immunity are complex. You will need the assistance of an experienced Woodland Hills motorcycle injury attorney. Traditionally the government has been held to be immune from suit under the ancient and imperious maxim rex non potest peccare – the king can do no wrong. Under this rule the Government of the United States was able to avoid liability for its tortious acts for more than 150 years in cases in which it did not consent to be sued. However, this is no longer the law. In certain cases and circumstances the Federal Government by statute has given its consent to be sued for tort. In 1946 Congress passed and the President signed into law the Federal Tort Claims Act. An experienced Woodland Hills Motorcycle Accident Lawyer can review the facts of your case and advise you whether or not you have a claim against the government.
State and Local Governments
Contact a Woodland Hills motorcycle injury lawyer if you believe that the government is at fault for your motorcycle accident. It is not just the Federal government that enjoys sovereign immunity, the state governments also enjoy sovereign immunity. State governments enjoy sovereign immunity from suit as a matter of federal constitutional law. “Sovereign immunity” means that a state cannot be sued for damages even if it is plain that the state has violated someone’s rights. Even so, there are ways of obtaining relief for a state’s breaches of its legal duties. An experienced Woodland Hills motorcycle injury attorney can advise you of your options. Local governments have no status independent of the state in which they are located. Their powers come from the state legislature, whose laws they enforce throughout the state, and state and local governments share tax revenue. And yet, for purposes of immunity from suit, there is a sharp distinction between local governments and the state government – in Lincoln County v. Luning 133 U. S. 529 (1890) the Supreme Court ruled that counties do not share the state government’s sovereign immunity under the U.S. Constitution. If you have a motorcycle accident claim against the local government, contact an experienced Woodland Hills motorcycle injury law attorney.
Suits Against Local Governments
A Woodland Hills motorcycle injury lawyer can assist you sue the government for your motorcycle accident injury. In most accident cases, the concerned government is likely to be the local government. So the local government will be a defendant in your motorcycle accident lawsuit. However when making a claim against the local government, you must follow certain procedures. An experienced Woodland Hills motorcycle injury attorney can help you with the procedures. Most suits against local governments are brought under 42 U.S.C. § 1983, which authorizes suits against “every person” who subjects another to a deprivation of rights secured by the Constitution. Just because you make a claim that the local government is at fault, it does not mean that the court will decide in your favor. You must provide your claim by producing the necessary evidence. If you have a motorcycle accident injury claim against the government, speak to a Woodland Hills motorcycle accident attorney.