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Accident Lawyer in Minneapolis Discusses Role of Sovereign Immunity in Public Transportation Accidents

If you were involved in an accident with a public transportation vehicle or if you sustained an accident while riding public transportation, you may be entitled to personal injury compensation in Minneapolis. However, public transit workers and public transportation vehicles may be subject to additional protections from lawsuit under a doctrine called sovereign immunity. Additionally, public transportation vehicles are often protected by specific laws that require drivers to yield to buses re-entering the flow of traffic. Workers may be afforded additional legal protection from lawsuit if the worker was acting in his or her official capacity. If you’ve suffered an injury as a result of an accident with a public transportation vehicle, it is important to speak to an accident lawyer in Minneapolis so that you protect your rights and ensure that you properly file your case. It’s also worth noting if any members of the public tried to help you after this accident. This is crucial as some people could be trying to help, but could actually make the problem worse. Those people aren’t in trouble, there is a good samaritan law that will protect those who tried to help. However, it needs to be noted on any claims.

bus in Minneapolis

According to Cornell University Law School, the government is generally immune from lawsuits. Government entities and employees are often also protected by this doctrine. This means that a school bus driver operating on behalf of the government or a public bus driver employed by the government may be protected from lawsuits under sovereign immunity. However, the government and entities of the government can be sued if the government consents to the suit. In this case, additional paperwork must be filed before a case can be brought to court.

There have been recorded cases where official immunity was not upheld by Minnesota courts. For instance, in a case filed in 1997, the courts found that a bus driver who harassed and belittled a disabled passenger wasn’t protected by official immunity. In this case, the driver violated a passenger’s rights. Egregious disregard of road rules or laws could also be seen as a violation of passenger and driver’s rights. For instance, a bus driver or public transportation worker who drank or took drugs on the job may be legally accountable for his or her actions and for any personal injury damages that result from these actions.

If the public transportation or commercial vehicle that hit you is privately owned, however, you may have an easier time making a case, as transportation companies have a duty of care to their passengers, their customers, and to the safety of the general public. These companies may also carry insurance to protect them in the event of an accident. If you were in an accident involving a bus or other private mass transit vehicle, sovereign immunity may not apply.

It can be difficult to distinguish between a government transit authority and a private one. Private persons operate school buses, for instance. An accident lawyer in Minneapolis, Minnesota, like Martin T. Montilino can carefully take a look at all relevant facts of your case. Whatever your circumstances, it is important to speak to a lawyer as soon as possible because statute of limitations laws may limit the amount of time you have to file a claim. In cases where sovereign immunity is involved, more time must be allowed to file all paperwork.

 

 

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The Law Office Of Martin T. Montilino, LLC
  
3109 Hennepin Avenue South
Minneapolis, MN 55408
  
Phone: (612) 236-1320
Email: [email protected]

  

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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If you have been injured in an accident due to negligence and are seeking services from an experienced personal injury attorney in Minneapolis MN, you’ve come to the right place.

Our law firm has been successfully assisting injured clients for nearly two decades. Our negligence cases include automobile accidents, dog bites, slip and fall, and other injury situations.

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