Any people who have read this blog understand that as Phoenix personal injury attorneys, our job is to protect people from being taken advantage of. And if there is one place where we see the most abuse, it is by the government’s own laws to protect itself from liability. A lot of people talk about personal accountability and personal responsibility. There has been a big push for a long time in this country for people to simply accept the responsibility for their own actions. Usually, this is used as an accusation against people who are injured who choose to file lawsuits in Arizona. It’s as if there is some lack of accountability—according to these cynics—simply because somebody who no longer is able to work is asking for the person who negligently caused their injury to pay for their own actions.
So whenever we see cases of potentially serious injuries that may have been caused by government employees, a huge red flag goes up. According to reports, Tyesha Lollie gave birth to a baby who may have had brain damage. Now, we hope Ms. Lollie is fine and we obviously hope that these initial reports of possible brain damage turn out to be nothing more than a false alarm. Nothing is more important than that. The question though, is not directly related to the six-car accident at 83rd Avenue and Thomas Road that took place involving Tyesha Lollie. Instead, we want to pay attention to the fact that the Chevy Malibu involved in the accident was a vehicle that was driven by a City of Phoenix Parks and Recreation employee. Why should that raise concerns? Because although we don’t know who caused the accident, if it was the fault of the driver of the Parks and Recreation vehicle, then this Phoenix car accident victim could lose all of her rights and her baby’s rights simply due to a law that’s completely unfair if she does not hire an attorney or make the right steps immediately.
Assuming the reports of witnesses saying that the City vehicle ran a red light are true, there would be no doubt that any horrible injuries suffered in this case were the result of the City of Phoenix. Let’s even assume that the City of Phoenix admitted it was their fault and even assume further—hopefully not in this case but in others—that they have caused serious injuries. How could the City completely escape its liability? Because there is a law that requires people to file a “notice of claim” within 180 days. The City of Phoenix will often take the position that the notice of claim has almost impossible requirements. The City of Phoenix—and other governmental entities—will take the position that if the proper paperwork is not filed and served on the proper party within 180 days, all rights are lost.
We will continue to report on any cases that we see that involve City of Phoenix, City of Mesa, City of Tucson, or any other city vehicles. It is extremely unfortunate that this law has been passed and that the government can avoid responsibility. In cases like these where seriously injured people have much more on their mind than having to hire a personal injury lawyer, they should not be forced to do so simply because of a law that will require them to jump through hoops unless they get the right lawyer who is experienced and knowledgeable right away.
If you or anybody you know has been involved in any kind of a serious injury car accident with any governmental employee in Arizona, it is vital to immediately contact an experienced and skilled Arizona auto accident lawyer to make sure that rights are not lost and that the at fault party is not able to avoid having to pay on a valid injury claim.