Can You Sue the City for a Streetcar Collision in New Orleans?

If you’ve been involved in a streetcar crash in New Orleans, first, let us express our concern and support. Unfortunately, these cases are a bit more complex than being hit by a private vehicle or even a commercial vehicle. Determining who is at fault, especially when it involves the city, adds a challenge. At Egenberg Trial Lawyers, our New Orleans personal injury lawyers are happy to answer any questions. 

What Is Sovereign Immunity?

Sovereign immunity is a legal doctrine that historically protected the government from being sued for various reasons, including personal injury claims. Originating from English common law, this doctrine assumes that the government is immune from civil lawsuits unless it consents to being sued. The premise behind sovereign immunity is to shield the government from excessive litigation and allow it to operate without the fear of being constantly sued.

Louisiana Governmental Claims Act

In New Orleans, the Louisiana Governmental Claims Act provides the framework for suing a public entity, which would apply to the streetcars, for personal injury claims. This act waives the otherwise-applicable sovereign immunity and allows people to sue the government for damages caused by its negligence.

Under the Louisiana Governmental Claims Act, people who have been injured or suffered property damage due to the negligence of a public entity, like the city of New Orleans, can file a civil lawsuit to compensate them for their losses. Be sure to follow the specific procedures and timelines outlined by the act, which a well-informed New Orleans personal injury lawyer, like our team at Egenberg Trial Lawyers can help you with.

Sovereign Immunity as It Applies to Personal Injury Law in Louisiana

When it comes to personal injury law, sovereign immunity in Louisiana is important to consider. While the government is generally immune from lawsuits, there are exceptions to this rule.

In personal injury cases, the government can be held liable if it acted negligently or in a manner that caused harm. This means that if the city of New Orleans, for example, failed to properly maintain a streetcar or was negligent in some other way, it could indeed be held responsible for injuries caused by a streetcar collision.

Governmental Immunity Exceptions in Louisiana

Again, while sovereign immunity generally protects the government, there are exceptions that allow people to sue the cities, counties, and states for personal injury claims. In Louisiana, these exceptions include:

• Act of government employee: If a government employee, such as a streetcar operator, acts negligently or recklessly, causing injury or damage, the government can be held liable.
• Dangerous condition on public property: If a dangerous condition is allowed to persist on public property, such as a poorly maintained streetcar track, and this condition leads to an accident and injuries, the government can be held responsible.
• Motor vehicle accidents: If a government-owned vehicle, like a French Quarter streetcar, is involved in an accident and causes injuries, the government can absolutely be sued.

Limits and Benefits of the Federal Tort Claims Act

The Federal Tort Claims Act (FTCA) provides a legal avenue for individuals to sue the federal government for personal injury claims. While the FTCA only applies to actions against the federal government, not local governments such as the city of New Orleans, we are going to explain it briefly. Under the FTCA, individuals can seek compensation for injuries caused by the negligent acts or omissions of federal employees acting within the scope of their employment. 

Required Procedures and Documentation to Sue the City of New Orleans

To successfully pursue a personal injury claim against the city, as New Orleans personal injury lawyers, we recommend that you follow these steps:

• Talk to a New Orleans personal injury attorney with experience in government lawsuits: An experienced attorney can guide you through the entire process and ensure that you meet all the necessary requirements and timelines.
• File a notice of claim: Under the Louisiana Governmental Claims Act, individuals must file a written notice of claim within a specific timeframe (usually one year of the accident) with the city’s governing authority. 
• Gather evidence: Collect as much evidence as possible to support your claim. This may include photographs of the accident scene, witness statements, medical records, and any other relevant documentation.
• Document your damages: Keep thorough records of your injuries, medical expenses, property damage, and any other losses you have suffered as a result of the streetcar collision. 
• Negotiate or file a lawsuit: Depending on the circumstances and the response of the city, your New Orleans personal injury attorney will work with you to negotiate a fair settlement, if possible.

New Orleans Streetcar Accident FAQs

Can you sue for damages directly under the state constitution?

No, you cannot sue for damages directly under the state constitution. However, you can sue the city of New Orleans under the Louisiana Governmental Claims Act, which waives sovereign immunity and allows individuals to seek compensation for damages caused by the negligence of a public entity.

Can you sue under a state civil rights statute?

While civil rights statutes serve to protect individuals’ rights, they typically do not provide a cause of action for personal injury claims against the government. To sue the city of New Orleans for a streetcar collision, you would need to rely on the Louisiana Governmental Claims Act and establish negligence on the part of the government.

Can you sue under a state tort claims act?

Yes, you can sue under the Louisiana Governmental Claims Act, which is our state’s version of a tort claims act. This act waives sovereign immunity and allows individuals to pursue personal injury claims against the city of New Orleans and other public entities.

Are there exceptions to the state tort claims act?

Again, yes, there are exceptions to the Louisiana Governmental Claims Act. These exceptions include situations where a government employee acts negligently or recklessly, dangerous conditions exist on public property, or, in this case, an accident caused by a city-owned streetcar.

Need a New Orleans Personal Injury Lawyer?

If you or a loved one have been injured in a streetcar collision in New Orleans, you’ll no doubt want the guidance of an experienced, hard-working New Orleans personal injury attorney. At Egenberg Trial Lawyers, our team is eager to provide top-notch legal representation. To talk to one of our lawyers now, contact our office.