What is Sovereign Immunity and How is it Applicable to Car Accident Cases? November 6, 2009

As a Daytona Beach Personal Injury Attorney, I have people inquire about how the legal principle applies to Car accident cases.  Sovereign Immunity is a legal doctrine that has roots extending back to England.  Originally it meant that the King could not be sued in his own courts.   In the United States, this has transformed into the principle that the government cannot be sued.  However, the Florida State government has partially waived this right throught the enactment of Florida Statute 768.28.   In Florida, a person seeking redress from a govnermental entity may sue the entity in a court of law.   However, there are limits to the damages that the person can collect.   A general principle is that the government can only be sued for $100,000.00.   For a claimant to collect over $100,000.00 he or she must first acheive a verdict for over that amount and then convince the state legislature to pass a claims bill for the excess.  

There are many different goverment entities that are covered by this immunity.   Some examples are: counties, municipalities, legislature, judicial branch including the public defender and special taxing districts such as Halifax Medical Center.   All of these entities have employees and all of these employees have cars.  If a governement employee causes an autoaccident through negligence while in the course and scope of employment then sovereign immunity will apply. 

These are more complicated cases than dealing with a private individual who causes an accident.  There are more proceduaral requirments including filing a 768.28 notice with teh state.  If you have been involved in a car accident with a government employee and you have questions, dont hesitate to call.