Is the city I live in liable? A city municipal truck nearly killed me. I was coming home friday, driving down a narrow road before getting onto the main drag. A truck with municipal plates got in front of me. I saw the debris on the back. There was no back gate. There were absolutely no restraints of any kind! It was carrying a damaged crane shovel from a construction vehicle, various tree limbs, two large desk and other metal assortments.
When I saw this, I gave the truck a wide berth. Less than a minute later, the truck hit a bump. Debris sprang from the truck going airbourne. It bounced of the street heading straight for my windshield. I swerved into the next lane and spun out between two trees. The debris hit the side of my car instead of my windshield. I managed to get close enough to the truck to get its license plate number and a picture showing the free debris on the back. I went to the police station and filed a report. They ran the tags and said the truck belong to the city. I showed them the picture, they said the same thing I did. The truck should have had restraints on it to prevent debris from shaking loose.
1. How do I get the city to pay for this?
2. Can I file a lawsuit against the city?
1 Answer from Attorneys
You would need to contact the City, either the clerk or they will refer you to the proper person and give them notice. Usually they will try to settle by paying your damages. You can only sue for what actually the damages were for. They usually have insurance for thispurpose. If you need assistance, please contact me through the phone number on my web site.