A crash with a city bus, police car or snowplow may leave you unsure about your next steps. Along with serious injuries, you may also face special rules for claims against public bodies.
Illinois law gives government entities certain forms of immunity. However, those protections do not bar every claim. Your rights may depend on which government agency operated the vehicle and whether the employee was acting within the scope of their job when the crash happened.
How immunity may affect your claim
The Illinois Local Governmental and Governmental Employees Tort Immunity Act gives cities, counties and other local public bodies specific immunities against civil lawsuits. Illinois law also bars punitive damages against a local public entity.
You may still have a claim if a public employee caused the crash through negligence while performing job duties and no immunity applies to that conduct. For example, an officer who was enforcing a law generally has immunity unless the officer acted willfully and wantonly. However, driving a police vehicle does not always qualify as executing or enforcing the law.
Claims involving bus drivers, road workers or other public employees require the same careful review. Simple negligence applies to a claim unless a specific provision of the Tort Immunity Act grants immunity for the employee’s conduct.
Timelines for filing depend on the public body
The public body involved determines which deadline applies. For a personal injury claim against an Illinois local public entity or employee, you generally must file suit within one year.
For claims against the State of Illinois, you need to follow a different process. You must either file the claim one year or send formal written notice within that period to both the Illinois Attorney General and the Clerk of the Court of Claims. If you choose to send formal notice, the complete claim must be filed within two years of the incident. Missing the one-year filing or notice deadline may bar the claim.
Preserving your claim
A government vehicle crash involves more than proving careless driving. Understanding which public body is responsible and which immunity rules apply helps you prepare the right filings on time and protect your claim.