• 08
  • February
    2012

Court records show that a wrongful death claim has been filed against the City of Birmingham as a result of a pedestrian accident involving a police officer. Recent posts on our blog have noted an upward trend in the incidence of auto and truck accidents involving pedestrians.

Historically, Alabama government agencies and cities have been immune from suit for personal injury. The State of Alabama still enjoys this immunity. However, changes over the last few decades have opened the door, very slightly, to certain types of claims. Still, claims against counties and states have numerous hurdles and restrictions.

Before a lawsuit can be filed against a city or county, a "notice of claim", itemizing the injuries, damages, and amount being claimed, has to be filed within a narrow time range(6 months for cities, one year for counties). Almost always, the claim is denied and a lawsuit follows.

Moreover, claims against a city are capped at $100,000. This means that if the Mayor of Birmingham t-bones a citizen while driving his official car, the most Birmingham's liability insurance carrier would have to pay is $100,000...even if the victim has hundreds of thousands of dollars in medical bills! The cap also applies to wrongful death claims. Efforts to raise this absurd cap have fallen short in the Alabama legislature year afer year. 

If you have been injured in an auto accident by the negligence of an employee of a city or county, don't delay in seeking guidance from a personal injury attorney.