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I Was In A Car Accident In Loganville, Georgia With A Georgia Department of Transportation Truck. Can I Sue The Georgia Department of Transportation?

Were You In A Car Accident In Loganville, Georgia With A Georgia Department Of Transportation Truck?

If so, you may be wondering if you can sue the Georgia Department of Transportation.  Yes, you can sue the Georgia Department of Transportation, but since it is a state entity, different rules apply to this type of lawsuit.  Lawsuits against state entities are covered by the Georgia Tort Claims Act.

Please see below a breakdown on suing the Georgia Department of Transportation under the Georgia State Torts Claim Act.

NOTICE OF CLAIM REQUIREMENT

The Georgia Tort Claims Act states that notice of a claim shall be given in writing within 12 months of the date the loss was discovered or should have been discovered.

Notice of a claim shall be given in writing by certified mail or statutory overnight delivery, return receipt requested, or delivered personally to and a receipt obtained from the Risk Management Division of the Department of Administrative Services.

A copy of the notice of claim shall also be delivered personally to or mailed by first-class mail to the state government entity, the act or omissions of which are asserted as the basis of the claim.

The notice of claim shall state the following:
  • The name of the state government entity, the acts or omissions of which are asserted as the basis of the claim;
  • The time of the transaction or occurrence out of which the loss arose;
  • The place of the transaction or occurrence;
  • The nature of the loss suffered;
  • The amount of the loss claimed; and
  • The acts or omissions which caused the loss.
No lawsuit may be filed after service of a notice of claim until either the Department of Administrative Services has denied the claim or more than 90 days have elapsed after service of the notice of claim without action by the Department of Administrative Services, whichever occurs first.

THE COMPLAINT

The complaint, which is the legal term for the lawsuit, must have as exhibits a copy of the notice of claim presented to the Department of Administrative Services together with the certified mail or statutory overnight delivery receipt or receipt for other delivery.

SERVICE OF THE SUMMONS AND COMPLAINT

To perfect service of process on a state entity such as the Georgia Department of Transportation, you must both:

(1) cause process to be served upon the chief executive officer of the state government entity involved at his or her usual office address; and

(2) cause process to be served upon the director of the Risk Management Division of the Department of Administrative Services at his or her usual office address.

A copy of the complaint, showing the date of filing, shall also be mailed to the Attorney General at his or her usual office address, by certified mail or statutory overnight delivery, return receipt requested and there shall be attached to the complaint a certificate that this requirement has been met.

VENUE

Venue is a legal term for which county the lawsuit needs to be filed.  All tort actions against state entities shall be brought in the state or superior court of the county wherein the accident occurred; provided, however, wrongful death actions may be brought in the county wherein the accident giving rise to the loss occurred or the county wherein the decedent die.

CONTACT BARTLETT BENTON

If you were in a car accident in Loganville, Georgia with a Georgia Department of Transportation truck and would like a free case evaluation, please call Bartlett at 770-365-6414.