Defendant's Attorney: Madison L. Mattioli and Randy J. Tanner

Description: Missoula, Montana personal injury car wreck lawyer represented the Plaintiff who sued the Defendant on a Federal Tort Claims Act auto negligence theory claiming to have suffered damages and/or injuries caused by a federal government employee.

the FTCA is a federal law that allows individuals to sue the United States government for certain kinds of negligence committed by its employees acting within the scope of their employment. Here's a breakdown of its key elements:

When can you sue the government under the FTCA?

The FTCA only waives sovereign immunity (the government's general immunity from lawsuits) in specific circumstances. You can potentially sue the government under the FTCA if:

The injury was caused by a government employee acting within the scope of their employment. This means the employee was performing their official duties at the time of the incident.
The government employee was negligent. You must prove the employee acted in a way that fell below the standard of care expected of a reasonable person in similar circumstances.
Your claim is not one of the many exceptions to the FTCA. These exceptions encompass areas like discretionary functions, intentional torts, and certain medical care claims.

What damages can you recover?

If successful, you can recover various damages under the FTCA, including:

Medical expenses
Lost wages
Pain and suffering
Property damage

What are the procedural requirements?

Before filing a lawsuit, you must first file an administrative claim with the relevant government agency. This allows the agency to investigate and potentially settle the claim without going to court. The specific agency you need to file with will depend on the nature of your claim.

Montana Auto Negligence Law:


Duty of care: Every driver in Arizona has a duty to operate their vehicle safely and follow traffic laws to avoid harming others. This includes:
Speeding
Distracted driving
Driving under the influence (DUI)
Reckless driving
Failing to yield right of way
Ignoring traffic signals
Breach of duty: The injured party must prove that the other driver breached their duty of care, causing the accident and resulting injuries. Evidence like:
Police reports
Witness statements
Accident scene photos
Vehicle damage photos
Medical records
Proximate cause: The breach of duty must be the direct cause of the accident and injuries. Simply showing the driver was negligent isn't enough; you must prove their negligence directly caused the harm.
Damages: If all elements are proven, the injured party can seek compensation for various damages:
Medical expenses
Lost wages
Pain and suffering
Property damage

Comparative Negligence:

Arizona adheres to a modified comparative negligence rule. This means the injured party's own negligence can reduce their compensation proportionally. For example, if they're 30% at fault, their damages are reduced by 30%. However, exceeding 50% fault bars them from recovering any damages.

Additional Points:

Statute of limitations: Claims in Arizona have a two-year statute of limitations, starting from the date of the accident.
Legal resources: Consult the Arizona Bar Association or Arizona Department of Transportation for guidance and resources.

Specific Scenarios:

Here are some situations where Arizona auto negligence law might apply:

Car accidents: A driver violating traffic laws and causing a collision could be liable for resulting injuries.
Hit-and-run accidents: The injured party can still pursue compensation through their uninsured/underinsured motorist coverage.
Pedestrian accidents: Drivers have a duty to exercise due care towards pedestrians and are liable for causing injuries due to negligence.

Seeking Legal Help:

If you believe you've been harmed due to someone else's negligence in an Arizona auto accident, it's crucial to consult with an experienced personal injury attorney specializing in auto negligence. They can:

Assess your case and identify potential legal options.
Gather evidence and build your case.
Negotiate with insurance companies or represent you in court.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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