A Civilian in a car accident with a Soldier

“Are there special circumstances when a civilian is in a car accident with a solider?”

JOE:  Well, it depends.  If the solider’s on active duty they’re considered an employee fo the government.  If you want to bring a claim against the soldier, you have to bring it under the federal torte claims act – that’s one of those special laws that you’re going to need a lawyer for.  There are all sorts of special procedures.  That’s one of the reasons active duty soldiers also can’t sue the government because they’re employees so to speak – but when they’re retired and if they have a claim for example, against a V.A. hospital, then they can bring claims under that same federal torte claims act.  In fact, that does happen on a regular basis and you’re seeing a lot of that in the news these days.

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Posted By: Joe Stanley

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