A Maryland Government Employee Caused My Waldorf, MD Auto Accident: Can I Sue?
Yes, if a Maryland government employee caused injuries or property damage in a Waldorf, MD auto accident, the innocent victim or victims can sue for compensation. However, the rules for such claims are markedly different from the procedures used when injuries are caused by private non-governmental parties. If you have been injured in a Maryland auto accident, call us here at the Law Office of Robert Castro at (301) 870-1200. We are personal injury and auto accident attorneys in Waldorf, Maryland.
As noted, you CAN bring a claim if a Maryland government employee has caused your Maryland auto accident. Note that this includes any employee of the State of Maryland AND any of its sub-governmental divisions. Slightly different rules apply if the government employee worked for the State of Maryland or if the employee worked for a local government (including such organizations as local libraries, parks departments, community colleges, etc.). At the state level, the term “government employee” would include the employees of specific State agencies like the Maryland Department of Transportation and would include persons like professors and staff at State-run education facilities, members of state boards and commissions, and more. You must consult with an experienced Maryland personal injury attorney for help in determining whether the person causing the Maryland auto accident is, in fact, a state employee or a local government employee.
As also noted, the procedure for making a claim for compensation against the government is different. Instead of a one-step process, two steps are required. First, under the Maryland Tort Claims Act — Md. State Government Code, §12-101 to §12-110 — a notice must be sent to the Maryland State Treasurer within one year of the accident. If the claim for compensation cannot be settled, the second step is the filing of a traditional lawsuit in the Maryland County Courts. The Tort Claims notice must be sent quickly — within one year — and the deadline for filing the lawsuit also must be strictly met. That deadline is three years. The Tort Claims notice must be in writing and provide the following basic details:
- Statement of the facts that are the basis for the claim for compensation
- Date and location of the accident
- Demand for specific damages
- Names and addresses of the persons seeking compensation — the “Claimants”
- Contact information for the Claimants’ attorneys
- Signature by the Claimants
Note that Maryland has a version of the Tort Claims Act that applies to local governments and their subdivisions. The procedures are similar in that a Tort Claims notice within a year provides the basic information listed above. Again, if a settlement cannot be reached with the local government, then, within three years of the injury/accident, a civil lawsuit must be filed.
The other key difference if your accident was caused by a government employee is that Maryland law sets a cap on damages — currently, $400,000 per claimant/$800,000 per accident.
Contact Waldorf, MD Personal Injury Attorney Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.
