Maryland Accident Attorney Blog

When representing a client who my have a potential claim for personal injury against the State of Maryland, Maryland personal Injury lawyers must place the state on proper notice within six months of the incident. Failure to do so could bar any recovery under Maryland law.

Although the doctrine of sovereign immunity generally precludes an action for damages against the State of Maryland, its agencies, or officials, the Maryland Tort Claims Act (MTCA) provides for waiver of that immunity in cases of “tortuous acts or omissions committed within the scope of the public duties of state personnel, and committed without malice or gross negligence.”

The MTCA requires that the injured individual “may not institute an action . . . unless: (1) the claimant submits a written claim to the Treasurer or a designee of the Treasurer within 1 year after the injury to the person . . . ; (2) the Treasurer or designee denies the claim finally; and (3) the action is filed within 3 years after the cause of action arises.” MD. CODE ANN., STATE GOV’T § 12-102

In addition, the notice requirement provides the State with early notice of a potential claim, which allows the Treasurer, upon receipt of timely notice, to
. . . consider[] the fiscal consequences of the claim, and then decide[] which of several options to pursue. As a result of the early notice required under the MTCA, the Treasurer also has “the opportunity to investigate the claims while the facts are fresh and memories vivid, and, where appropriate, settle them at the earliest possible time.

Finally, Section 12-107 of the State Government Article of the Maryland Code, regarding the form of notice, provides:
(a) Form. – A claim under this subtitle shall:
1. contain a concise statement of facts that set forth the nature of the claim, including the date and place of the alleged tort;

2. demand specific damages;
3. state the name and address of each party;
4. state the name, address, and telephone number of counsel for the claimant, if any; and
5. be signed by the claimant, or the legal representative or counsel for the claimant.

Because the purpose of the statute is to enable the State to conduct an investigation into the underlying circumstances of the claim, and because courts are mandated to construe the MTCA broadly, plaintiffs are not required to submit a notice that exactly mirrors the form set forth in §12-107. This Court, likewise, should construe the MTCA notice requirements broadly in order to provide Plaintiffs a remedy, as envisioned by the General Assembly, and deny Defendant DJS’s Motion to Dismiss.

Continue reading " Maryland Personal Injury Lawyers Must Follow Maryland Tort Claims Act " »

The Baltimore Sun is reporting a man driving a Lexus crashed into the rear of a slow moving van this morning on Interstate 97 near Crownsville. The crash sparked a fire that consumed both vehicles. One person was killed.

The driver of the Lexus, Joseph Romano and his passenger were able to escape their vehicle. Only one of the occupants of the Chevrolet van was able to escape. The survivors were transported to Maryland Shock Trauma Center for treatment for not life-threatening injuries. Police have not disclosed the name of the person pronounced dead at the scene.

A skateboarder’s failure to yield when entering a highway contributed to his own demise and bars his widow and estate from recovering against the driver whose vehicle struck and killed him, the Court of Special Appeals has held. A recent article in the Maryland Daily Record discusses the Court's determination that a skateboarder is a "vehicle" and therefore subject to the boulevard rule. Thousands of Marylanders are injured every year while riding on skateboards, bicycles and other recreational vehicles. An experienced accident attorney can help injured victims recover compensation for their injuries under the law.

Continue reading " Injured Skateboarder's Family Loses Lawsuit " »

The Baltimore Sun is reporting that Mathew S. Markle, 38, was tragically killed this morning in a one-car accident near Havre de Grace, Maryland this morning. an Interstate 95 on-ramp was closed for several hours. According to the Maryland State Police, Mr. Markle lost control of his pickup truck on the ramp from Route 155 to southbound I-95 on Exit 89. He lost control when his pickup left the roadway, went into a ditch and overturned. The driver was pronounced dead at the scene.

Terrible news out of Anne Arundel County this morning. A 33 year old woman was killed and her 5 year old daughter were injured when another vehicle struck her in the rear, forcing her directly into the path of a commercial garbage truck. According to the Baltimore Sun, Anne Arundel Police have not released the victim's names.

Apparently after the garbage truck struck the vehicle, both vehicles caught on fire. Coast Guard Petty Officer First Class Lavelas Luckey was the hero who saved the child. Petty Officer Luckey was on his way to work when he came upon the accident. He freed the child from the back seat and attempted to save the mother as well.

The child was taken to Johns Hopkins Pediatric Trauma Center in Baltimore. Tragically, the mother died at the seen due to injuries sustained. The accident happened on Ordinance Road in Glen Burnie. Early indications are that drugs and alcohol are not factors in this accident.