If you have been injured by an employee of the city, or believe that the city was at fault, you should be aware that there are certain restrictions which govern the way claims can be made for damages. There are also different rules depending on whether it was an injury caused by a city bus, another city agency or a state entity.
Generally the window for making claims is shorter than with a private individual or organization and there may be restrictions on the amount that will be accepted. Talk to a personal injury attorney before making a claim.
City and State Laws Regarding Government Personal Injury Claims
In common with other government bodies around the country, the city is protected against civil actions against it by a degree of immunity. However, if negligence on the part of a city employee or agency can be proved, a claim may be accepted as long as it is submitted to the correct authority and within a specific time frame.
A different claim should be made if hit or injured by a specific city bus or other form of public transportation operated by the city. The claim should be sent to the the bus company rather than the State Treasurer.
In either case, if nothing is heard or an investigation leads to a denial of the claim, you then may go ahead with filing a personal injury claim, detailing the same information as before.
What Could Cause a Car Crash With City Property?
Car crashes in and around a capital city are relatively common, but many of them involve private vehicles. If your collision was with a government vehicle or because of poor road maintenance, then you will have to prove that this was the case and someone’s negligence was to blame for your injuries.
Because of their sheer number and size, the most likely accident would be a collision with an MTA bus, but there are other potential scenarios. Every city department has at least one government owned vehicle and any of these could be involved in an accident if the driver failed to drive well. In some circumstances, a collision may be justified if the vehicle was involved in an emergency situation or was responding to an emergency call. An example would be a fire service vehicle, ambulance or police car engaged in a response to a possible criminal incident.
Accidents involving the Bus
Bus driver error probably constitutes the most common cause of an unexpected and unwelcome bus accident. Bus drivers may miscalculate the gap between the bus they are driving and a vehicle they are passing. Bus drivers may also fail to drive safely. They may be too tired to drive properly, have taken drugs or alcohol, fail to signal properly, fail to stop at an intersection, be driving too fast or become distracted such as by a cell phone message.
Use an Attorney to Help You With a PI Claim Against the City
It is advisable to discuss your accident and the possibility of filing a claim for compensation with an experienced personal injury attorney before submitting a notice of claim. The attorney will know who to send the claim form to and what to include with it. If a personal injury claim is advised, then the attorney can help you prepare your claim and negotiate on your behalf with the city’s insurer.
Disclaimer
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against the city of Baltimore, or the state government of Maryland, or any other party, you may not be entitled to any compensation.
