When a motorist negligently causes an accident with a motorcyclist, resulting in injuries to the motorcyclist, the at-fault driver may be held liable for their negligent actions through a Maryland motorcycle accident lawsuit. However, when the at-fault party is a government employee, there are often additional complications, due to government immunity that attaches in some situations.
Government Immunity in Maryland Motorcycle Accidents
It used to be that governments and their employees were never liable for any accident that occurred while carrying out official government business. However, with the passage of the Maryland Tort Claims Act, this official government immunity is waived in certain circumstances.
Under the MTCA, small claims against the government are permitted as long as liability does not exceed $200,000 per claim. It is important to note that these claims will not be automatically approved, and most need to be litigated before compensation will be available. Claims under the MTCA have strict notice and timeliness requirements that must be followed, or cases will be dismissed. Anyone considering filing a Maryland personal injury claim against a government entity should consult with a dedicated Maryland personal injury attorney.