Many Maryland residents recently experienced the devastating impact that severe winter weather can have on travelers. The recent winter storm plummeted the northeast, and the snow and ice resulted in heavy traffic, chain-reaction accidents, and fallen wires and trees. The effects of inclement weather can reverberate for many weeks after severe winter events. While drivers may be accustomed to navigating potholes and damaged roadways, some unexpected dangers can result in serious accidents and injuries.
Fallen trees and branches can present serious challenges to motorists and other road users. In some cases, an accident may result from a falling tree and others may involve a driver crashing into a branch or tree that has not been cleared. Under Maryland law, it is a property owner’s responsibility to remove fallen trees and debris from their property. However, in some cases, the governmental entity may be responsible for removing dangers, such as fallen trees or branches.
For instance, reports described an accident involving a motorcycle rider who crashed with a downed tree. The motorcyclist was driving down a road when they hit a fallen tree lying in the roadway. The rider was wearing a helmet; however, he died at the hospital.
Those who experience accidents because of a fallen tree on public property should contact an attorney to discuss their rights and remedies. These cases are particularly challenging because they involve complex governmental immunity laws. Historically, the law prohibited citizens from filing negligence lawsuits against governmental entities. However, modern law provides for some exceptions to this archaic ruling.
Can Motorcycle Accident Victims Sue the Government?
In cases where the fallen tree belongs to a federal or state agency, the injured party must abide by strict procedural regulations when filing a personal injury case. Generally, the victim has two years from the date of the incident to file a claim with the federal government. The law then provides the government with six months to decide how to handle the case. If the government rejects the claim or does not pay the damages, the victim may proceed with a civil lawsuit. In addition, these claims require claimants to meet notice and filing requirements.
Cases involving a private owner vary depending on the location of the object and the owner’s knowledge and control. Similar to governmental liability lawsuits, these cases require the experience of a knowledgeable and experienced attorney.
Have You Suffered Injuries in a Car or Motorcycle Accident?
If you or someone you love has suffered injuries or died in a Maryland motorcycle accident, contact Lebowitz & Mzhen for assistance. The lawyers on our team have years of experience successfully representing clients in their complex personal injury and wrongful death lawsuits. We understand the daunting nature of many of these cases and provide clients with respect, compassion, and results. Our firm handles cases involving Maryland vehicle accidents, premises liability, defective products, medical malpractice, and nursing home abuse and negligence. We have secured significant sums of compensation for our clients and their loved ones in all types of Maryland motorcycle accident lawsuits. Contact our office at 800-654-1949 to schedule a free initial consultation with an attorney on our team.