Whether you hate driving or prefer having extra time to yourself on your commute to work, there are a number of benefits to public transportation. However, the last thing you anticipate is sustaining serious injuries from an accident on a train or subway operated by the government. If this represents your circumstances, it’s critical to understand your rights in these matters. The following blog explores what you should know about filing a claim against the government for the injuries you’ve endured as a result of their negligence, and the importance of connecting with a mass transit accidents attorney to help you explore your legal options during these times.
What Kind of Public Transportation Accidents Are Common?
Unfortunately, injuries on public transportation are not as common as you may believe. Whether you are injured while taking the bus or riding the subway, it’s imperative to understand the causes of these accidents.
In general, bus accidents are commonly caused by unsafe driving, fatigued driving, or defective vehicles. If the entity responsible for maintaining the vehicle fails to do so, it can lead to catastrophic injuries. Subway accidents can include slips and falls due to hazards on the train or the platform, injuries related to subway door malfunctions, or any collisions caused by the operator.
How Do I Pursue a Claim?
While most personal injury claims in Maryland have a statute of limitations of three years from the date on which the accident occurred, this is not the case for injuries related to mass transit in the state. This is because these entities are operated by the government, meaning you must file a claim with the state, city, or county responsible for maintaining and operating these systems. As such, you must adhere to the rules regarding tort laws in Maryland.
Maryland, like all states, has immunity from lawsuits, which has been waived through the Tort Claims Act. As such, this allows those injured on government property or by government employees to file a claim against the government. However, the most considerable difference between these claims and a traditional civil lawsuit is the timeframe. When suing the government, you have one year from the date that you were injured to file a Notice of Claim with the government. This essentially informs the entity you plan on suing of your intent to file a claim, which in these instances, is the transit authority. For this notice to be valid, you must include the contact information of those involved, a statement regarding the accident, the injuries you’ve sustained, and the damages you intend to seek.
Failure to send this letter by the deadline can result in your claim being denied.
As you can see, these matters can be incredibly difficult to pursue, especially when you are still healing from the injuries inflicted while utilizing public transportation. If you have been hurt, don’t hesitate to contact the Law Offices of Markey & Orsi. Our dedicated team is ready to fight for you.