Many people in Baltimore County and throughout the state of Maryland rely on mass transit options to get from place to place. Passengers put a great deal of trust in the drivers of buses and trains to get them from one place to another safely. The Maryland Transit Administration provides residents with several transportation options such as MARC train services and BaltimoreLink buses. The unfortunate reality is that sometimes, accidents happen. When they happen on a form of mass transit, the legal process may be more complex, and the accidents may be more severe. If you have been injured in a Maryland mass transit accident, it is crucial to consult with experienced Baltimore County Mass Transit Accident Attorneys. The legal team at Markey & Orsi has proudly served victims of mass transit accidents throughout the state for nearly 30 years. Contact our firm today.
Causes of Mass Transit Accidents
The Maryland Transit Administration is responsible for ensuring that there are no hazards present in bus or train stations and that the vehicles themselves are safe. When mass transit is not properly maintained, passengers can become very seriously injured and face lifelong injuries or even death. The most common forms of mass transit accidents are collisions and derailments. Some of the causes of these accidents may include the following:
- Faulty train or bus parts
- Failure to maintain vehicles
- Distracted driving
- Driving under the influence of drugs or alcohol
- Drowsy driving
- Excessive speed
- Derailments
- Failure to maintain train and bus stations
Statute of Limitations
If you have been injured in a train or bus accident in the state of Maryland, you must be aware of the deadlines that must be met. The statute of limitations for filing a personal injury claim in the state of Maryland is 3 years from the date of the accident. However, because of the fact that trains and buses in the state are operated by the Maryland Transit Administration, all injured parties are required to file a Notice of Claim, which informs the agency that you plan to take legal action. Victims should file a Notice of Claim within 1 year of the accident, and missing that deadline can be fatal to a claim, though it is not always an absolute bar. It is important to consult with an experienced personal injury attorney as soon as an accident occurs because they will be able to walk you through the process of taking action against an entity such as the MTA.
Why Claims Against the MTA Are Different
Suits against the MTA are governed by their own statute, Md. Code, Transp. § 7-702, rather than by the rules that apply to the State generally. Two consequences matter. Claims against the State and against local governments are capped at $400,000 per person. There is no equivalent cap on the MTA, which can be significant in a catastrophic injury case.
Second, a late notice is not automatically fatal. A court may allow the case to proceed for good cause unless the agency can show its defense was actually prejudiced by the delay. If you are past a year, do not assume your claim is gone. Ask.
Recovering Damages
If you have been injured in a mass transit accident and decide to take legal action, you may be able to recover significant damages that are financial and nonfinancial in nature. Some of the damages that you may be able to recover include medical expenses, lost wages, the cost of hiring outside help, loss of enjoyment of life, pain and suffering, and emotional distress.
Contact a Maryland Mass Transit Accident Attorney
If you or a loved one has been injured on a bus, train, or at a transit station in Maryland, the deadlines are shorter than you may expect and the rules are not the ones that govern an ordinary accident claim. Contact Markey & Orsi today to discuss your case.