A deadly accident involving two commuter buses in New Jersey earlier this month left at least two people dead and 17 injured, with seven in critical condition. According to a national news report, the accident occurred on the streets of Newark, New Jersey when one bus failed to yield to another at a busy intersection, causing the crash. The crash occurred during the morning commute, and both buses were carrying passengers at the time of the tragic collision. The driver of one bus and a passenger on the other were killed, and several passengers from both buses were injured. According to the article, no charges have been filed, and the cause of the accident is still under investigation.
Although the cause of the bus accident remains under investigation, it appears that one of the bus operators caused the collision. Since most public transit vehicles are owned and operated by a state or municipal organization, those injured or killed in an accident are required to follow distinctive procedures to seek compensation for injuries that resulted from the negligence of the at-fault driver. Many states have passed laws that restrict victims’ ability to collect full compensation in claims against government employees or agencies, and specific procedures must be followed closely for victims to obtain the compensation that they deserve.
The Maryland Tort Claims Act
Maryland accident victims who have been injured or killed by the negligence of a state or municipal employee may be entitled to damages from the state or municipal employee whose negligence caused their injuries. The Maryland Tort Claims Act is a state law that has been passed to define the state’s responsibility in these situations and establish a procedure for accident victims to obtain compensation for their injuries. For a Maryland accident victim to recover damages from a government agency for the negligence of a state employee, the victim must first demonstrate that the employee was acting within the scope of their public duties when the accident occurred. This requirement protects the state from claims that are filed based on a government employee’s conduct that was entirely separate from the job he was supposed to be performing.
The Maryland Tort Claims Act additionally requires victims to comply with specific notification procedures that are more restrictive than the requirements to make a claim against a private party. Accident victims must serve a notice of claim upon the state within one year of an injury occurring, and a case may not be initiated until such a claim is rejected by the state government. Additional procedural requirements and limits may apply to an accident victim’s claim against a state or municipal agency, depending on the specifics of each case. Victims should contact a qualified Maryland personal injury attorney before making a claim against a state or local entity.
Are You an Accident Victim?
If you or a loved one has been involved in an accident with a state or municipal vehicle and been injured or killed, you may be entitled to compensation for the damages you have suffered. The Maryland and Washington, D.C. truck accident attorneys at Lebowitz & Mzhen Personal Injury Lawyers represent victims of accidents involving buses and other large state or municipal vehicles. Our qualified accident lawyers have experience successfully pursuing claims against state and local governments, and our experience can help you pursue the compensation that you deserve. At Lebowitz & Mzhen Personal Injury Lawyers, we accept car and truck accident cases in Maryland, Northern Virginia, and the entire Washington, D.C. area. Call us toll-free at 1-800-654-1949 or contact us online to schedule a free consultation today.
More Blog Posts:
Traffic Laws May Bridge the Gap to Proving Legal Liability in Accidents with No Discernible Cause, Maryland Trucking Accident Lawyer Blog, published August 3, 2016.
One Dead, Two Injured in Chain-Reaction Semi-Truck Collision on Interstate Highway, Maryland Trucking Accident Lawyer Blog, published August 17, 2016.