Frederick, MD asked in Car Accidents for Maryland

Q: I got in a car accident because I couldn't see a stop sign due to an overgrowth of foliage. I heard cities have immunity

against lawsuits. Can I still sue them for failing to ensure traffic signs are visible?

Related Topics:
2 Lawyer Answers
Paul D'Amore
Paul D'Amore
Answered
  • Personal Injury Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: In the days of old you were not allowed to sue the King for wrongdoing. He was chosen by God and could do no wrong. This was called "sovereign immunity". Today, the "King" is the Federal, State and Municipal governments elected by the citizens (not God). These entities can waive their immunity from suit by passing laws that allow them to be held accountable for wrongdoing. These laws are called "tort claims acts". Most times these laws have very specific requirements for making a claim, along with modified limitations periods (deadlines). It's best to contact a local attorney to assist you with navigating the procedural minefield you will face. But, do so immediately, or you could miss the limitations period for making the claim.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA
  • Licensed in Maryland

A: Contact a member of the Md. Assn for Justice--they give free consults. Assume you took photos of the scene. Generally, the best cases are where you are the "innocent" party, sue the driver who had the stop sign and the responsible entitiy.

Note: all "tort claims Act " laws have notice provisions. It can be technical. get a consult.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.