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?

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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
PREMIUM
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.

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