Municipal Negligence

Road defects can lead to serious accidents, and municipal negligence is often a contributing factor. Drivers are at risk when local governments fail to maintain roads, repair potholes, or address hazardous conditions like water pooling and lack of guardrails. Municipal negligence can result in devastating accidents in Prince George's County and throughout Maryland. If you have suffered injuries due to poorly maintained roads or other forms of municipal negligence, you need experienced legal representation. The Prince George's County car accident lawyers at Foran & Foran, P.A. are dedicated to helping victims hold negligent municipalities accountable and obtain the compensation they deserve. Contact us to learn how we can help you pursue a claim against those responsible for your injuries.

Municipal negligence occurs when a local government entity fails to fulfill its duty to maintain public roadways in a safe condition. Under Maryland law, municipalities are responsible for repairing road defects, maintaining signage, and ensuring roads are free from hazards like potholes, shoulder drop-offs, and uneven pavement. When they neglect this duty, they can be held liable for accidents that result from their negligence.

Maryland allows individuals to file claims against government entities under certain circumstances. The Local Government Tort Claims Act (LGTCA), codified at Md. Code Ann., Cts. & Jud. Proc. §§ 5-301 to 5-304 provides a limited waiver of sovereign immunity. This waiver enables you to pursue compensation for injuries caused by a municipality's negligence while acting within the scope of their duties.

Municipal negligence claims can apply in various situations involving road defects. Common examples include:

• Potholes and uneven pavement—failure to repair potholes or uneven pavement can cause drivers to lose control, leading to accidents;
• Lack of guardrails —missing or damaged guardrails on dangerous curves or steep embankments increases the risk of serious accidents;
• Water pooling —poor drainage systems can lead to water pooling on roadways, causing vehicles to hydroplane; and
• Lack of signage —missing or inadequate signage can leave drivers unaware of hazards like construction zones or sharp turns.

If you've been involved in an accident due to these or other road defects, a Prince George's Municipal Negligence lawyer can help determine if you have a valid claim against the municipality.

While the LGTCA allows for claims against local governments, there are exceptions and limitations. Municipalities may assert governmental immunity, which protects them from certain types of lawsuits. However, this immunity is not absolute.

Under the LGTCA, municipalities can be held liable for negligent acts but are protected from liability for discretionary actions involving judgment and planning. Decisions about road design may be considered discretionary, whereas failure to maintain existing roads is typically a ministerial duty for which they can be held liable. There are also strict notice requirements. You must provide written notice of your claim to the appropriate government entity within one year of the injury. Failing to meet this requirement can result in your claim being barred.

Pursuing a municipal negligence claim involves several critical steps:

• Immediate action—seek medical attention and document your injuries and the accident scene. Prompt action strengthens your case;
• Notice of claim—provide timely notice to the municipality, complying with the one-year deadline and specific content requirements outlined in the LGTCA;
• Gathering evidence—collect evidence of the municipality's negligence, such as maintenance records, photographs of the road defect, and witness statements; and
• Legal representation—it is essential to work with an experienced attorney for Prince George's Municipal Negligence. The legal process can be complex, and municipalities often have robust defenses.

At Foran & Foran, we understand the challenges of holding municipalities accountable. We are committed to guiding you through the process and advocating for your rights.

If a road defect played a role in your recent car accident, the state or local government in charge of building and maintaining the road may be liable for your damages. The Prince George’s County car accident lawyers at Foran & Foran, P.A. have the experience and resources needed to take on government agencies. We’re familiar with Maryland’s sovereign immunity laws and can help steer your claim around them to ensure your recover the compensation you need to begin moving on with your life. Schedule a free consultation today by calling 301-441-2022 or filling out our secure online contact form. We proudly represent clients in Hyattsville, Bowie, Upper Marlboro, Waldorf, La Plata, Silver Spring, Rockville and the surrounding areas.