Can I Sue the MTA For a Bus Accident?

Yes. You can make a claim against the State of Maryland in the case of a Maryland Transit Administration (MTA) bus accident, but there are specific rules and procedures that must be followed, due to the doctrine of sovereign immunity.

In Maryland, like in many states, the government has sovereign immunity, which protects it and its agencies from being sued without its consent. However, Maryland has waived its sovereign immunity in certain cases through the Maryland Tort Claims Act (MTCA), which allows individuals to sue the state for damages if specific procedures are followed and deadlines are met.

Who Is Responsible For My MTA Bus Accident Injuries?

Determining responsibility for injuries sustained in a Maryland Transit Authority (MTA) bus accident cases will depend on multiple factors, which are specific to each claim.

According to Maryland statute, any passenger vehicle owned and operated by the State of Maryland is considered a common carrier. That means the MTA and its bus drivers are legally obligated to provide a bus passenger with the highest standard of care.

If the accident was caused by the negligence of the bus driver, or due to a lack of proper maintenance of the bus, the MTA could be held responsible for your damages. There are a number of ways that the MTA common carrier standards may be breached, including:

• Reckless vehicle operation: A bus operator who speeds, drives carelessly, drives while fatigued, or drives under the influence of drugs or alcohol can cause collisions or injuries to passengers, pedestrians, and other drivers.
• Negligent hiring of MTA bus drivers: The MTA is obligated to screen each bus operator for prior reckless driving or driving under the influence convictions.
• Insufficient training: It is the MTA’s responsibility to properly train bus drivers for various road, traffic, and weather conditions.
• Failure to properly maintain an MTA bus: A MTA owned bus that is improperly repaired or maintained can malfunction and cause a crash.

It is also common for MTA bus accident injuries to be the result of the negligence of another vehicle or individual. Other parties who may be named as a third party lawsuits in your MTA bus accident lawsuit include:

• Other motorists
• Road crews
• Construction companies
• Bus manufacturer subcontractors
• Vehicle parts manufacturers
• Vehicle maintenance companies

Can I Sue The MTA Bus Driver?

In Maryland, when you are injured in an accident involving a Maryland Transit Administration (MTA) bus, the process of seeking compensation is generally directed at the MTA as a government entity, rather than the individual bus driver. This is because of the legal principle known as “respondeat superior,” which holds that an employer is responsible for the actions of its employees performed within the scope of their employment.

In most cases, MTA employees are protected from personal lawsuit liability under the state’s sovereign immunity. Sovereign immunity shields Maryland state government employees, including MTA bus drivers, from being personally sued for actions performed on the job. This protection applies even if the state employee’s actions caused injuries to others.

However, there are exceptions to sovereign immunity under Maryland statute. If an injured person can prove that an MTA employed bus driver acted with malice or gross negligence,  which directly caused an accident, it is possible the court may allow them to  be sued personally.

Malice and gross negligence have specific legal definitions that must be met to allow an individual to pursue damages against the bus driver. If you believe the MTA bus driver acted in any type of grossly negligent manner, be sure to inform our attorneys during your free consultation, so we can fully investigate their actions.

How To File a Baltimore MTA Accident Claim

Before you can file an MTA bus accident lawsuit, you must go through a specific claims process outlined in the MTA personal injury claim filing procedures, which first requires a notice of claim letter to be sent before you can formally file an accident lawsuit.

Step 1: Drafting and Submitting a Claim Letter

You must first draft a claim letter to inform the Maryland State Treasurer of the incident, asserting that the State or its employee was at fault for your injuries.

This letter will include your name, address, details of the incident (how, where, and when the injury occurred), a description of the injury, specific damages you are seeking (e.g., a specific monetary amount), and if applicable, your lawyer’s details. The Treasurer’s website has information on delivering the letter or claim form.

This letter to the Treasurer’s Office must be submitted within one year from the date of your injury. If the one-year deadline is missed, you can still file a lawsuit, but the State may argue that its defense capabilities were hindered by the delay, potentially leading to dismissal of your case.

Step 2: Investigation by the Treasurer

After submitting your claim letter, the Treasurer’s Office will conduct an investigation, similar to an insurance company.

If your personal injury lawsuit filing deadline is approaching, you do not need to wait for the Treasurer’s response to file the lawsuit.

Step 3: Filing a Personal Injury Lawsuit

If you decide to take legal action, you have to follow certain rules. This means serving the complaint, summons and any relevant supporting documents per the Maryland Rules. Sending the claim letter does not exempt you from this requirement.

How Long Do I Have to File a Baltimore MTA Accident Lawsuit?

After providing notice to the Maryland treasurer within one year after your injury, the statute of limitations for filing a MTA bus accident lawsuit in Maryland is three years. However, keep in mind that it can take months for the MTA to complete its internal accident investigation. The three year statute of limitations to file an MTA accident lawsuit applies even if the MTA’s investigation is not complete.

You must formally file your MTA bus accident lawsuit before the three year statute of limitations expires, even if the MTA still has not completed its investigation or responded to your notice of claim letter.

Missing the three year deadline to file your MTA accident claim will result in its automatic denial, and you will be barred from receiving compensation for your injuries.

What Evidence Do I Need to Prove My Bus Crash Injuries?

To successfully file a claim for injuries sustained in a Maryland Transit Administration (MTA) bus crash, it’s crucial to gather comprehensive evidence to support your claim. This evidence can be broadly categorized into two groups: evidence from the scene of the accident and evidence collected away from the scene.

Evidence from the Scene

Photographic and Video Evidence:

If possible, take photos or videos of the crash site, including the positions of the vehicles involved, any skid marks, road conditions, traffic signals and the surrounding area. Capture images of the damage to the bus and any other vehicles involved.  If you did not take photos, this evidence may be available from other sources.

Bus Information:

Record the bus number, license plate, and any identifying information about the MTA bus involved.

Witness Information:

Gather contact details of witnesses. Their statements can provide an independent account of how the accident occurred.

Official Reports:

After an MTA bus accident, an investigation may be conducted by local or state police, as well as other entities.  If an investigation was conducted, it is important to obtain a copy of the final report and findings regarding the MTA bus crash.

Personal Notes:

Write down your immediate recollections of the incident, including the time, date, and any specific details you remember. If you are aware of any statements made by the bus driver or MTA officials at the scene, these should also be documented.

Evidence Collected Away from the Scene

Medical Documentation:

Collect all medical records related to the treatment of your MTA bus accident injuries, including emergency room visits, doctor’s notes, diagnoses, treatment plans, prescriptions, and bills. Include documentation of any ongoing or future medical care needed as a result of the injuries.

The absence of documented medical treatment can significantly weaken your case when negotiating with MTA insurance adjusters and defense attorneys. Without proper medical records, these parties may argue that your injuries were not caused by the accident or that the severity of your physical trauma is overstated. This stance could lead to a diminished settlement offer or potentially no offer at all.

Employment Records:

If the injuries caused you to miss work, gather documentation for your lost wages, including pay stubs and a letter from your employer detailing your absence and lost income.

Inspection and Maintenance Records:

If documents show that a bus was not properly repaired or maintained, they could be used as evidence of negligence that caused the accident.

Personal Journal:

Our MTA bus accident lawyers recommend that clients keep a daily journal to document your physical and emotional recovery, pain levels, and any difficulties you face during your daily activities due to the injuries.

By meticulously collecting and organizing these two categories of evidence, you can build a strong foundation for your claim, demonstrating both the circumstances of the accident and the full extent of your injuries and losses.

How Much is a Baltimore MTA Accident Settlement Worth?

There are multiple factors that influence the amount an MTA accident settlement should be, which will depend on the nature of the crash and injuries sustained.

Liability will also be a factor, as Baltimore MTA accident settlement negotiations will be impacted by the amount a jury is likely to award if your case goes to trial.  Factors that should be considered when calculating how much a Baltimore MTA bus accident is worth include:

• Medical Bills: This includes emergency medical care, surgeries, medication, physical therapy, and other rehabilitation costs. In addition, future medical expenses expected as a result of long-term injuries or disabilities are also included.
• Lost Wages: If the injuries suffered from the accident have prevented you from working, either temporarily or permanently, this loss of income will be included in your claim’s value. This not only encompasses immediate lost earnings, but also potential future income, particularly in cases where the victim is unable to return to their previous line of work.
• Property Damage: Any damage to your personal belongings during the accident, including your vehicle, will also be factored into the total compensation.
• Pain and Suffering: Compensation for the physical pain and emotional distress suffered because of the accident. This includes compensation for any long-term psychological impact, such as anxiety, depression, or PTSD.
• Wrongful Death: In the tragic event of a fatality, the victim’s family can pursue compensation for funeral expenses, loss of companionship, and other damages related to the loss of a loved one.

To gain a precise understanding of what your MTA bus accident claim might be worth, we highly recommend scheduling a free consultation with one of our dedicated attorneys.

Damage Caps for Baltimore MTA Bus Accidents

When an injury or wrongful death occurs due to an accident involving a Maryland Transit Authority (MTA) bus, there are specific financial recovery limitations that apply known as Maryland general damage cap laws.

These damage caps are limits on the amount of money that can be awarded in a bus accident case for non-economic damages, like pain and suffering, loss of companionship, and emotional distress. Maryland general damage caps typically fall into one of three categories:

• Economic damages: Economic damages compensate injury victims for monetary losses. They include lost income, diminished earning capacity, and medical expenses. There is no cap on economic damages in Maryland.

Non-economic damages: Commonly referred to as “pain and suffering,” non-economic damages compensate a personal injury victim for the past and future physical and emotional trauma of their injury. There is a cap on non-economic damages in Maryland. The general cap increases by $15,000 every year on October 1. As of July 2024, the non-economic damages cap is currently set at $920,000.

Contact Our MTA Accident Lawyers For a Free Consultation

The MTA bus accident lawyers at Saiontz & Kirk, P.A. have the experience and resources necessary to maximize the compensation you are entitled to, not just what the state tells you they will pay.

If you, a friend or a family member have suffered an MTA bus accident injury, contact an MTA bus accident attorney by completing the form on our website or call our 24-hour toll free hotline at 1-800-522-0102. You will have the opportunity to review any questions or concerns with our Baltimore MTA bus accident attorneys.

CONTACT A BALTIMORE BUS ACCIDENT LAWYER TODAY