Rideshare accident cases in Maryland: the rules and the lawyers

Claims against the State (Maryland Tort Claims Act)1-year claim; 3-year suit

Under the Maryland Tort Claims Act, a claimant must submit a written claim to the State Treasurer or the Treasurer's designee within one year after the injury, the Treasurer must finally deny the claim, and the action must be filed within three years after the cause of action arises1.

Claims against local governments (LGTCA)1-year notice

Under Maryland's Local Government Tort Claims Act, an action for unliquidated damages against a local government or its employees may not be brought unless written notice of the claim, stating the time, place and cause of the injury, is given within one year after the injury2. Notice goes in person or by certified mail, return receipt requested, to the official the statute names for that county or city2.

Fault modelContributory

In Maryland, contributory negligence remains the common-law rule; the Court of Appeals held that although it has the authority to change it, it declined to abrogate “Maryland's long-established common law principle of contributory negligence”3.

Minors and incompetentsLesser of 3 years or the period, after disability ends

In Maryland, when a cause of action accrues to a minor or mental incompetent, the action must be filed within the lesser of three years or the applicable limitations period after the disability is removed4.