In December of 2007 a college student from the University of Maryland was on his way to take a final exam when his vehicle was struck by a police officer. As a result of the collision the University of Maryland student was killed. The family of the decedent filed suit against the Prince George's County Police Department stating that it was negligent. Prince George's County argued that the student was contributory negligent. A civil jury found in favor of the decedent's family and awarded $4 Million dollars in damages.
It is important to note that Maryland recognizes contributory negligence. This means thatif you are found to be at least partially (or at least 1%) at fault, you cannot recover for your damages.
The award of compensation was later reduced to substantially due to the Local Government Tort Claims Act. This law states that the exposure of local government agencies are limited to $200,000 per individual claim or $500,000.00 for total claims for the same accident. Therefore,although the Court may have awarded compensation for the family of the decedent, the award was substantially reduced to the current rules and regulations.
If you, a family member, or someone you know has been injured in an automobile accident with a government vehicle or if you would like more information on car accidents, please contact Portner & Shure for a free consultation.