A skilled Maryland car accident attorney will thoroughly investigate the facts of an accident in order to support the viability of a client’s negligence claim. As illustrated in a February 20, 2018 decision by the Court of Special Appeals of Maryland, the details were crucial in reversing the dismissal of a plaintiff’s car accident case.
The case arose out of a December 2008 motor vehicle collision, which occurred within the federal enclave of a military base. The defendant was driving a government vehicle when she struck the plaintiff’s SUV. At the time of the accident, the defendant was on active duty.
In November 2009, the plaintiff filed a claim with the appropriate federal agency, as required before bringing a lawsuit in federal court against the United States. The matter was transferred to another agency, and the plaintiff subsequently filed her case in federal court in 2011. The federal court dismissed the case, finding that the defendant was not acting within the scope of her employment because she was going to a medical appointment. The plaintiff then filed suit in Maryland circuit court against the defendant and the plaintiff’s own insurance carrier in 2013. The circuit court dismissed the case, ruling that the plaintiff’s claim was barred by the statute of limitations.