240-887-0414
Driving through Southern Maryland requires constant attention. You navigate winding routes like Route 5 or busy intersections along Three Notch Road. Many drivers assume that if a crash happens, it is because a motorist made a mistake. But sometimes the road itself creates danger.
A sharp curve might lack warning signs. A turn lane might merge too abruptly. Drainage issues can lead to standing water, which can cause hydroplaning. When these defects cause an accident, injured drivers often ask a tough question: Can you hold the local government responsible?
The answer is yes, but the legal path is much steeper than suing another driver. Cases against St. Mary’s County or other municipalities involve strict rules, tight deadlines, and a difficult legal barrier known as “governmental immunity.”
The Hurdle of Governmental Immunity
Maryland law treats lawsuits against the government differently from lawsuits against private citizens. You cannot simply file a claim because the road was confusing. You must overcome “governmental immunity.”
This legal doctrine protects municipalities from lawsuits regarding “discretionary” decisions. Planning and designing a road are usually considered discretionary. The government argues that it had to make budgetary and design choices, and that a court should not be able to second-guess them years later.
A 2022 opinion, Audrey Creighton v. Montgomery County, clarifies this distinction. The court looks at whether the government’s action was “governmental” (protected) or “proprietary” (not protected). Decisions about where to put a road or how to design it generally fall under governmental functions. That means the county is often immune from a lawsuit alleging the design itself was bad from the start.
When the Government Loses Protection
Immunity is not absolute. While the government might be protected for the initial design plan, it is generally not protected if it fails to maintain the road or creates a specific danger that serves no public purpose.
Maryland courts distinguish between “design” and “maintenance.” If a stop sign falls down and the county knows about it but fails to fix it, that is a maintenance failure. They can likely be sued for that.
However, proving a design defect remains challenging. The Supreme Court of Maryland affirmed this difficulty in the late 2025 ruling of Mayor & City Council of Baltimore v. Sanjeev Varghese. In this case, the Court held that a municipality’s design choices are immune unless the condition created is “so obviously dangerous that no reasonable person could disagree.” This is a high bar. To win, you generally must prove the municipality created a nuisance or trap and had actual or constructive notice of the defect but failed to act.
Proving the Road Failed Safety Standards
To overcome these immunity defenses, you cannot just say the road felt unsafe. You must generally prove the design violated specific engineering standards accepted in Maryland.
Attorneys and engineers look to the “rules of the road” set by the state. The Maryland Department of Transportation State Highway Administration (MDOT SHA) publishes manuals that dictate how roads should be built.
For example, the MDOT SHA Access Manual provides strict specifications for commercial entrances and channelization. If a municipality approved a driveway or intersection that forced traffic to merge in a way that contradicts these written standards, that deviation can become critical evidence of negligence.
We also look at MDOT’s Manuals on Traffic Control Devices. These documents specify exactly where signs, guardrails, and pavement markings must be installed. If the county failed to place a required warning sign at a sharp curve, it may be liable for the resulting crash.
The Local Government Tort Claims Act (LGTCA)
If the facts support a claim, you must then follow the strict procedural rules of the Local Government Tort Claims Act (LGTCA). This statute sets the ground rules for suing counties and cities in Maryland.
You Must Give Notice
This is the most critical step. You cannot just file a lawsuit two years later. Under the LGTCA, you generally must provide written notice of your claim to the correct government official (often the County Attorney or County Executive) within one year of the injury. If you miss this deadline by even one day, your case is likely over before it begins.
Caps on Damages
The LGTCA also limits the amount of money you can recover. Under current Maryland statutes, a local government’s liability is usually capped. As of 2025/2026, the limit is $400,000 per individual claim and $800,000 per occurrence. Even if a jury awards you millions, the judge will reduce the amount to the statutory limit.
Why You Need Local Representation
Cases involving road design are expensive and technical. They require hiring traffic engineering professionals to analyze the crash scene and compare it against thousands of pages of state regulations.
We have served Southern Maryland since 1985. We know the difference between a state highway and a county road, and we know which local procedural rules apply in St. Mary’s County courts.
Contact Us For A FREE Consultation
If you suspect a dangerous road caused your accident, do not wait. The clock on notice requirements is ticking.
The attorneys here at The Dorsey Law Firm, P.C. have fought for our clients for decades. We are ready to put that knowledge and determination to work for you. We will evaluate the crash, check the road standards, and give you an honest assessment of your options.
Contact The Dorsey Law Firm to schedule your free initial consultation.
Call us today at 240-887-0414
