Many of the large trucks on Maryland roads are operated by state and local government agencies or are working under a government contract of some kind. These include garbage trucks, fire trucks, mail vehicles, and utility vehicles. Like all other truck drivers, those who operate city, county, or state-owned vehicles owe a duty of care to those around them.
Normally, when a driver violates this duty of care by engaging in some kind of negligent act, that driver can be held liable for any injuries that occurred as a result of their negligence through a Maryland personal injury lawsuit. Indeed, this may also be the case when the operator of the vehicle is a government employee, but issues of government immunity will likely arise.
Historically, governments have been immune from liability stemming from accidents caused by government employees. However, over time, states have enacted laws that “waive” this governmental immunity in some cases. In Maryland, lawmakers passed the Maryland Tort Claims Act, which waives governmental immunity in certain circumstances. Generally, in order for a government employee’s actions to qualify for a waiver of immunity, the allegedly negligent actions must have taken place in the performance of the employee’s duties.