Who handles Montgomery County cases at our firm?
Founding partners Ryan C. Posey and Jacob M. Lebowitz are admitted in Maryland and Virginia as well as D.C. Our office is in Georgetown, at 3221 M Street NW in Washington, D.C. We do not have an office in Maryland. We meet clients by phone or video, at their home or in the hospital when that is easier, and we appear in Maryland courts, including the courthouses in Rockville.
Where is a Montgomery County injury lawsuit filed?
A negligence case arising from a Montgomery County crash or fall can be filed in the county where it happened, which usually means the Circuit Court for Montgomery County at 50 Maryland Avenue in Rockville (Md. Code, Cts. & Jud. Proc. § 6-202(8)).
The District Court of Maryland has two Montgomery County locations, in Rockville and in Silver Spring. For claims over $5,000 you can choose between the District Court and the Circuit Court, and in a civil case worth $25,000 or less no party may demand a jury (Md. Code, Cts. & Jud. Proc. § 4-402(d) and (e)). Cases against the federal government, and some cases against Metro, are heard in the U.S. District Court for the District of Maryland, whose Southern Division sits in Greenbelt.
Maryland's fault rule has local roots: the 1983 case in which the state's highest court declined to replace contributory negligence with comparative fault began with a student hurt at Gaithersburg Junior High School and was tried in Rockville (Harrison v. Montgomery County Board of Education, 295 Md. 442 (1983)).
How does contributory negligence affect a Montgomery County case?
In Maryland, if you were even slightly negligent and your negligence contributed to your injury, you can be barred from recovering anything, and the state's highest court has declined to change that rule (Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013)). Insurers raise it early.
A pedestrian crossing Rockville Pike or Georgia Avenue "should have waited for the signal." A cyclist on a Bethesda bike lane "was riding too fast." A driver merging onto I-270 "should have seen the truck." We answer with evidence gathered early: signal timing, intersection and bus camera video, Ride On and Metro incident records, and witnesses found before they scatter. Where the facts support it, the last clear chance doctrine can also let an injured person recover.
What if a Ride On bus, county vehicle, or county property caused the injury?
In Montgomery County, written notice of a claim against the county must be given to the County Executive within one year after the injury (Md. Code, Cts. & Jud. Proc. § 5-304(b)(1) and (c)(3)(ii)). That rule, part of the Local Government Tort Claims Act (LGTCA), covers crashes with Ride On buses, county police cruisers, and other county vehicles, and falls caused by county property. The notice must be in writing, state the time, place, and cause of the injury, and be delivered in person or by certified mail, return receipt requested.
The County Executive is the right recipient only when Montgomery County itself is the defendant. Rockville, Gaithersburg, and Takoma Park are separate municipalities, and notice to a municipality goes to its own corporate authorities (§ 5-304(c)(4)). The Maryland-National Capital Park and Planning Commission, which runs county parks and trails, and the Washington Suburban Sanitary Commission are separate local governments under the same act (§ 5-301(d)).
Recoveries against a local government are limited to $400,000 per individual claim and $800,000 for all claims from the same occurrence, and the government cannot be held liable for punitive damages (Md. Code, Cts. & Jud. Proc. § 5-303).
Montgomery County claim paths at a glance
| What caused the injury | Who answers for it | First deadline |
|---|---|---|
| Ride On bus, county police car, county road or sidewalk | Montgomery County | LGTCA notice to the County Executive within 1 year |
| City vehicle or property in Rockville, Gaithersburg, or Takoma Park | That city | LGTCA notice to the city's corporate authorities within 1 year |
| Metrorail or Metrobus | WMATA | Governed by the WMATA Compact, not the LGTCA |
| State employee or a state agency | State of Maryland | Written claim to the State Treasurer within 1 year |
| Federal employee driving a government vehicle | United States | FTCA administrative claim within 2 years |
| Private driver, business, or property owner | Their insurer | Lawsuit within 3 years |
State claims follow the Maryland Tort Claims Act (Md. Code, State Gov't § 12-106(b)). The county is also home to large federal campuses, including the National Institutes of Health and Walter Reed in Bethesda and the FDA in White Oak, and federal claims follow the Federal Tort Claims Act (28 U.S.C. § 2401(b)); see our Federal Tort Claims Act page.
Montgomery County roads and transit where people get hurt
I-270 carries commuter and truck traffic through Rockville, Gaithersburg, and Germantown. The Capital Beltway (I-495) cuts across Bethesda and Silver Spring. MD 355, known along its length as Wisconsin Avenue, Rockville Pike, and Frederick Road, among other names, mixes heavy traffic with shopping centers and Metro stations. Georgia Avenue and Connecticut Avenue run from the D.C. line deep into the county, with wide crossings that are hard on pedestrians.
Transit adds its own claim paths:
- Ride On is the county's bus system, run by the Montgomery County Department of Transportation, along with the Flash bus rapid transit line on US 29. A crash with a Ride On bus is a claim against the county, so the County Executive notice rule applies.
- Metro's Red Line runs both legs through the county, from Bethesda to Shady Grove and from Silver Spring to Glenmont. Metrorail and Metrobus are run by WMATA, an interstate agency that is liable for torts in its proprietary functions but not in its governmental functions (WMATA Compact § 80, Md. Code, Transp. § 10-204). Read more on our WMATA Metro and Metrobus injury claims page.
- The Purple Line, a light rail line that will connect Bethesda, Silver Spring, and Takoma Park with Prince George's County, is still under construction and not carrying passengers as of this update.
Downtown Bethesda and downtown Silver Spring see heavy foot and bike traffic, which brings claims by pedestrians struck in Maryland crosswalks and cyclists and scooter riders. On I-270 and the Beltway, truck crashes can involve federal trucking rules and more than one insurance policy.
How long do you have to file a Montgomery County injury case?
In Maryland, you generally have three years from the date the claim accrues to file a personal injury lawsuit (Md. Code, Cts. & Jud. Proc. § 5-101). But the notice deadlines described above come much sooner: one year for the county, a city, or the State, and two years for a federal claim.
What insurance and damages rules apply?
Maryland auto policies must include personal injury protection (PIP) unless the first named insured waives it in writing, with minimum benefits of $2,500 for medical expenses and 85% of lost income incurred within three years of the crash (Md. Code, Ins. § 19-505; § 19-506). PIP can also cover a pedestrian or cyclist struck by an insured vehicle.
Maryland caps noneconomic damages such as pain and suffering. For causes of action arising from October 1, 2026 through September 30, 2027, the cap is $980,000; it was $965,000 for the year before (Md. Code, Cts. & Jud. Proc. § 11-108(b)). The cap does not apply to economic losses such as medical bills and lost wages. When the at-fault driver's coverage is too small, your own policy may help; see Maryland uninsured and underinsured motorist claims.
Maryland injury cases we handle
Frequently asked questions
Do I have to notify Montgomery County if a Ride On bus hit me?
Yes. Written notice of a claim against Montgomery County must be given to the County Executive within one year after the injury under the Local Government Tort Claims Act (Md. Code, Cts. & Jud. Proc. § 5-304). The notice must state the time, place, and cause of the injury and be delivered in person or by certified mail, return receipt requested. Ride On is run by the county's Department of Transportation, so this rule applies to Ride On crashes.
I was hit by a City of Rockville or Gaithersburg vehicle. Does the County Executive get the notice?
No. Rockville, Gaithersburg, and Takoma Park are separate municipalities, and LGTCA notice for a claim against a city goes to that city's corporate authorities within one year (Md. Code, Cts. & Jud. Proc. § 5-304(c)(4)). The County Executive is the recipient only when Montgomery County itself is responsible. Sending notice to the wrong office is a common and avoidable mistake.
Where will my Montgomery County injury case be filed?
Most serious injury cases from Montgomery County are filed in the Circuit Court for Montgomery County at 50 Maryland Avenue in Rockville, because a negligence case may be brought where it arose (Md. Code, Cts. & Jud. Proc. § 6-202(8)). Smaller claims can go to the District Court in Rockville or Silver Spring, which decides cases without a jury. Claims against the federal government go to the federal court in Greenbelt.
Can I still recover if I was partly at fault for a crash in Bethesda or Silver Spring?
Possibly not, which is why the facts matter so much. Maryland follows contributory negligence, so any negligence of yours that contributed to the injury can bar recovery, and the state's highest court declined to change that rule in Coleman v. Soccer Association of Columbia (2013). We answer that defense with early evidence such as video, signal timing, and witnesses, and with the last clear chance doctrine where it fits.
Will my own PIP coverage pay if I was hit while walking in Montgomery County?
Often, yes. Maryland auto policies must include PIP unless the first named insured waives it in writing, and it can cover a pedestrian struck by an insured vehicle, with minimum benefits of $2,500 for medical bills and lost income (Md. Code, Ins. § 19-505). We help clients find every PIP policy that may apply.
Does Posey Lebowitz have an office in Montgomery County?
No. Our only office is in Georgetown, at 3221 M Street NW in Washington, D.C. We meet Montgomery County clients by phone or video, at their home or in the hospital when that is easier, and we appear in Maryland courts. Ryan Posey and Jacob Lebowitz are admitted in Maryland.
Related reading
- Maryland's contributory negligence rule survives: what Coleman means for injured people
- The LGTCA notice letter and the one-year trap in claims against Maryland counties
- Maryland PIP: the no-fault coverage most crash victims forget
- Dooring and bike lanes: what Maryland law says when a car door opens on a cyclist
- Texting and driving in Maryland: Jake's Law and the handheld ban
- DMV Injury Guide: injured by a government vehicle, on Metro, or on public property
- DMV Injury Guide: contributory negligence, the rule that decides most DMV cases
Talk to a Maryland injury lawyer today
If a Ride On bus, county vehicle, or county property was involved, the County Executive must receive written notice within one year, and evidence like bus video can disappear much sooner. Call us early so the right notice goes to the right office.
Posey Lebowitz PLLC · 3221 M Street NW, Washington, DC 20007
Call (202) 524-0123 or request a free consultation. No fee unless we win your injury case.
Our office is in Georgetown, at 3221 M Street NW in Washington, D.C. We meet clients by phone or video, at their home or in the hospital when that is easier, and we appear in Maryland and Virginia courts.
More than $32 million recovered.
Plus more than $22 million in other assets.
Across more than 250 matters, in the District of Columbia, Maryland, and Virginia.
These case results are examples of matters handled by Posey Lebowitz PLLC. The outcome of any case depends on the specific facts and legal circumstances of that case. These results do not guarantee or predict a similar result in any future matter. Amounts shown are gross recoveries before attorney's fees, case expenses, and medical liens. Asset values are stated as of 2026 and will change.
Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.