Articles Posted in Drunk Driving Accidents

Sometimes, when car accidents take place, the fault does not always fall entirely on one party. Although one party may share more of the fault proportionally, this situation often gives rise to complicated issues when personal injury claims are at stake. In some states, like Maryland, if you contributed to causing the accident in any way, it could bar you from receiving compensation. Thus, understanding your rights and discussing the circumstances surrounding your accident with an experienced personal injury lawyer is crucial to maximizing the success of your lawsuit.

According to a recent local news report, officers responded to a two-car collision. Based on initial evidence, a Dodge Ram was allegedly speeding when it crashed into the back of a Dodge Caliber. When local authorities arrived on the scene of the accident, the Dodge Ram was attempting to leave the collision site. Police were able to successfully stop the Dodge Ram from leaving, which was occupied by two men and had significant front-end damage. The driver of the Ram was arrested for driving under the influence and transferred to the Maryland State Police department for further investigation.

The second vehicle, the Dodge Caliber, had three people inside. The driver and both passengers were transported to a local hospital for treatment of significant injuries. Local authorities believe that the driver of the Dodge Caliber may have been driving under the influence as well. As charges are pending for both drivers in the accident, the collision remains under investigation.

In the United States, the legal system addresses offenses with two different cases: criminal and civil. While there are many distinctions between these cases, many Maryland accident cases involve both criminal and civil charges. Typically, the differences involve the offenses, standard of proof, punishments and constitutional rights of those accused of an offense.

Generally, criminal cases involve crimes against society as a whole, even if the precipitating event primarily affected one person. For example, while a person may assault one individual, the law considers the assault an offense to society. As such, the state prosecutes these crimes, and the prosecutor files the case instead of the victim. In contrast, the wronged party files the case against the at-fault party in a civil case. Further, civil cases generally result in monetary compensation, whereas criminal cases may include fines in addition to incarceration.

Additionally, the civil system requires the plaintiff to establish their case by a “preponderance of the evidence,” which means that it is more likely than not that the at-fault party engaged in the conduct leading to the lawsuit. Under the criminal system, the prosecution must prove that the defendant was guilty “beyond a reasonable doubt.” Moreover, criminal cases typically allow a jury trial, whereas a judge or jury may decide civil cases. Finally, the constitution provides a wide array of protections to defendants in the criminal system, much broader than those afforded in a civil case.

Despite great improvements in the safety of cars and roadway infrastructure, motor vehicle accidents remain the number one cause of death in the United States for those aged 1-54. Many of these accidents are preventable. Just last week, for example, three people died in a Maryland crash where alcohol was a suspected factor.

The accident took place in Anne Arundel County on a Saturday night. In this single-car crash, an SUV heading westbound was spotted barreling down the road before suddenly exiting the road, flipping upside down, and smashing into a tree. Tragically, all three people in the SUV died on the scene. The youngest was just 31 years old.

Although the most direct causes of the crash appear to have been excessive speed and the driver’s failure to stay in his lane, officials also believe that alcohol was a contributing factor.

Drunk driving is frequently listed as one of the leading causes of Maryland car accidents. Sadly, we take this as a given, as drunk driving accidents are not uncommon. However, every single DUI accident is entirely preventable and, despite the decades-long efforts of lawmakers, people continue to get behind the wheel after having too much to drink.

Consuming alcohol has several negative effects on a driver’s ability to safely operate a motor vehicle. For example, those who consume alcohol have slower reaction times, their judgment becomes clouded, they often get sleepy, and their ability to gauge risk is greatly compromised. The end result is that anytime someone gets behind the wheel after having too much to drink, they place everyone on the road at risk. Drivers who engage in this reckless conduct can—and should—be held accountable for their actions.

DC Teachers’ Union President Legally Impaired Following Fatal Accident

A tragic example of a drunk driving case comes from neighboring Washington, D.C. Back in April of this year, a D.C. musician was fatally struck by a driver while waiting at a traffic light. According to a local news report, the tragic collision took place at the intersection of Crain Highway and Harbour Way in Prince George’s Count. As it turns, out the driver of the striking vehicle was the president of the D.C. Teacher’s Union.

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The weather is getting colder, and the days are getting shorter, which also signals the beginning of the holiday season. While the holiday season is exciting and a source of joy and community for many, it can also be a dangerous time of the year for Maryland drivers. With an increase in family gatherings and alcohol consumption, as well as generally worse driving conditions in the wintry weather, Maryland car accidents caused by drunk or intoxicated drivers are especially concerning in the winter months. Although driving under the influence of drugs and alcohol is against the law in Maryland, people unfortunately still do it all the time, leading to tragic and preventable car accidents.

For example, take a recent Maryland car accident that occurred last month in Churchville in Harford County. According to a local news article covering the incident, a Maryland man was driving home one night just after 8 PM with his fiancé and their two children, 7 and 11 years old. Tragically, on their way home, a driver in a Jeep crashed into the passenger side of their car, hurting his fiancé and his children. His fiancé and his daughter, only 7 years old, were both severely injured and had to be airlifted to Shock Trauma in a nearby hospital for emergency surgery. His fiancé suffered broken ribs and internal bleeding, but is out of the ICU now and expected to recover fully.

Tragically, however, one week later, the young girl was still in the ICU, heavily sedated in a coma and hooked up to a ventilator. Her injuries were substantial—the right side of her body was crushed, and she had multiple broken bones and a severe brain injury. Family and community members are waiting hopefully for a recovery. However, the injuries are so substantial that she will likely still have months of medical care ahead of her, even if she survives. While nothing has been confirmed yet, the police report created after the accident stated that alcohol contributed to the crash.

Driving while under the influence of alcohol or drugs is very dangerous, not to mention illegal. Unfortunately, however, thousands of people still drive while intoxicated in Maryland every year, and many of them end up causing Maryland car accidents as a result. Driving under the influence is dangerous because alcohol and drugs impact your judgment, your decision-making, and your vision. Drunk drivers are more likely to make careless or even reckless driving maneuvers, run red lights, drive the wrong way down the street, or drive at speeds far above the speed limit. These actions can tragically have devastating consequences on the lives of other drivers.

For example, a drunk driver was recently arrested after causing a car crash that killed a mother and sent her two children to the hospital. According to a local news report covering the incident, the driver was driving in the wrong direction on the road when he collided with the victim’s car. She and her two children, ages six and eight, were all rushed to the hospital, where the mother tragically passed away.

This story is tragic, but unfortunately not all that uncommon. According to a recent report, Maryland has 308.7 DUI-related arrests per 100,000 people. The 2018 Maryland Highway Safety Plan reports that from 2011 to 2015, impaired/intoxicated driving caused one in three fatal crashes, one in ten crashes overall, and nearly one in ten crashes resulting in injuries.

In the tragic event of a crash caused by a drunk driver, victims have a range of damages available if they are successful in a lawsuit. A lawsuit against the driver (or others that may be responsible for the crash) permits Maryland car accident victims to recover damages for both economic and non-economic damages. Economic damages, or special damages, are generally the out-of-pocket expenses that a victim incurs, including medical bills, loss of income, loss of earning capacity, transportation costs, future expenses, and others. Non-economic damages, or general damages, are other damages that do not have a fixed dollar value, such as emotional distress, loss of consortium, and pain and suffering.

Maryland has a limit on non-economic damages available in civil cases. As of January 1, 2020, the limit available for non-economic damages was $830,000, although more may be available in some instances. There is no limit on economic damages. Economic and non-economic damages are known as compensatory damages, because they are intended to compensate the plaintiff for the injuries they suffered.

Punitive damages also may be available in some cases. Punitive damages, or exemplary damages, are not meant to compensate the victim, but rather to punish the defendant and to serve as a warning for others. To be awarded punitive damages in a Maryland DUI crash case, a plaintiff has to prove that the defendant had actual knowledge of the wrongful conduct. The plaintiff has to prove punitive damages by the higher clear and convincing evidence standard, while other damages have to prove by a preponderance of the evidence. The plaintiff has the burden to prove damages as an element of the plaintiff’s case. The types of damages available vary depending on the person bringing the claim and the type of claim.