Drunk Driving Accidents

State Supreme Court Reverses Plaintiff’s Award for Punitive Damages

October 7, 2015 | Lebowitz & Mzhen

Earlier this month, the Supreme Court of Kentucky handed down a decision that reversed the punitive damages awarded by a jury at trial. In the case, Nissan v. Maddox, the plaintiff was a woman who was injured in an accident while driving her Nissan Pathfinder along the highway. Evidently, a drunk driver struck her vehicle head on, severely injuring both the plaintiff and the other occupant in the vehicle. Mrs. Maddox specifically suffered a tear to her bowel and several broken bones.

Mrs. Maddox filed suit against the driver as well as against Nissan. Relevant to this case was her claim against Nissan, which was that the Pathfinder had a defectively designed restraint system and that the company failed to warn customers about this failure.

Mrs. Maddox, who was 240 pounds at the time of the accident, argued that the restraint system was designed for people of medium weight. She also alleged that the front seat was defectively designed, exacerbating her injuries.

Driver Arrested and Charged with DUI Homicide After Fatal Southern Maryland Accident

September 23, 2015 | Lebowitz & Mzhen

Earlier this month, an Indian Head man was arrested and charged with several DUI-related charges for his involvement in a fatal DUI accident that took place back in April of this year. According to one local news source, the accident took place during the late evening hours of April 28.

Evidently, the man who was recently charged was driving his Chevrolet Silverado northbound on Route 425 when he inexplicably crossed over the center median and collided with a Kia Soul. The two vehicles collided head-on. The driver of the Kia, a 20-year-old Nanjemoy volunteer firefighter, died at the scene of the accident. The driver of the Silverado was also injured, although he was able to recover from his injuries.

After the fatal accident, police suspected the driver of the Silverado of being intoxicated, and they conducted tests to determine if that was the case. Once the tests came back, they indicated that that was indeed the case. Charges were then filed for negligent homicide, homicide by auto, and driving under the influence, and the man was arrested.

After Recovery, DUI Accident Victim Seeks Change in Maryland

August 25, 2015 | Lebowitz & Mzhen

Back in August 2014, Gary Clever was with his family in his daughter’s car when a drunk driver slammed into the vehicle, injuring everyone inside. Gary Clever, however, suffered the worst of it. He needed to be immediately transported to R. Adams Cowley Shock Trauma in Baltimore, where he stayed for two and a half months.

According to one local news source, Mr. Clever remembers the accident and recalls telling his daughter that he was “not going to make it.” He remembers the smell and the feel of his own flesh burning. Initially, upon admission to the hospital, doctors told him that he was paralyzed from the chest down. While his insurance company determined that he was ineligible for care where he was receiving treatment, he has found other alternatives. And with time and a heroic effort, he has improved. He has been using an exercise bike to slowly increase the use of his lower body, with hopes of one day being able to walk again. But Mr. Clever’s work is far from over.

The drunk driver that collided with his daughter’s car that day had been convicted of drunk driving twice prior to this incident. While that driver was insured, Maryland law only requires that a person twice convicted of DUI maintain $30,000 in insurance. However, Mr. Clever maintains that this figure is far from sufficient to help cover injuries like the ones that he sustained.

One Woman Dead, One Man in Critical Condition after Baynes Collision; Alcohol Suspected

August 11, 2015 | Lebowitz & Mzhen

Earlier this month, one woman lost her life and another man is in critical condition following an accident between two cars that occurred in Baynes, Maryland. According to one local news report, the accident took place on Darnestown Road near Whites Ferry Road in the evening hours.

Evidently, the two accident victims were traveling in an SUV that was operated by another male, the boyfriend of the deceased woman. At some point, the SUV crossed over the center line dividing the lanes of oncoming traffic. As the SUV crossed over, it struck a sedan traveling in the opposite direction. The force from the collision caused the SUV to roll over and eventually strike a tree near the roadside.

One of the passengers was ejected from the vehicle, and another was trapped inside. Before emergency workers could respond, a passerby stopped to help the injured accident victims. However, despite their best efforts, the front-seat passenger, a 23-year-old woman, was pronounced dead at the scene of the accident. The other passenger, a 23-year-old male, was still in the hospital in critical condition at the time the article was published.

Underage Drinking May Be Responsible for North Potomac Crash that Claimed Two Teen’s Lives

July 2, 2015 | Lebowitz & Mzhen

Earlier last month in North Potomac, two teens were killed and two others injured in what investigators believe was a drunk driving accident. According to one local news report, the accident occurred on the 13800 block of Dufief Mill Road in North Potomac just before midnight.

Evidently, four teens were traveling together in a car when the driver unsuccessfully negotiated a curve in the roadway. The vehicle left the road, crashing into a tree and a nearby fence before ultimately coming to a rest on its roof. The two back-seat passengers were pronounced dead at the scene by emergency responders. The driver and front-seat passenger both survived the wreck. However, the driver did sustain life-threatening injuries as a result. Police believe that the two teens in the back seat did not have their seatbelts on.

Police have told reporters that they believe alcohol and speed may have been involved in the fatal car accident. Apparently, police also received a lead that the teens were all at a party where they were drinking. Police have made contact with an adult who was allegedly at the home during the time of the party. There is no word on whether that adult will face criminal charges.

Upper Marlboro Man Found Guilty of Son’s Death in Reckless Driving Accident

June 17, 2015 | Lebowitz & Mzhen

Earlier this month in Upper Marlboro, a man who was charged with motor-vehicle manslaughter in relation to an accident that resulted in his son’s death was found guilty and will be sentenced later this year in August. According to one local news report, the man was originally charged with driving under the influence of PCP, but the jury determined that the prosecution failed to prove that crime beyond a reasonable doubt and convicted him only under the motor-vehicle manslaughter charges.

Evidently, the fatal accident occurred on May 9, 2013, when the man charged above lost control of his vehicle. According to court documents, the man was heading south on Bladensburg Road at a high rate of speed. As he attempted to change lanes, he veered across the center line and into oncoming traffic. As he lost control, his vehicle crashed into several other vehicles before colliding with two utility poles, a tree, and ultimately a retaining wall.

In the car at the time of the accident was the man’s son as well as his girlfriend’s daughter. His girlfriend’s daughter sustained minor injuries but recovered. However, the man’s son was not secured in a car seat at the time of the accident and was ejected from the vehicle upon impact. The four-year-old boy died as a result of the injuries he sustained. The driver was also ejected and suffered life-threatening injuries, although he has since recovered.

Pennsylvania Police Search for Maryland Man Allegedly Involved in DUI Hit-and-Run Accident

May 26, 2015 | Lebowitz & Mzhen

Earlier this month, police in Shippensburg, Pennsylvania, were called to the scene of a hit-and-run accident at around three in the morning. According to one local news source, the hit-and-run driver waited at the scene until right before the police arrived and then fled the scene of the accident.

According to one eyewitness who was present at the scene, the driver exited his vehicle after the accident and pleaded with witnesses not to call police. He allegedly told them that he “isn’t drunk” and that he “would give them money” if they didn’t call the police. These same witnesses allegedly told police that they could smell alcohol on the man’s breath before he left the scene moments later.

Witnesses later told police that the driver crashed into several parked cars before disabling his own vehicle. One witness claimed that “it sounded like he bounced off the cars like a ping pong ball.” As the car approached the witness and his girlfriend, the man was forced to push his girlfriend out of the way of the oncoming vehicle.

Nanjemoy DUI Accident Claims the Life of Volunteer Fire Fighter

May 5, 2015 | Lebowitz & Mzhen

Earlier this month in Nanjemoy, Maryland, one woman was killed in a traffic accident when another driver veered over the center line, colliding head-on with the woman’s car. According to a recent news report, the woman was both from Nanjemoy and a member of the Nanjemoy Volunteer Fire Department for the past five years.

Evidently, the volunteer fire fighter was traveling southbound on Maryland Route 425 just after 9:00 pm. At some point, a northbound Chevy Silverado inexplicably crossed over into her lane and collided with her vehicle head-on. The woman was pronounced dead at the scene of the accident. The driver of the Silverado was taken to the hospital, although his injuries were much less serious and he is expected to make a full recovery.

Police told reporters that the driver of the Silverado failed to stay in his lane and crossed over the center line. They also told reporters that they believe alcohol played a role in the fatal accident. Charges against the driver of the Silverado are still pending.

Suspect Blasts Through Annapolis DUI Checkpoint and Injures Three Bystanders in Subsequent Chase

April 16, 2015 | Lebowitz & Mzhen

Three people were injured and one man was arrested on March 17 after an allegedly intoxicated suspect drove through a DUI checkpoint and led police on a high-speed chase. According to a report from NBC affiliate WBAL, the chase continued through the streets of Annapolis, attracting a police helicopter to assist with stopping the suspect. The man eventually crashed into an intersection at a red light, hitting three other cars and causing his own car to go up in flames.

How Did the Chase Begin?

The suspect, a 39-year-old man from Baltimore driving a 2008 Honda Accord, approached a DUI checkpoint being operated by the Maryland State Highway Patrol Office in Annapolis. According to the article, the vehicle plowed into the checkpoint and swerved off erratically, after which authorities gave chase.

The man led police on a chase that resulted in a helicopter being called in. After the helicopter gave chase and the police cars gave the man some distance, he crashed his car as he tried unsuccessfully to drive through an intersection. Three other vehicles were involved, and three people were taken to the hospital with minor injuries. The suspect was not injured and was arrested on charges of DUI, fleeing from police, and assault.

Wrong-Way Accident Kills Two in Queen Anne’s County, Alcohol Suspected to Be a Factor

March 24, 2015 | Lebowitz & Mzhen

Earlier this month in Queen Anne’s county two people were killed in a traffic accident on Route 50 when a car unexpectedly began traveling the wrong way down the highway. According to a report by the local CBS affiliate, police dispatchers received numerous calls about a car driving wildly down Route 50 over the course a few minutes. However, by the time they were able to respond, the damage had been done.

One driver told reporters that she was on Route 50 when the driver flew by at a high rate of speed. At some point shortly after that, she recalls the driver getting into the left lane of traffic and making a wide U-turn into oncoming traffic.

Evidently, the 25-year-old driver who was traveling the wrong way down Route 50 has a history of similar conduct, including a prior DUI and also a prior charge for driving the wrong way on the highway. Unfortunately, this time tragedy ensued when he collided head-on with another car, killing both inside instantly as the car went up in flames.