Maryland Car Accident Attorney Blog
When a loved one loses their life in a hit-and-run crash, families face heartbreak compounded by unanswered questions. Maryland law provides avenues for justice and accountability, even when the driver leaves the scene. Wrongful death claims stemming from hit-and-run incidents involve unique challenges, but legal options remain available to seek compensation and closure.
In cases like the recent tragedy in Ellicott City, where a woman was fatally struck while using a pedestrian crosswalk, identifying the at-fault driver becomes a priority. Maryland law allows surviving family members to pursue compensation for financial losses, emotional anguish, and more. While locating the responsible party presents obstacles, legal tools and resources can assist in holding drivers accountable. This process may involve analyzing traffic camera footage, gathering witness statements, and using forensic evidence from the crash site to clearly understand what occurred. Legal support can help families ensure all available avenues for justice are explored.
What Maryland Law Says About Hit-and-Run Accidents
Failing to remain at the scene of an accident violates Maryland Transportation Code § 20-102. This statute requires drivers involved in a collision to stop, render aid, and exchange information. When someone flees after causing a fatal accident, they not only violate traffic laws but also inflict further harm by delaying assistance to the victim. This delay can significantly impact the outcome for the injured person, potentially worsening their chances of survival or recovery.
Hit-and-run drivers face both criminal and civil liability. While police investigations focus on locating and prosecuting the individual, wrongful death claims address the needs of surviving family members. A successful claim can provide financial relief, including funeral costs, lost income, and compensation for emotional suffering. These claims also serve as a critical way for families to hold negligent individuals accountable and seek justice for their loved one’s untimely death.
Challenges in Wrongful Death Claims from Hit-and-Run Accidents
Unlike standard car accidents, hit-and-run cases create unique challenges in identifying the responsible party. Without identifying the driver, pursuing a wrongful death lawsuit directly against the individual responsible becomes extremely difficult. Investigations often rely on eyewitness accounts, surveillance footage, and forensic evidence, such as vehicle debris, to piece together what happened. While these efforts can take time, they are critical in seeking justice.
Even when the driver remains unidentified, families still have options. Maryland’s uninsured motorist (UM) coverage can help fill the financial gap. If the deceased carried UM insurance or was covered under a family member’s policy, this coverage may provide compensation for medical expenses, funeral costs, and loss of future income. Consulting with an attorney ensures all possible avenues for recovery are pursued, offering families support and relief during a painful time.
How Does Maryland Define Wrongful Death Damages?
Under Maryland Courts & Judicial Proceedings Code § 3-904, wrongful death claims allow family members to recover damages for their loss. Two categories of damages exist: economic and non-economic.
Economic damages cover measurable financial losses, including funeral and burial expenses, medical bills incurred before death, and the loss of future earnings. These damages aim to address the tangible costs families face after losing a loved one. On the other hand, non-economic damages focus on the emotional impact of such a loss. They provide compensation for mental anguish, loss of companionship, and pain and suffering. In Maryland, non-economic damages in wrongful death claims are capped. Starting October 1, 2024, Maryland limits non-economic damages in personal injury and wrongful death cases to $950,000 for individual claims. This amount increases annually by $15,000 on October 1st. By October 1, 2025, the cap will reach $965,000. For wrongful death claims involving two or more beneficiaries, the limit is 150% of the standard cap. This means the amount is $1,425,000 as of October 1, 2024, and will rise to $1,447,500 on October 1, 2025.
Contact the Dedicated Maryland Injury Lawyers at Lebowitz & Mzhen to Learn More
If you or a loved one was recently injured due to another’s negligence, it’s important you take a few minutes to learn about your rights and what you can do to hold the at-fault party accountable. At Lebowitz & Mzhen, we have decades of combined experience handling all types of personal injury, wrongful death, and medical malpractice lawsuits on behalf of clients throughout Maryland and Washington, D.C. To learn more and to schedule a free consultation today, give us a call at 800-654-1949. You can also connect with us through our secure online contact form.