Maryland Car Accident Attorney Blog

Uninsured/Underinsured Motorist Coverage after a Maryland Car Accident

February 19, 2020 | Lebowitz & Mzhen

After a car accident, injured motorists, passengers, and bystanders are often left with significant property damage, physical wounds, and psychological trauma. The aftermath of these accidents can leave injury victims and their families with substantial financial obligations. Maryland car accident victims often rely on the at-fault party or their insurance company to cover the victim’s losses. However, in many situations, the at-fault party may deny liability and refuse to pay, or their insurance coverage may not adequately cover the victim’s losses. In these cases, car accident victims may be able to recover under their uninsured/underinsured motorist (UM) coverage.

In Maryland, UM coverage provides policyholders with protection if they are involved in an accident with an at-fault driver whose insurance coverage does not sufficiently cover the victim’s injuries. UM coverage can also cover injury victims in instances where the at-fault driver leaves the scene of the accident without providing identifying information.

In addition to liability insurance, and personal injury protection, Maryland law requires that motorists carry UM coverage that is at least $30,000 per person and $60,000 per incident, or a $75,000 combined limit. However, this amount may be higher because UM coverage must match the amount of standard liability coverage a motorist carries. Moreover, if a policyholder purchases higher levels of liability coverage, their UM coverage must increase to the same amount, unless the insured specifically chooses less UM protection. Even if the policyholder chooses UM coverage less than their liability coverage, the amount must still meet minimum requirements.

Uber Driver Causes Multi-Car Injury Accident; Charged with DUI

February 19, 2020 | Lebowitz & Mzhen

The ridesharing industry has been growing in leaps and bounds since it hit the scene a decade ago. What Uber and Lyft have done is to shake up the taxi and hired car market in ways nobody imagined at the beginning of this millennium, yet aside from an increase in availability and relatively affordable individualized transportation, other aspects of the industry are not much changed when it comes to day-to-day operation.

As with any taxi service — be it the old traditional yellow cabs of the past century or the app-driven ride-hailing services of today — road accidents can and do happen with almost clockwork certainty. Whether your cabbie works for a large taxi fleet based out of Baltimore or an independent hack working in the Annapolis or Rockville area, the human behind the wheel is subject to the same physical and mental limitations as they have always been.

Case in point, the story of an Illinois Uber operator who was allegedly impaired by alcohol when his vehicle strayed into oncoming traffic and smashed head-on into a handful of cars in the opposing traffic lanes. This multi-car collision resulted in numerous injuries — several of the victims were taken to local emergency rooms for treatment of thankfully non-life-threatening injuries.

Uber Passenger Killed in Car Crash; Driver Charged with Misdemeanor Death by Vehicle

February 19, 2020 | Lebowitz & Mzhen

Ridesharing company Uber employs thousands of cyber taxi drivers in states like Maryland and cities such as Baltimore and Washington, D.C. The company’s online ride-hailing service, like its competitor Lyft, has had a huge impact on the urban commuting landscape by making public taxi services available with just a press of a button on any smartphone. But while this relatively new way of catching a ride across Maryland and the surrounding area much easier, the risks to passengers is still the same as has always been when traveling in a taxi cab, rented limousine or other passenger vehicle available for hire.

Take, for example, a recent out-of-state report of a 40-year-old woman who was killed when the Uber vehicle in which she was riding went out of control and crashed, throwing the unbelted victim from the vehicle. This situation in North Carolina points up the potential dangers that confront any taxi passenger, not only those who ride in a Lyft or Uber vehicle.

Although we often hear about the risks involved with taking a taxi ride across town, it is not until one actually sees the results of a serious traffic accident that has taken the life of an innocent person that we begin to feel the gravity of such random and sometimes life-changing events here in the Baltimore area. Knowing that a quick cab ride can actually lead to a serious injury accident can serve to focus our attention on the aftermath of such a tragic incident and cause us to consider the long-lasting impact on victims and their families.

Do Maryland Motorists Have a Duty to Protect Others from Harm?

February 11, 2020 | Lebowitz & Mzhen

Although people generally must act reasonably so as not to harm others, you may wonder if that extends to protecting others from harm. In the context of a Maryland negligence claim, a plaintiff bears the burden of proving the claim, which includes proving that the defendant owed the plaintiff a duty to protect the plaintiff from injury. Maryland courts have characterized the concept of duty as “an obligation, to which the law will give recognition and effect, to conform to a particular standard of conduct toward another.” Whether a duty exists depends on the specific facts and circumstances of the case.

Courts consider, among other things, whether the harm was foreseeable to the plaintiff, and the relationship between the defendant’s conduct and the injury. However, people do not have a general duty to the public at large to protect it against the actions of others. This was illustrated in a recent appellate case, in which the plaintiff claimed that a driver who had pulled over on the side of the road to help another stranded driver should have put out warnings to alert the plaintiff to the presence of the vehicles.

In that case, a pickup truck driver with an attached trailer experienced an electrical failure and pulled onto the shoulder of the highway. It was nighttime and the lights on the truck were not on due to the electrical failure. As another driver was passing by, he saw the truck and trailer and pulled over to help. A third vehicle was passing by, and veered off the highway and crashed into the trailer. The plaintiff was a passenger in the third vehicle. He sued the drivers, and a trial court dismissed the case.

The Act of God Defense in Maryland Car Accident Cases

February 4, 2020 | Lebowitz & Mzhen

Most people know that Maryland law allows those injured in car accidents to bring a civil negligence suit against the responsible party. What is less commonly known, however, is that the law also provides a variety of “affirmative defenses” that a defendant can use to defend themselves. Affirmative defenses, if proven, can shield a defendant from civil liability even if they would otherwise be held responsible for the accident. Understanding these defenses is important, as defendants may raise one or more of them in any civil negligence suit arising from Maryland car accidents.

One important affirmative defense is the “act of God defense.” To claim this, the defendant must prove that the accident was caused by an act of God, rather than the defendant. What exactly constitutes an act of God? Typically, the term is limited to unstoppable and unexpected physical and/or natural forces, such as lightning, earthquakes, meteors, sudden death or illness, or other such events. The key is that the cause of the accident was not an act of the defendant, but an act of God, or the universe.

A state appellate court recently issued an opinion considering the act of God defense in a car accident case. According to the court’s written opinion, the defendant driver was a 16-year-old girl, turning into Costco one afternoon. As she turned right into the parking lot, she, unfortunately, hit the plaintiff, who was walking his dog and crossing the parking lot entrance. The plaintiff was transported to the hospital, and subsequently had serious injuries, making him unable to work.

When Can a Maryland City Be Held Responsible for its Employees?

January 28, 2020 | Lebowitz & Mzhen

Maryland car accident claims that are filed against state and local governments can pose additional obstacles. In general, state and local governments are immune from suit, unless immunity is waived. In cases against Maryland cities and their employees, the cities are immune from suit unless the person involved in the accident was carrying out certain duties. Cities and other local governments are normally protected while performing governmental functions, as opposed to proprietary functions. Governmental functions are considered by courts to be functions that are solely for public benefit, do not have an element of private interest, and are sanctioned by the legislature.

When an employee is carrying out a proprietary function of the government, a city is liable for the acts of the employees as long as they are acting within their official capacity. This means that city employees are generally protected as individuals as long as they are acting within the scope of their employment and are not acting with malice or gross negligence. Under the Maryland Tort Claims Act, a claimant generally must submit a claim in writing to the state’s treasurer within one year of the injury. If the treasurer denies the claim, then the claim can be filed in court within three years.

One recent case was dismissed against the city after a city employee hit and killed a pedestrian. The employee was on his way to work at his job at a water treatment plant and was driving his own car. His job rarely required him to travel for work and he was not required to use his car at work. The pedestrian’s surviving family filed a claim against the city, arguing that the city was liable for the pedestrian’s death.

What To Do When Insurance Companies Act in Bad Faith Following a Maryland Car Accident

January 21, 2020 | Lebowitz & Mzhen

Maryland law requires every driver to purchase auto insurance, which ideally should cover them for damages caused in an accident. But anyone who has dealt with an insurance company in the wake of a Maryland car accident knows that insurers are notoriously difficult to work with. Sometimes, insurance companies will deny worthy claims against them, in the hopes that accident victims will lack the resources and knowledge needed to compel them to pay, and will instead give up.

For example, if Driver A gets into an accident with Driver B, and Driver B was at fault, Driver A may be able to recover for his medical expenses from Driver B’s insurance company. However, Driver B’s insurance company has an interest in paying as little as possible. In situations such as this, the insurance company may deny the claim and refuse to pay, sometimes without even giving a reason. Driver B may not be able to pay the claims on his own, and Driver A is then left with outstanding medical bills.

Driver A and Driver B may both feel frustrated in this case—they purchased auto insurance and followed the rules, and yet they still were not covered when an accident happened. In these cases, however, a lesser-known legal doctrine may come into play. When insurance companies deny worthy claims, they may be acting in “bad faith.” Acting in bad faith means they are violating their legal duty to act in “good faith” towards their clients, denying meritorious claims or otherwise operating in a deceitful manner to try and limit their liability. Importantly, both Driver A and Driver B may have a claim of bad faith against the insurance company. If they can prove bad faith, they may be entitled to the actual damages suffered by the accident victim and monetary compensation for the cost of litigation, such as attorney’s fees.

Liability of Drivers Passing School Buses in Maryland Car Accident Cases

January 15, 2020 | Lebowitz & Mzhen

During a six-month period last school year, 12 children were killed and 47 were injured through the country while getting on and off school buses. According to AAA Mid-Atlantic, 133 pedestrians were killed in Maryland car accidents and 214 students were injured as they were walking during school arrival and dismissal times. The Maryland State Department of Education reported 3,812 incidents involving vehicles passing a stopped school bus with their lights activated during a one-day survey of bus drivers.

Section 21-706 of the Maryland Transportation Code states that if a school vehicle is stopped and is flashing red lights, a driver must stop for the school vehicle at least 20 feet from the front or the rear of the vehicle, depending on the direction of the driver. A driver must remain stopped and cannot proceed until the school vehicle resumes driving or deactivates the flashing red lights. A bus will normally flash yellow lights to indicate that the bus is preparing to load or unload children, and motorists are supposed to slow down and be prepared to stop. Last year, Maryland imposed a new $500 maximum penalty for drivers caught on school bus stop-arm cameras for failing to stop when required.

If a child is injured in a car accident while getting on or off the school bus, or on the way to school, the driver of the car that struck them may be held responsible for any resulting injuries. A personal injury claim against a driver would allow an injured victim to recover damages such as medical bills, as well as compensation for their pain and suffering damages. As the following article shows, such accidents occur all too frequently. In that case, a student was hit and seriously injured as a driver passed a school bus as the student was boarding the bus.

Can the Maryland Government Be Liable for a Roadside Hazard?

January 6, 2020 | Lebowitz & Mzhen

Maryland property owners generally maintain the responsibility to keep their property safe for people whom they invite onto their property. If an individual suffers injuries on an owner’s property, the property owner or occupier may be liable for the damages that the visitor sustained. Under Maryland personal injury law, accident victims who want to hold a property owner responsible for their injuries must be able to establish four main factors:

The property owner had a duty to keep their property safe from dangers;
The owner failed to abide by that duty;
The dangerous condition caused the victim’s injuries; and
The victim’s injuries resulted in damages.

In some cases, this also applies to roadside hazards. However, challenges may arise when the negligent party is a governmental entity, such as a city, county, state, or federal agency. Historically, under the theory of sovereign immunity, Maryland government agencies cannot face liability without their consent. However, to address this fundamental unfairness, Maryland lawmakers established the Maryland Tort Claims Act, which waives governmental immunity in specific instances.

To determine whether a Maryland governmental agency or official can face liability, the courts will analyze whether the party was engaging in discretionary or ministerial duties. Discretionary duties occur when a governmental agent or employee chooses between different options. Accident victims who suffer damages because of a governmental agency’s discretionary duty cannot hold the government liable. On the other hand, ministerial duties are those that do not require any judgment calls or independent decision-making. Accident victims can recover damages that they sustained because of a negligent government official’s ministerial decision-making.

Maryland Texting While Driving Citations Remain Rare, Despite High Number of Fatalities

December 27, 2019 | Lebowitz & Mzhen

Texting while driving remains a serious issue throughout the country. Despite the seriousness of the issue, prosecutions of drivers remain rare, and proving that a driver was using their phone can be tricky in Maryland car accident cases. Without proof that a driver sent a message just before a crash, it can be hard to show that a driver was using their phone, including reading a text message.

According to a recent news report, a woman was recently convicted of vehicular homicide in a rare texting while driving prosecution. In that case, a woman was out for a walk during a break from her job when she was hit by a car. A driver believed to have been texting had rear-ended another car, which crashed into the pedestrian. The crash occurred at around 8:20 a.m. on a weekday in September. The driver was charged with vehicular homicide because she was texting while driving, and a jury recently convicted the driver after a trial. The case was believed to be the first in which a jury considered whether texting while driving could be considered akin to drunk driving.

The driver’s trial centered on whether the driver had been texting while driving. The driver had received a text asking her about dinner plans. The prosecution argued that she had read the text and had typed the letters “m” and “e” as part of her response. The driver claimed that she was not texting at the time of the crash. She said that she had typed those letters but did not remember when and was planning to call the person instead. The driver testified that she had looked down to turn on a window defogger and that when she looked up, the other car was “right in front” of her.