Maryland Car Accident Attorney Blog

Car Splits in Half, Killing Two, After Getting into an Accident with a Taxi

January 27, 2014 | Lebowitz & Mzhen

Earlier this week, an accident near the Landover Metro Station left an Acura split in half and both of its occupants dead. According to a report by WTOP, the driver of the Acura was heading in the opposite direction as a taxi when the driver of the Acura lost control and crossed into oncoming traffic. Apparently, the Acura collided with the taxi and then continued into a telephone pole that split the car in two.

Both the driver of the Acura and his passenger were pronounced dead at the scene. The taxi driver was taken to the hospital with non-life-threatening injuries and is expected to recover. Police believe that speed played a part in the accident, as well as the slippery condition of the road.

Speed Is a Leading Cause of Fatal Maryland Car Accidents

It probably does not come as a surprise to anyone, but speeding is a leading cause of traffic accidents and traffic deaths in Maryland. According to some studies, speed is a factor in about one-third of all fatal accidents. While speeding is never a good or safe idea, it is even more dangerous when the road conditions are slick, icy, or snow-covered, as they have been for much of the past few months.

Pedestrian Killed in Prince George’s County Accident

January 20, 2014 | Lebowitz & Mzhen

Just a few days ago a 24-year-old male pedestrian was killed when a car lost control, jumped a curb, and crashed into the man. According to a report from the local ABC affiliate, the accident occurred shortly before 7:00 a.m. on the 4800 block of Rhode Island Avenue in Hyattsville when the woman’s car inexplicably crossed the median, went up over the curb, hit the pedestrian, and then ran into an upholstery shop.

Police are still trying to determine what exactly happened. However, several witnesses reported that there had been a patch of ice at this particular location for about a month. Further investigation discovered that there were two pipe leaks in the area, one discovered January 7th and the other January 9th. Both leaks have since been repaired. The driver has not been cited for any traffic violation.

Civil Liability When Multiple Parties Are At Fault

Not all accidents are caused by just one person’s negligence or mistake. For example, take the case above, both the driver and the party responsible for the operation of the leaking pipes might be responsible for the pedestrian’s death.

Four-Car Accident Sends One to the Hospital in Baltimore

January 13, 2014 | Lebowitz & Mzhen

Last month, a four-car accident in Baltimore sent one person to the hospital in what witnesses describe as a “chain reaction” of rear-end collisions. According to a report by the Baltimore Sun, the accident occurred near Jones Junction and the Bel Air police barracks. Apparently, one car slammed into another car that was stopped at a red light at the intersection near Harford Road. After that, the car in front crashed into the car in front of it. Then that car was pushed into the car in front of it. A total of four cars were involved in the accident.

One driver was taken to the hospital. At the time of the report, police were still investigating the cause of the accident and whether drugs or alcohol was involved.

Following Too Closely is a Citable Offense in Maryland

Let’s face it, no one probably knows all the traffic laws in Maryland; we generally all just try and do our best when we’re driving out there and hope for the best. However, one offense that many Marylanders are unaware of—but should be aware of—is following behind another vehicle too closely.

Should Interlock Ignition Devices Be Required for Drunk Drivers?

January 6, 2014 | Lebowitz & Mzhen

It’s common knowledge that drunk driving is the cause of countless accidents across Maryland, many of which result in serious injury. For the most part, the State of Maryland takes drunk driving offenses very seriously due to the danger it presents to everyone on the road. However, unlike many other states, Maryland does not require that those who have been convicted of a DUI offense install an interlock ignition device on their vehicle as a precondition to driving.

What Is an Interlock Ignition Device?

An Interlock Ignition Device (IID) is a small box affixed to a vehicle’s dashboard that measures the driver’s blood alcohol content and prevents the car from starting if the driver has even a trace amount of alcohol on his or her breath. In vehicles with IIDs, before starting the car the driver must blow into a tube that sends the driver’s breath into a box that measures the driver’s blood alcohol content. If the driver “passes” then the car starts normally. If the driver “fails” then the car will not start and that information is stored on the device for later extraction.

Do IIDs Have Any Affect on DUI Arrests and Accidents?

Most likely, the answer is yes. In fact, some suggest that requiring those drivers convicted of a DUI offense to install a IID on their vehicle decreases repeat DUI offenses by up to 65% because it actually prevents drivers from getting behind the wheel while intoxicated. In addition, requiring an IID for DUI offenders does not cost the State anything because the driver is required to install and maintain the device at their own expense.

District Court Decision Affirms Importance of Knowing the Terms of your Car Insurance Policy

December 27, 2013 | Lebowitz & Mzhen

In a recent district court case in West Virginia, the court reached an opinion, which demonstrates the absolute importance of understanding the terms of your car insurance policy.

In the case, Lewis v. Likens, Dist. Court, SD W. Va. (2013), an elderly resident of an unlicensed nursing home facility was being driven by a volunteer of the home when the driver pulled out in front of a UPS tractor trailer, causing a collision that killed the resident.

The decedent’s daughter filed a lawsuit following the accident, alleging the volunteer’s liability for her wrongful death, and alleging that her own uninsured motorist policy should cover her mother, and that she sought to collect under that policy. She additionally sought a declaration that her mother resided primarily with her at the time of the collision, and that thus she would be covered by the terms of the policy.

U.S. Court of Appeals Affirms Judgment in Favor of Defendant in Maryland Contributory Negligence Case

December 18, 2013 | Lebowitz & Mzhen

The U.S. Court of Appeals for the Fourth Circuit reached a decision this year regarding Maryland’s contributory negligence bar to recovery in any personal injury action.

In the case, Saravia v. Chen, U.S. Ct. App., 4th Cir. (2013), the plaintiffs filed a negligence and wrongful death action following a fatal car accident. At trial, the district court granted the summary motion of defendants (a bus driver and his employer), concluding that the decedent’s contributory negligence barred any recovery.

On appeal, the plaintiffs argued that the district court erred in granting summary judgment on several bases.

Appeal Planned in $1 Million Judgment Stemming from Seeder-Planter Car Collision Personal Injury Lawsuit

December 11, 2013 | Lebowitz & Mzhen

Defense attorneys in a personal injury case that involved a seeder-planter and a car that caused one individual to lose an eye announced their plans to appeal the judgment to Maryland’s Court of Special Appeals. The judgment, at just over $1 million, is reportedly the largest known judgment for a case of this kind reached in the Lower Shore area.

The decision regarding liability was handed down in October, ordering the defendants to pay the plaintiffs $1,026,786 in damages. The defense attorneys stated that the decision to appeal followed a hearing in early November, denying the defense attorneys’ motions to dismiss and for a new trial.

While the ruling itself is not yet readily available, the reports on the case reveal the details regarding the outcome of the case, and the planned basis for the appeal.

Maryland Appeals Court Affirms Exclusion of Testimony Regarding Defendant’s Conduct Following Car Accident

December 4, 2013 | Lebowitz & Mzhen

In a ruling earlier this year, the Court of Special Appeals of Maryland clarified the nature of damages available for emotional distress, and Maryland’s stance on recovery for Intentional Infliction of Emotional Distress.

The case, Alban v. FIELS, 61 A. 3d 867 (2013), involved a car accident between two passenger trucks that occurred in Baltimore in 2009. According to witnesses, the driver of a white truck struck the truck of the plaintiffs (Albans), and then fled the scene. However, given that he was proceeding on a dead end street, he was perceived turning around, driving past the accident, and laughing or smirking. He was also reportedly seen smirking at a nearby convenience store where at least one witness had followed him following the collision.

At trial, the plaintiffs filed a lawsuit with various claims arising out of negligence, including psychological damage endured by Ms. Alban. The defendant did not contest liability for negligence in the accident, and the case was tried on the issue of compensatory damages. A jury awarded the couple as follows: non-economic damages in the amount of $5,000 to Ms. Alban, “zero” damages to Mr. Alban, and noneconomic damages in the amount of $5,000 to both the Albans for their joint claim for loss of consortium. The trial court entered judgment for $10,000 plus costs.

Texters Could Potentially Face Liability for Sending Messages to Drivers Later Involved in Car Accidents, State Court Rules

November 26, 2013 | Lebowitz & Mzhen

In a recent car accident case, Kubert v. Best, et. al, Sup. Ct. NJ, App. Div. (2013) , a New Jersey appeals court examined whether an individual sending text messages to a driver may be held liable for any resulting accidents caused as a result. The state has laws forbidding texting while driving, as we have in Maryland.

The panel of judges created a new standard of liability in the case, which involved a car accident that took place in 2009. The accident occurred when an 18 year old young man accidentally crossed the center line, colliding into a motorcycle that was carrying a husband and wife. The accident caused both of the individuals to lose their left legs, as a result of the injuries they sustained in the crash.

Later obtained evidence, including phone records, demonstrated that the driver had been actively texting with a 17 year old female friend. After the injured couple settled with the driver in the accident, they claimed that the young woman was also at fault in the accident, for distracting the driver with texts. The trial judge found that the young girl did not owe the injured couple any duty to stop texting, even if she knew that the young man was driving.

Husband Sues Wife’s Employer for Wrongful Death Following Tragic Car Accident

November 19, 2013 | Lebowitz & Mzhen

In an unorthodox twist to the typical car accident fatality case, an Ohio man is suing his wife’s former employer, claiming that they are responsible for causing the single vehicle accident that killed her.

The lawsuit, Jasper et. al v. Jewish Hospital et. al, details the hospital’s procedures of regularly requiring the woman, and other nurses, to work in excess of their regularly scheduled hours. Additionally, because the woman had special certifications, she was regularly called in during her supposed off time to conduct trainings, or to work when the hospital was understaffed, which was reportedly often.

According to the complaint, on March 16, 2013, “Ms. Jasper was killed when her vehicle suddenly departed from the road, ramped an embankment, became airborne, and crashed into a tree while driving home from her shift at the Hospital.” The attorney representing the woman’s husband, children, and estate, said in a statement that they believe she many have fallen asleep just before her car left the road.