Maryland Car Accident Attorney Blog

Survival vs. Wrongful Death Actions in Maryland

February 28, 2022 | Lebowitz & Mzhen

Following an accident where a preventable death of a loved one has taken place, you may feel overwhelmed and unsure what to do next while processing your grief. Depending on the circumstances of how the death took place, however, you or the loved ones of the deceased may want to consider filing a lawsuit on their behalf to recover compensation. Usually, potential plaintiffs file either a wrongful death or a survival action claim, but it can be confusing to figure out what the distinctions between the two are at first. Knowing the difference is an important step to getting started with your lawsuit.

According to a recent local news report, a woman died following a major crash. Local authorities were pursuing the driver of the vehicle in an active police chase at the time of the crash. The chase began as a routine traffic stop, but when the driver pulled into a nearby parking lot, presumably to stop for the officers who had pulled him over, he instead sped away. Authorities pursued the driver but lost sight of the vehicle after it swerved in front of another vehicle near a curve in the road. As police continued down the road, there was debris on the road and authorities realized that the vehicle they were pursuing had crashed.

The driver fled from the car following the accident, and his passenger was located on the ground near the car with life-threatening injuries. First responders attempted to treat the passenger on the scene, but she was pronounced dead. Several officers subsequently began to conduct a search for the driver with the use of K-9s and a helicopter. Officers later located the driver in a nearby neighborhood, where he was taken into custody. Investigators believe that narcotics may have been a contributing factor in the crash and are working to identify witnesses. Local police had their dashboard camera and microphone activated during the accident, and as the footage is released, the investigation into the circumstances surrounding the crash continues.

Understanding Maryland Shared Fault Rules

February 22, 2022 | Lebowitz & Mzhen

When a Maryland car accident occurs, it’s not always clear who was at fault. Sometimes, in more simple collisions, it’s obvious who the at-fault party is, and they may be 100 percent at fault. In many accidents, however, this is not always the case. Determining who is truly at fault in a car accident is crucial because it can affect how much compensation you receive if you decide to file a claim either through insurance or in a personal injury lawsuit.

According to a recent local news report, one driver has died, and another has been hospitalized following a collision at an intersection in Prince George’s County. Police said the accident occurred around 12:15pm when both drivers were going eastbound. One driver rear-ended the other while going through the intersection. The driver of the struck vehicle was transported to a local hospital, where he was pronounced dead. The other driver was reportedly being treated for serious injuries at the hospital. Local authorities are still working to determine the circumstances that led up to the crash, and the accident remains under investigation.

Following a major car accident, it is not unheard of to file an insurance claim or personal injury lawsuit against who you perceive to be the at-fault party in the collision, only to hear that they are now claiming that you share some fault for what took place. In some states, the amount of fault that you are responsible for may impact your claim more than others. Unfortunately, in Maryland, it can often be a crucial factor in your case.

Establishing Negligence in a Maryland Car Accident Claim

February 15, 2022 | Lebowitz & Mzhen

When an accident takes place and leaves a victim injured or killed, you may have grounds to bring a personal injury lawsuit against the at-fault party for compensation. To successfully bring such a claim, however, you must establish that the at-fault party acted negligently, which caused the accident and subsequent injuries to take place. Understanding how to satisfy this element in a personal injury case is crucial to the success of your claim.

According to a recent news report, the driver of a pickup truck drove his vehicle into a local home, which killed one person and left two injured. Local authorities reported that the pickup truck went off the highway when it crashed into the second floor of the home. The driver of the pickup truck was ejected from the vehicle and was found on the first floor of the home with minor injuries and the passenger of the pickup truck died at the scene. The pickup truck driver was attempting to pass two other cars on the highway at a high rate of speed when he lost control, went airborne, and collided with the home. A woman was in bed on the second floor of the home when the crash took place and was reported to be critically injured and transported to a local hospital for treatment. Local police claim that it appeared alcohol was potentially a factor in the crash, and the accident remains under investigation.

How Can I Prove Another Driver Was At Fault in a Car Accident

In Maryland, proving that the at-fault party was negligent is a crucial part of a successful car accident lawsuit. To make a negligence claim under Maryland law, a potential plaintiff must prove four elements. First, the plaintiff must prove that the defendant had a duty to protect the plaintiff. Second, the plaintiff must prove that the defendant breached that duty. Third, the plaintiff must establish that they were actually hurt or injured. Lastly, the plaintiff must prove that the defendant’s actions were the proximate cause of the plaintiff’s injury.

Four Maryland Drivers Dead After Head-On Collision

February 8, 2022 | Lebowitz & Mzhen

Although car accidents can be deadly in a number of ways, potentially the most dangerous type of collision is a head-on crash. When two vehicles are going in opposite directions at high speeds and crash directly into each other, serious and fatal consequences ensue. Because many times these accidents take place because of the negligence or recklessness of another driver, it is crucial to understand how to recover from subsequent injuries, property damage, or in extreme crashes, the death of loved ones.

According to a recent local news report, a deadly two-vehicle crash left four individuals dead. Local authorities reported that on the Bel Air Bypass on Route 1 near Rock Spring Road, a Toyota was heading north when it tried to pass another vehicle and crossed into the southbound lane. A Honda was traveling southbound and the Toyota crashed into the Honda head-on. After the initial crash, the Toyota rolled over onto its side and caught on fire. By the time troopers arrived, they had to extinguish the flames and evacuate the driver of the Toyota and its passengers. The driver and passenger of the Honda were both pronounced dead at the scene. The driver of the Toyota and her passenger were airlifted to a local hospital to be treated for their injuries. The Toyota’s passenger later died from her injuries. The accident remains under investigation by Maryland state police.

Head-on crashes take place because of a number of reasons but are commonly associated with negligent or reckless drivers or maneuvers. Distracted driving involving talking on a cell phone or texting, for example, is one of the most common ways that head-on collisions take place. Other times, drivers operating their vehicles under the influence of drugs or alcohol can also cause them to veer into oncoming traffic. Driving the wrong way, drifting into the opposite lane caused by fatigue or drowsiness, speeding around curves, and improper passing are also common causes of head-on accidents.

What Is Contributory Negligence in a Maryland Car Accident Lawsuit?

January 31, 2022 | Lebowitz & Mzhen

Car accidents happen every day in Maryland by the dozens. While some of these accidents are clearly the fault of one driver, others are a little more complex. For example, a good number of Maryland car accidents are the result of several drivers making a mistake. While this is common, it can also complicate the recovery process for anyone injured in an accident.

Each state is responsible for creating its own rules when it comes to which drivers can recover for their injuries after an accident. Most states rely on a doctrine of law called comparative fault. Under a comparative fault analysis, a driver who is partially at fault can still recover compensation from other at-fault drivers. However, the injured driver will have their total damages award reduced by their percentage of fault.

For example, assume that Bill crashed into Joe. Joe suffered $100,000 in damages. At a jury trial, the jury found that Bill was 90 percent responsible for the collision and that Joe was 10 percent at fault. In this case, Joe would recover $90,000, rather than the full $100,000.

Using Police Reports as Evidence in a Maryland Car Accident Case

January 25, 2022 | Lebowitz & Mzhen

Establishing fault after a Maryland car accident is critical to recovering damages for an injury victim’s losses. Under Maryland’s strict negligence laws, accident victims face the burden of establishing the other party’s fault, but they must also refute any claims of contributory negligence. Meeting this high threshold requires a significant amount of evidence in conjunction with a compelling argument.

While Maryland law does not require accident victims to report every accident to the police, police reports are a crucial piece of evidence. Moreover, certain circumstances mandate a police report. These situations involve incidents where:

A driver or passenger is hurt;

How Determining Fault Can Impact Your Maryland Car Accident Claim

January 17, 2022 | Lebowitz & Mzhen

When it comes to determining who is at fault in a car accident, some cases are simple, while others are much more complex and unclear. In a fender bender accident, for example, one may assume that the at-fault party was clearly the vehicle that collided with the car ahead of it. But upon further inspection, if the driver that was ahead suddenly stopped because they were texting and thus caused the vehicle behind them to rear-end them, allocating fault between the parties could get tricky.

In many car accident claims, establishing fault is a crucial part of your case. Understanding how Maryland determines fault and how it impacts your compensatory damages is therefore crucial toward the success of your claim.

According to a recent local news report, Maryland State Police are looking into a fatal two-vehicle accident that occurred in Baltimore County. Based on a preliminary investigation, the driver of a Toyota Prius was parked on the left shoulder of the road after being involved in a separate accident. A Hyundai driver then lost control of his vehicle, collided with a concrete barrier, and crashed into the Toyota Prius that was parked on the left shoulder. The Hyundai driver and its two passengers were transported to a local hospital for treatment and the driver of the Toyota Prius was uninjured. One of the Hyundai’s passengers was pronounced dead at the hospital. Although the accident remains under investigation, Maryland State Police noted that speeding and impaired driving were not factors that caused the crash.

The Impact of Criminal DUI Charges on Maryland Personal Injury Lawsuit

January 9, 2022 | Lebowitz & Mzhen

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.

Recovering Damages as Passenger After a Maryland Car Accident

December 31, 2021 | Lebowitz & Mzhen

Maryland car accident injury lawsuits are often complex. The state’s strict contributory negligence laws prohibit recovery if the plaintiff is at all responsible for the accident. Insurance companies often use the state’s laws to their advantage and unnecessarily impute liability on a claimant. Fortunately, in most cases, injured passengers fare better during an insurance claim or personal injury lawsuit.

Maryland car accidents can cause serious injuries, especially those involving head-on collisions or where both drivers were speeding. For instance, national news reports recently highlighted the tragic accident involving NFL player Deshazor Everett and a reputable occupational therapist. According to reports, the victim, a lifelong Maryland resident, was a passenger in the football player’s car when the car clammed into several trees and flipped over. Emergency responders transported the woman to a hospital, where she later succumbed to injuries. The cause of the accident is under investigation.

Maryland law requires drivers to have third-party insurance. This system allows passengers to recover from the at-fault party’s insurance carrier. Typically, the passenger may collect from any responsible party; issues may arise in the rare case that the passenger was responsible for the accident. However, insurance companies may try to deny, delay, or under-compensate claimants unlawfully. In these cases, victims have options such as a bad-faith lawsuit against the insurance company or a personal injury lawsuit against the at-fault driver.

Maryland Car Crash Results in Death of 13-Year-old Boy

December 25, 2021 | Lebowitz & Mzhen

A 13-year-old boy died after a recent Maryland car crash in Camp Springs. According to one news source, the crash occurred when the driver of the vehicle with the 13-year-old boy as a passenger was traveling north on Allentown Road. The driver reportedly made a left turn into a shopping center and crashed into another car that was traveling south on the same road. The boy was taken to a local hospital and pronounced dead. The drivers of both cars were injured but their injuries were reportedly not life-threatening. An investigation into the crash continues and anyone with information is asked to call the police.

The recent crash highlights the dangers of left turns for Maryland drivers. Research shows that left turns are a factor in many crashes. In one study, left turns were shown to be three times more likely to produce a serious injury or fatality as compared to right turns. In another study conducted by the National Highway Traffic Safety Association (NHTSA), the critical pre-crash event in 22.2 percent of crashes was a left turn. This means that about one-fifth of the crashes were caused by a left turn. In comparison, right turns made up only 1.2 percent of the crashes studied.

Researchers have explained that in making a left turn, drivers have to make a number of calculations within a short amount of time, drivers have to turn against the flow of oncoming cars, drivers’ view can be obstructed, and that such turns involve a wide turn radius.