Maryland Car Accident Attorney Blog

Passenger Injuries After a Maryland Car Accident

August 18, 2021 | Lebowitz & Mzhen

After a car accident, injury victims may experience a slew of physical and psychological trauma, resulting in lengthy and costly medical treatment. Moreover, Maryland accident claims tend to be more complex than other states because of strict contributory negligence laws. Under this standard, a victim who holds any responsibility for the accident cannot recover any damages.

Fortunately, in the overwhelming majority of cases, passengers do not have control over the vehicle, and as such, they are unlikely to be liable for the accident. However, while contributory negligence may not be an issue, other factors may complicate Maryland accident claims.

While drivers are more likely to die in an accident than passengers, thousands of passengers suffer injuries every year. Recent reports by the Maryland Department of Transportation indicate that nearly 50,000 people suffer injuries on Maryland roads every year. Passengers are particularly vulnerable because they have zero to little control over the actions or negligence of the driver or other motorists.

Two Drivers Killed After Tragic Maryland Car Accident

August 11, 2021 | Lebowitz & Mzhen

Sometimes, the wait at a traffic light can feel like a lifetime—but this is never grounds for disobeying traffic signals. When drivers willfully run a red light, they not only place themselves, but everyone on the road, in danger. On particularly busy traffic days, cars may be moving through a busy intersection, and running a red light or speeding through a yellow light at the last second could result in deadly consequences and significant injuries for everyone involved. Those who choose to recklessly operate their vehicles and cause these issues can be held accountable in a variety of ways under Maryland laws.

A recent local news report discusses a major car accident and fire that left two Maryland drivers dead. An initial investigation revealed that a Subaru was speeding northbound and ran a red light. The Subaru subsequently crashed into a Ford, which was crossing the intersection at a green light. Upon impact, the Ford caught on fire. When local deputies arrived on the scene, one vehicle was engulfed in flames with at least one occupant was still inside. Both occupants of the Ford were pronounced dead at the scene, and the driver of the Subaru suffered significant injuries and was transferred to a local hospital. Although an investigation is still ongoing into the circumstances surrounding the crash, local authorities believe that speed and failure to obey traffic lights were primary contributing factors to the collision.

Are Drivers Who Run Stop Signs Liable for an Ensuing Accident?

Yes, in Maryland, stop light and stop sign violations are typically misdemeanors that carry a $140 fine. If a stoplight or stop sign violation leads to an accident, the fine is increased to $180.A red light or stop sign accident can also result in the at-fault driver facing civil liability through a personal injury lawsuit. Personal injury liability is not contingent upon the at-fault driver being cited for a violation, so even if the at-fault driver didn’t get a ticket an accident victim can still pursue a claim.

Maryland Car Accident Leaves Three Dead

July 31, 2021 | Lebowitz & Mzhen

Despite great improvements in the safety of cars and roadway infrastructure, motor vehicle accidents remain the number one cause of death in the United States for those aged 1-54. Many of these accidents are preventable. Just last week, for example, three people died in a Maryland crash where alcohol was a suspected factor.

The accident took place in Anne Arundel County on a Saturday night. In this single-car crash, an SUV heading westbound was spotted barreling down the road before suddenly exiting the road, flipping upside down, and smashing into a tree. Tragically, all three people in the SUV died on the scene. The youngest was just 31 years old.

Although the most direct causes of the crash appear to have been excessive speed and the driver’s failure to stay in his lane, officials also believe that alcohol was a contributing factor.

Wrong-Way Driver Causes Fatal Maryland Car Accident

July 25, 2021 | Lebowitz & Mzhen

A recent car accident tragically resulted in the death of a 55-year-old man dead at the scene and left the other driver with non-life-threatening injuries. According to a local news report, a Nissan was traveling in the wrong direction early on one Sunday morning when it collided with another vehicle. The fatal accident occurred on Route 340 west near St. Mark’s Road. Preliminary accident reports indicate that the 24-year-old woman who was driving the Nissan may have been under the influence of alcohol. The accident resulted in a road closure for approximately four hours.

While alcohol may have played a role in this accident, head-on collision crashes could happen because of a variety of reasons. Whether a driver is distracted, fell asleep at the wheel, was driving aggressively, or under the influence of alcohol or drugs, physical evidence typically will be found at the scene of head-on collisions. This physical evidence must be gathered promptly in order to be used in lawsuits against the driver-at-fault. In Maryland, if the driver acted negligently or in a reckless manner, filing a personal injury wrongful death lawsuit may be an option. These claims can be filed for financial compensation to assist families who are grieving the loss of their loved one and/or to assist a family with financial obligations. Because wrongful death lawsuits have a three-year statute of limitation, claims must be filed within three years of the date of the deceased’s death.

Is Maryland a Contributory Negligence State?

Maryland is a contributory negligence state, which means under Maryland law, if the plaintiff was even slightly at fault for the accident, they will not be able to recover anything from the lawsuit. As a result, defendants may work diligently to prove that the other party was not completely in their own lane at the time of the crash, for example. Having an experienced personal injury attorney on your side could be the difference between being able to successfully recover and being barred from recovery. Wrongful death claims can be tricky. Potential plaintiffs should work with dedicated attorneys who are ready to build the strongest case for their clients and get the optimal result for victims who have suffered injury or lost a loved one.

How Maryland Car Insurance Laws Can Help Accident Victims

July 16, 2021 | Lebowitz & Mzhen

Knowing the ins and outs of Maryland’s car insurance laws can help you stay financially protected should you become the victim of an accident.

For example, despite Maryland laws requiring drivers to carry car insurance, a recent report showed that about 14 percent of drivers in the state are still uninsured. The unfortunate person who is injured in a motor vehicle accident by an uninsured driver may still be financially protected, however, if she has purchased the right kind of insurance.

Like in most states, Maryland drivers must carry basic liability insurance to help cover the cost of injuries and damage to other people and their belongings in connection with an accident.

Maryland Car Accident Injures Two Over Holiday Weekend

July 10, 2021 | Lebowitz & Mzhen

Lots of Maryland families travel for the Independence Day weekend. Whether driving to a barbeque, a firework show, or to the shore for the long weekend, holiday travel carries a higher risk for involvement in a motor vehicle accident. In fact, statistics show that the Fourth of July weekend is the deadliest weekend of the year in terms of roadway fatalities.

This year, on the Friday before Independence Day, Maryland police responded to a rush-hour crash in which two people were injured. According to reports, both vehicles in the accident incurred substantial damage. Apparently, both drivers in the two-car accident were trapped in their respective vehicles until firefighters arrived to extract them. Although one of the drivers was treated locally, the other driver required air transport to a shock trauma unit.

After the accident, police temporarily closed the roadway to reconstruct the scene. Although information about the status of the drivers and the cause of the accident has not yet been released to the public, these details may become available in the coming weeks and months.

Determining Causation After a Maryland Multi-Vehicle Crash

July 1, 2021 | Lebowitz & Mzhen

After a Maryland multi-vehicle accident, determining who caused the crash can be difficult. In some cases, there may be multiple contributing causes of the crash. If a plaintiff files a Maryland negligence against one or more defendants involved in the crash, the plaintiff must show that a defendant’s wrongful action or inaction was a cause-in-fact and a legal cause of the plaintiff’s injuries. Cause-in-fact means proving that a defendant’s conduct actually caused the injury, whereas legal cause means proving that a defendant should be held liable for the plaintiff’s injury.

Who Is at Fault in a Car Accident with Multiple Drivers?

If two or more independent negligent acts caused the plaintiff’s injuries, Maryland courts will determine whether a defendant’s conduct was a “substantial factor” in bringing about the plaintiff’s injuries. Even if a defendant’s conduct was a substantial factor in causing the plaintiff’s injuries, the harm must have been sufficiently related to the defendant’s negligent conduct. That is, Maryland courts will consider the foreseeability of the harm and the relationship between the defendant’s conduct and the harm. Maryland courts may decline to hold a defendant liable due to policy considerations and fairness. In addition, because Maryland follows the doctrine of contributory negligence, if a plaintiff is found to be even partially at fault for their own injuries in a Maryland negligence case, the plaintiff cannot recover compensation in court. Maryland is one of the few states in the United States that continues to apply the doctrine of contributory negligence. This means that plaintiffs often have to defend against claims that they were negligent in order to succeed in court.

The Tragedy of a Maryland DUI Accident

June 24, 2021 | Lebowitz & Mzhen

Drunk driving is frequently listed as one of the leading causes of Maryland car accidents. Sadly, we take this as a given, as drunk driving accidents are not uncommon. However, every single DUI accident is entirely preventable and, despite the decades-long efforts of lawmakers, people continue to get behind the wheel after having too much to drink.

Consuming alcohol has several negative effects on a driver’s ability to safely operate a motor vehicle. For example, those who consume alcohol have slower reaction times, their judgment becomes clouded, they often get sleepy, and their ability to gauge risk is greatly compromised. The end result is that anytime someone gets behind the wheel after having too much to drink, they place everyone on the road at risk. Drivers who engage in this reckless conduct can—and should—be held accountable for their actions.

DC Teachers’ Union President Legally Impaired Following Fatal Accident

A tragic example of a drunk driving case comes from neighboring Washington, D.C. Back in April of this year, a D.C. musician was fatally struck by a driver while waiting at a traffic light. According to a local news report, the tragic collision took place at the intersection of Crain Highway and Harbour Way in Prince George’s Count. As it turns, out the driver of the striking vehicle was the president of the D.C. Teacher’s Union.

Can You Get Punitive Damages in a Maryland Hit and Run Accident?

June 17, 2021 | Lebowitz & Mzhen

Recently, a fatal Maryland hit and run accident made headlines, reported by multiple news outlets including CBS Baltimore. According to CBS Baltimore, the crash happened around 3 PM one Thursday afternoon late last month. Maryland State Police said that a 49-year-old Baltimore woman was heading west on Route 50 near Nesbit Road when she tried to pass a box truck by using the left shoulder of the road. Unfortunately, she hit the box truck while trying to return to the road and then lost control of her vehicle. Her car went down an embankment, where it hit multiple trees before finally stopping. But the driver of the box truck did not stay on the scene, making this a hit-and-run crash, so named because one driver hit another (whether or not they were at fault) and then fled the scene. When officials responded to the scene, they transported the woman to an area hospital where she was pronounced dead.

Hit-and-run accidents are infuriating for many Maryland drivers, particularly those who lose a loved one as a result. In fact, a hit-and-run is actually a crime in the Maryland criminal code. Because it is punishable through criminal law, many Maryland hit-and-run accident victims wonder if they can receive punitive damages—damages designed to punish the defendant—through a civil lawsuit against a driver who hit and ran. The answer, usually, is no.

Civil lawsuits, as opposed to criminal suits, are not meant to punish the defendant who caused harm. Instead, they are meant to make a plaintiff who suffered harm whole, and so typically the defendant is ordered to pay them monetary damages to put them back in as close to the same position as they would have been if the car accident had not happened. These damages typically cover medical expenses, both past and future, as well as lost wages, incidental costs, and pain and suffering. In a wrongful death action, they might also cover funeral and burial costs.

How a Third Party’s Actions Affect Causation in a Negligence Claim

June 9, 2021 | Lebowitz & Mzhen

One of the elements that individuals filing a Maryland negligence claim have to prove is causation. But even if a court finds a defendant’s acts or omissions were the cause-in-fact of the plaintiff’s injuries, the court will also consider whether the defendant’s negligent actions are a legally cognizable cause—that is, whether the defendant should be held liable under the circumstances. This consideration generally centers on whether the plaintiff’s injuries were within the harm that the defendant should have anticipated or expected due to the defendant’s negligent actions. Thus, a defendant may not be liable if the plaintiff’s injuries resulted only because of very unusual and unexpected circumstances. In considering whether a defendant may be liable for a plaintiff’s injuries, the court will consider any intervening negligent acts or omissions in the foreseeability analysis. If an intervening negligent action or omission is found to be a superseding cause, the defendant will not be held liable. Intervening acts may include the criminal acts of a third party after the defendant’s original act of negligence, as in the following case.

In a recent decision issued by a state supreme court, the court considered a case in which an employee at an Avis rental company stole an SUV from the rental lot where he worked after it had closed for the day. He drove the SUV around for hours in hopes of selling the vehicle. Police officers saw him driving erratically and approached him, and the driver sped off in an attempt to escape. As he was trying to escape, the driver lost control of the vehicle and crashed into a wall where two people were sitting, severely injuring them. The two individuals sued the driver and others, including Avis rental car company, alleging negligence and vicarious liability. The juries in both cases found in favor of the plaintiffs.

However, the Supreme Court of George found that the plaintiffs could not recover because the driver’s intervening criminal conduct severed the chain of events for causation. The court held that the driver’s criminal acts were the intervening and independent wrongful act of a third person. The court decided that even if Avis was negligent in allowing the employee to gain access to a car and steal it after hours, the injuries to the plaintiffs were not a probable or natural consequence that could have been reasonably foreseen by the defendants. No evidence showed that the defendants could have reasonably foreseen that the driver would lead police on a high-speed chase and crash into the plaintiffs.