Maryland Accident Law Blog

This Thursday, in an attempt to decrease the number of Maryland car crashes caused by distracted drivers, texting while driving will become illegal in the state. Anyone caught sending or receiving texts while operating a motor vehicle will be charged with a misdemeanor offense punishable by a $500 fine.

Lawmakers and many residents are hoping that the ban will prevent motorists from engaging in this bad habit that studies prove dramatically increases a driver’s car crash risk. Maryland State Highway Administration spokesperson Lori Rakowski notes that it is impossible for a person to drive safely while texting because both activities usually require the use of both hands and eyes.

A vehicle moving at a speed of 65 mph for just one second will have traveled 100 feet. This means that even just one (usually, texting requires more) second spent not looking at the road can cause a driver to crash into another vehicle, drive into a work zone, or strike a pedestrian who is running across the street.

Maryland law does not prohibit drivers from reading messages, using applications, or playing games. It also does not explicitly bar motorists from writing or sending Facebook messages, Twittering, or emailing. While Assistant Attorney General Kathryn Rowe says the new law can be interpreted to ban all forms of messages, one defense attorney says that legislators would have been explicit about stating such a complete bar if that was what they intended.

Texting while driving has caused many fatal motor vehicle crashes in recent years. It is also a negligent act that can be the grounds for a car accident victim or his or her family to file a Maryland injury complaint or wrongful death lawsuit.

AAA and the AAA Foundation for Traffic Safety says that about 8,000 traffic accidents a day involve a motorist who was engaged in distracted driving.

Texting while driving a road hazard, Baltimore Sun, September 27, 2009

To text or not to text, AAA Club South says “not," WSAV, September 28, 2009

Related Web Resources:
The Facts about Distracted Driving – Know the Dangers/Avoid the Risks, AAA Foundation for Traffic Safety

Maryland Highway Safety Laws, GHSA

Continue reading " Preventing Maryland Car Accidents: Law Making Texting While Driving Illegal Goes Into Effect on Thursday " »

Nearly two years after University of Maryland student Brian Gray was killed in a deadly car accident involving an off-duty cop driving a police cruiser, a jury has awarded his mother, Mary Gray, over $4 million for his Prince George's County wrongful death.

Gray, a college junior, was driving to campus early on the morning of December 10, 2007 when a police vehicle driven by Cpl. Mario Chavez struck his Chevy Beretta. The 20-year-old’s body was thrown 85 feet past the Bowie car accident site, which was at the intersection of Beaverdale Lane and Belair Drive.

Chavez was driving 50 mph in a 25 mph zone. He admits that he drank three to five beers the night before the motor vehicle accident and was driving home after staying at a friend’s house when the fatal collision happened. Authorities did not make Chavez take a drunk driving test at the Maryland car crash scene.

During the Prince George’s County wrongful death trial, a representative from AT & T testified that Chavez either sent or received a text message right before the deadly auto crash happened.

Following the criminal investigation, Chavez was ordered to pay a $260 fine for speeding. No criminal charges were filed against him, and he was allowed to keep working as a police officer in Clinton. Chavez was later placed on administrative leave after a complaint was made against him over another incident that happened in January 2009.

During the civil trial, Mary Gray’s Maryland wrongful death lawyer argued that if Chavez had even been driving no more than 15 miles above the posted speed limit, Brian Gray would not have died.

It took the jury a week to arrive at its verdict. Prince George’s County is expected to appeal their ruling.

Killed student's mother awarded $4 million, DiamondBackOnline, September 21, 2009

Officer involved in fatal accident pays speeding fine, Gazette.net, August 20, 2009

Related Web Resources:
Prince George's County, Maryland

What's the difference between a civil judgment and a criminal conviction?, Nolo

The family of Dunkirk teenager Rachael Campbell is getting ready to sue the Calvert County sheriff’s office for her Maryland wrongful death. The 18-year-old died on July 24 when the 1997 Buick LeSabre she was riding was hit by a 2006 Ford Crown Victoria cruiser at Route 4 and Apple Way.

The driver of the cruiser, Deputy C. Wayne Wells, was headed to an emergency domestic violence call when the deadly Maryland car crash happened. His vehicle was moving at a speed of 110 mph in a 45 mph zone and his sirens and lights were activated.

Campbell was attempting to cross two northbound lanes when Wells struck her vehicle. Campbell’s vehicle caught on fire and she died at the Maryland auto crash site. Wells sustained life-threatening injuries during the traffic accident but was later released from the hospital.

Per a report issued by Anne Arundel County police Cpl. C. Gregory Russell, the police officer’s car was traveling at a speed of 83 to 87 mph at the point of impact, while the teenager’s car was moving at about 21 mph. The report notes that an untrained person can have a very hard—if not impossible—time determining how fast a vehicle approaching from a lengthy distance might be going.

Experts say the Campbell probably had half a second to see the police car as it approached. Calvert County’s state’s attorney, Laura L. Martin, said the teenager may not have realized that the approaching vehicle was a police car in an emergency situation. Also, even though the vehicle's siren was on, it may not have been audible to oncoming traffic.

Martin noted that while Russell may have been distracted by the emergency situation he was driving to, the police officer’s speed was still “unreasonable.” She determined that deputy’s actions were not at the level of gross negligence that manslaughter charges were necessary. Martin also said that Campbell was not at fault.

Meantime, the Calvert County Sheriff's office doesn't intend to file criminal charges against Wells, who was rushing to an emergency situation. The department, however, will review current policy to prevent such deadly accidents from happening in the future.

The wrongful death lawyer for Campbell's parents, however, say that if Wells stayed in his lane and had driven at a reasonable speed, he would have avoided striking the teenager's car.

It is the responsibility of police officers to drive their vehicles safely—whether they are headed to a particular incident or pursuing a suspect. Unfortunately, there have been incidents involving innocent bystanders who were seriously injured or killed in a traffic accident because a police car or ambulance was going too fast.

In certain cases, an investigation into the incident might lead to criminal charges against the police officer who was driving the vehicle. Even if that doesn’t happen, however, you still may have grounds for filing a Maryland wrongful death case.

Family to Sue Sheriff's Office In Teenager's Fatal Crash, The Washington Post, September 13, 2009

Teen killed in Dunkirk auto accident with police cruiser, Calvert News, July 27, 2009

Related Web Resources:
Calvert County Sheriff's Department

A young bicyclist sustained a head injury and leg fractures when he was injured in a Maryland bicycle accident in Washington County on August 30. 8-year-old David Greeley, a 3rd grader at Fountain Rock Elementary School, was admitted to the intensive care unit at Children’s National Medical Center in Washington DC where he underwent several surgery and received a number of blood transfusions.

The Maryland bicycle crash occurred in the early evening. Reports indicate that the driver, Fairplay resident Meghann Marie Weaver, was going over the crest of a hill when she hit the boy. The 21-year-old motorist is charged with reckless driving, driving at a speed greater than reasonable, and negligent driving.

Greeley’s family is asking for donations to help pay for the costly medical care he has received and will likely need.

According to researchers at Nationwide Children’s Hospital:

• More than half of the 85 million cyclists in the US are minors.
• About 10,700 children are hospitalized/year for about 3 days for injuries they sustained during bicycle accidents.
• The child recreational sport that results in the most ER visits each year is bicycle riding.
• 1/3rd of child bicycle accident victims suffered from traumatic brain injuries.

Sending your child out into the world on their own at any age is never easy. It can be especially devastating if your son or daughter was injured in a Maryland bicycle accident because a driver was negligent, careless, made a mistake, or wasn’t paying attention.

The medical costs for surgery, physical therapy, and other recovery services can be daunting—especially when coping with your child’s pain and suffering, as well as your own.

Driver of vehicle that struck boy is charged, The Herald-Mail, August 31, 2009

Pediatric Bicycle-related Injuries Result in Nearly $200 Million in Hospital Charges Annually, Newswise, October 15, 2007

Bicycles, Department of Transportation Highway and Safety Administration

Continue reading " 8-Year-Old Boy Sustains Serious Injuries in Maryland Bicycle Accident " »

A study by the University of Maryland School of Public Health reports that Marylanders want tougher drunk driving laws. Per the survey conducted, 7.5% of the approximately 850 participants this year admitted to driving after having several drinks within the last month. 13% of survey participants admitted to drinking and driving when the survey was first conducted in 2003.

Our Maryland car accident law firm is concerned by any reports that anyone might have been drinking while driving. As we all know by now, driving while inebriated increases the chances that a motorist might cause a Baltimore auto crash.

Over the last seven years, no more than 37% of survey participants have ever believed that drunk drivers will likely be apprehended. Marylanders appear to blame the state courts for the lax way that they deal with drivers who drink and drive. Per the latest survey, the majority of Maryland drivers would like there to be tougher drunk driving measures, including a mandatory $1,000 fine for a first offense.

More survey participants also said they would favor mandatory ignition interlock devices, which stops drivers from starting their vehicles when they are drunk. The majority of survey participants also said that they thought vehicle impoundment was an appropriate punishment for a drunk driver who was a repeat offender. Some of the people surveyed even thought that one strike should be enough to impose this penalty.

Today, law enforcement officers are wrapping up their crackdown on Maryland drunk drivers. Local police have been taking part in a nationwide campaign, organized by the National Highway Traffic Safety Administration, committed to decreasing the number of impaired driving accidents and deaths through the Labor Day weekend.

Last year in Maryland, alcohol was a factor in 28% of traffic deaths, and over 24,000 drunk drivers are arrested each year.

It is interesting to note, however, that Maryland motorists are not as vehement about their convictions when it comes to using a cell phone while driving. While over 80% of those surveyed are now concerned about this form of distracted driving, the number of people who have used a cell phone while driving in the last 30 days has grown to over 60% compared to past years.

According to UM Professor Kenneth Beck, the study’s lead researcher, this appears to imply that Maryland motorists don’t think there is anything wrong with using a cell phone while driving as long as their the ones doing this—it’s just the other drivers that they are worried about.

Also, while survey participants are worried about aggressive drivers, there are still motorists who aren’t concerned when they break the speed limit.

Examples of Negligent Driving Habits that Can Lead to Maryland Injury Lawsuits if a Car Accident Happens:

• Drunk driving
• Texting while driving
• Talking on a cell phone while driving
• Speeding
• Road rage
• Driving while under the influence of drugs

Marylanders favor crackdown on drunken driving, Baltimore Sun, September 7, 2009

Maryland Law Enforcement Launches ‘Drunk Driving. Over the Limit. Under Arrest’ Crackdown on August 21, 2009, Earth Times, August 21, 2009

Related Web Resources:
Police Increase Efforts to Keep Roads Safe For Holiday ..., Your 4 State, September 6, 2009

Drunk Driving. Over the Limit. Under Arrest.

Continue reading " Study Reveals that Marylanders Want Tougher Drunk Driving Measures " »

In Baltimore Circuit Court, a jury has awarded Joseph Montes, the father of 16-year-old Brian Montes, $50,000 for his suicide death. The defendant in this Maryland wrongful death lawsuit is Frank Eisler, the boy’s stepfather.

Brian killed himself on April 11, 2005. He shot himself in the head with a 9mm gun. Even as a young boy, Brian suffered from depression and displayed a suicidal streak. His parents were divorced and he lived with his mother and Eisler, who kept 11 guns in their home.

Despite being aware of Brian’s suicidal streak, Eisler kept one gun in an unlocked drawer with its clip located nearby. A number of days after overdosing on his stepfather’s painkillers, Brian killed himself.

Initially, Montes had sought a public apology from Eisler that would warn others about the dangers of keeping guns in houses where children live. Eisler refused and the Maryland wrongful death lawsuit wound up in civil court. The jury took a little over an hour to decide that Eisler was negligent and that his negligence resulted in Brian’s wrongful death.

Eisler’s attorney says he finds the jury’s verdict “perplexing” because in Maryland personal injury recovery is not allowed if the victim contributed to the injury.

Maryland Wrongful Death
Maryland’s contributory negligence standard generally prevents plaintiffs from obtaining any financial recovery if the victim contributed in any way to his injuries or death. However, there is also the “last clear chance” doctrine. Even if a victim’s negligence contributed to the injury, a defendant who could have or should have been able to avoid hurting the victim yet neglected to do so could still be held liable for Maryland personal injury or wrongful death.

Jury awards dad $50K for teen’s suicide, MD Daily Record, August 31, 2009

Related Web Resources:

Last Clear Chance Doctrine, Legal Dictionary

Maryland, Wrongful Death, USDOJ.gov (PDF)