Maryland Accident Law Blog

Bringing Maryland Product Liability Suits After Infant Sleeper Recall

February 21, 2023 | Lebowitz & Mzhen

When a manufacturer places a defective product on the market, they put consumers at risk of serious harm. If a person suffers injuries from a defective product, he or she may bring a product liability lawsuit against the manufacturer. When a manufacturer realizes their products have caused harm, they can and should announce a product recall to prevent further harm.

For example, according to the U.S. Consumer Product Safety Commission in Bethesda, Maryland, Fisher-Price has reannounced its recall of 4.7 million Rock ‘n Play infant sleepers. Fisher-Price originally announced the recall in 2019 after over 30 infant fatalities occurred in the sleepers. These fatalities often happened when infants placed in the sleepers would roll from their backs to their stomachs or side without proper restraints. Sadly, since the recall, there have been 70 additional fatalities. In total, 100 infant deaths occurred. Fisher-Price’s re-announcement of the recall comes after reports that at least eight infants died after the initial 2019 recall.

What Are the Elements of a Maryland Product Liability Lawsuit?

An injured plaintiff suing a product manufacturer should understand the elements of a negligence vs. strict liability theory of recovery. Plaintiffs can bring a negligence lawsuit if the defendants who caused their injuries acted carelessly—or if they were careless by failing to act. To succeed in a negligence claim, plaintiffs must prove the defendants owed them a duty of care, breached that duty by acting carelessly or failing to act, caused the plaintiffs’ injuries through their carelessness, and that the plaintiffs suffered resultant harm. When suing a manufacturer for negligence, plaintiffs must prove the manufacturer owed them a duty of care to manufacture their products safely and failed to meet that duty.

Fatal Maryland Crash Reveals Dangers of Head-on Collisions

January 21, 2023 | Lebowitz & Mzhen

A recent news report detailed a tragic accident that occurred in Caroline County, Maryland. According to the news report, the car accident involved two cars on Williamsburg Road. Initial reports revealed that a Nissan drove east when it crossed the center and struck a Ford F-450 head-on. The driver of the Nissan, a 44-year-old male, died at the accident scene. The crash is still being investigated and a post-crash analysis is being conducted.

Head-on collisions, although much rarer than other types of accidents, can have devasting impacts for the parties involved. While the reasoning behind these types of collisions can vary, some of the causes can include but are not limited to, mistakes that occur when driving, distracted driving, drunk driving, and mechanical issues with a vehicle. However, it may take some time to determine who the at-fault driver was in head-on collisions. This is because of the forceful impact that these crashes have, which may result in vehicles veering off to different parts of the roads and ending up in completely different orientations. Post-crash analysis can be pivotal to determining what lead to the accident and may involve the evaluation of skid marks and debris from the scene of the accident.

Head-on collisions can have devasting consequences including death, brain injuries, broken bones, and paralysis, to name a few. This can result in lost wages, limited mobility and a change in the quality of life, and other consequences. As a result, after such an accident you may be considering what legal steps to take to recover damages.

One Pedestrian Dead in Maryland Hit-and-Run Accident Involving Multiple Vehicles

December 21, 2022 | Lebowitz & Mzhen

A driver who is involved in a car accident is required to remain on the scene in the state of Maryland, and fleeing the scene of an accident can result in penalties. Hit-and-run accidents may happen for a variety of reasons, including due to a driver being uninsured. According to a recent news report, a 23-year-old male died after a pedestrian hit-and-run crash. Interstate 95 in Maryland was closed for over four hours as a result of the accident. A man and a woman passenger parked on the side of the road and were having a discussion outside of their vehicle. During the conversation, the woman entered the highway and the man attempted to pull her back from the road. While in the roadway, the male was struck by a Nissan Altima. The Nissan Altima fled the scene. While laying injured on the road, a tractor-trailer also struck the male but failed to stop their vehicle. Soon after, a Honda CRV additionally struck the male and stopped on the shoulder to call 911.

Penalties for Hit-and-Run Drivers

Pursuant to Maryland law, leaving the scene of an accident that results in serious bodily injury is a felony that is punishable by up to 5 years in prison and a fine of up to $5,000. However, if the hit-and-run accident results in death and the driver was found to have reasonably known that the accident caused death, perpetrators can face up to 10 years in prison and a $10,000 fine. Additionally, hit-and-run accidents in Maryland can lead to 8 to 12 points on a driver’s license.

Driver Fails to Yield while Making Left Turn, Killing Motorcyclist in Tragic Maryland Crash

December 11, 2022 | Lebowitz & Mzhen

Left turns present some of the most dangerous situations on Maryland roads. When compounded with nighttime driving, the operators of any vehicles may be rightfully concerned for their safety when other vehicles are making left turns. Maryland motorcyclists are even more threatened in these situations, as their vehicles can be harder to see, and the consequences of a crash are often more severe. A tragic crash earlier this month killed a motorcyclist after a driver failed to yield the right of way when making a left turn on a Southern Maryland highway.

According to a local news report discussing the accident, a 73-year-old man was driving a pickup truck on MD Route 6 and performed a left hand turn onto a smaller road near the town of La Plata. The 18-year old victim, who was operating a motorcycle on Route 6 in the opposite direction, crashed his bike into the pickup truck after the older man failed to yield the right of way to oncoming traffic while performing the turn. First responders were called to the scene and first aid was rendered as the victim was transported to a nearby hospital, but the medical professionals were unable to save the man and he was pronounced dead at the hospital. The article notes that driver error appears to be the cause of the crash, and no mention was made that drugs or alcohol were involved in the crash.

How Dangerous Is Driving a Motorcycle in Maryland?

Maryland motorcyclists have always been at an elevated risk of being seriously injured or killed while using the roads in our state. This increased danger causes many motorcyclists to use enhanced safety equipment while riding their bikes, but some serious injuries cannot be prevented, even by the most advanced safety equipment. The bottom line is, Maryland motorcycle riders have just as much right to travel safely on our roads as any other drivers. When a negligent driver causes an accident that seriously injures or kills a motorcyclist, they must be held accountable for the damages caused by their mistakes.

Consequences of Arbitration Agreements in Elder Abuse Cases

November 30, 2022 | Lebowitz & Mzhen

In some ways, elder abuse law lags behind other areas of law, and as a result, our clients can feel frustrated by the processes they are up against. In a system that is not always designed to protect older individuals, it can be incredibly daunting to be subject to contracts that work better for bigger companies and facilities than they do for the individuals signing them.

One clear example of an unfair practice in elder abuse law is the reality of arbitration agreements. These clauses appear in contracts of many kinds, including contracts with banks, businesses, and online services. The language of arbitration clauses almost always states that if there is a dispute that arises between the person receiving the service and the company providing the service, those parties must work the dispute out in a private arbitration setting. The individuals are barred from bringing their claims to court.

Recently, Congress banned companies from including arbitration clauses revolving around sexual harassment in their contracts. This legislation means that if an individual has been subject to some kind of sexual harassment, she or he will automatically have the right to pursue their claim in court, even if there was an arbitration clause in the contract they signed.

Truck Accident Involving School Bus and Pick-Up Truck Leaves One Dead

November 17, 2022 | Lebowitz & Mzhen

Drivers share the road with all types of vehicles, ranging from smaller sedans to pick-up trucks, motorcycles, buses, and more. Because vehicles range in size, length, the number of passengers that they can safely hold, and safety features, it can be hard to predict exactly how much damage may result from an accident. In addition, the conditions of the road, the negligence or recklessness of drivers, and other factors all contribute to the level of harm that may result from a truck accident. In addition, changes in seasons can alter the type of vehicles we commonly see on the road, including whether there are many school buses on the road. According to National Safety Council and the National Highway Traffic Safety Administration, school bus-related accidents killed 54 people nationwide in 2020.

In a recent news report from South Carolina, a two-car crash resulted in the death of the driver of a pick-up truck. A school bus was hit by a Chevrolet Silverado that was heading southbound. Seven students were on the bus and no other injuries were reported. Local authorities are investigating the accident further, and fault had not yet been established.

Both trucks and buses can range in size and are often times larger in length and weight. These are often heavier-weight vehicles, requiring that their drivers be equipped with the knowledge and skill needed to safely maneuver the vehicle. These two types of vehicles share a similarity in that it can be difficult in some situations for the drivers of these vehicles to see in their blind spots. Blind spots are essentially the areas that a driver is unable to see when looking in their mirrors or when they turn their head to check their surroundings. In addition, poor weather conditions, obstruction by the sun, passengers or even objects can also add to obstructing a driver’s view.

Maryland Collision at Intersection Leads to One Fatality and Multiple Injuries

October 28, 2022 | Lebowitz & Mzhen

Intersections can be crowded and sometimes confusing for the various people who are traveling from one place to the next – including bicyclists, pedestrians, and drivers of trucks and cars. Statistics from the U.S. Department of Transportation Federal Highway Administration revealed that more than 50 percent of the combined total of fatal and injury crashes occur at or near intersections. What causes such a high rate of accidents at intersections?

According to a recent news report, a car crash in Germantown, Maryland led to one fatality and three people injured. The collision involved a truck and a Jeep, where a Ford was traveling southbound when a Jeep turned left. The Jeep struck the Ford F250 at the intersection. A man who was a passenger in the jeep was pronounced dead at the scene. The driver of the jeep was transported to a local hospital with serious, but non-life-threatening injuries, while the driver and passengers of the truck were taken to a local hospital for minor injuries. According to photos tweeted by the county’s fire rescue Chief, a truck appeared to have crashed through a fence in the front yard of a house. The investigation into what led to the crash is still ongoing.

What are Some of the Reasons for Intersection Collisions?

Although intersection collisions can happen for a myriad of reasons, some of the common reasons include having an obstructed view of the area which may prevent a driver from having a full line of vision, illegally running a red light, illegally making a turn at the wrong time, miscalculating the movement decisions of other drivers, and distracted driving. There are some tips that drivers, pedestrians, and bicyclists can follow to help keep themselves and others safe when at an intersection.

Driver Flees Scene in Maryland Accident, Leaves Motorized Biker Dead

October 14, 2022 | Lebowitz & Mzhen

A hit-and-run accident can be scary and stressful, especially as you work to figure out which next steps to take. You may have questions about insurance claims and coverage, you may have questions about police involvement and what will happen next in their investigation, and you may have valid concerns about legal claims. These are not easy questions and can differ on a case-by-case basis. However, it can be important to know what some helpful next steps may be after being a victim of a hit-and-run accident.

A recent news report revealed that a fatal hit-and-run accident occurred in Elkridge, Maryland. This crash involved a motorized bike and two other vehicles early one Sunday morning. Around 3 a.m., police were called to Maryland Route 175 between Interstate 95 and Route 108. According to police, the original vehicle involved in the striking accident left the scene of the accident. The victim was ejected onto the roadway and subsequently struck by another vehicle. While the driver of the second vehicle stayed at the scene of the accident, the first driver who initially struck the biker failed to remain at the scene.

What Should You Do After a Hit-and-Run Accident?

After a hit-and-run accident, as a victim, it can be important to seek any immediate and emergency medical care, and ensure that all victims involved seek such treatment. It can also be important to document at the scene of the crash after ensuring everyone’s well-being and safety. This includes taking photos of the vehicle(s) involved and their damage, taking photos of injuries, taking photos of any debris, and getting contact information for any witnesses. Additionally, speaking with police officers who can take your statement for a report may also be helpful. Police may use information reported from eyewitnesses, traffic cameras, and other clues to help determine and locate the driver who fled. Don’t forget to take the important step of contacting your insurance to notify them of the accident. Sometimes drivers, unfortunately, flee after an accident because they are not insured, which goes against Maryland law. However, notifying your insurance will ensure that you take all the proper steps after such an accident and can help you figure out what your insurance might cover. Finally, connecting with an experienced attorney will be very helpful. An experienced attorney can walk you through potential legal action to recover damages from the perpetrator.

Ford Motor Company Recalls 200,000 SUVs Over Dangerous Fire Risk

September 29, 2022 | Lebowitz & Mzhen

The manufacturers and distributors of consumer products that are sold in the UNited States have a responsibility to ensure that the products are reasonably safe when they are used as directed. Companies that continue to market dangerous products after they have known or should have known of the risk may be subject to serious legal liability if a consumer is injured or killed while using the product. Manufacturers often use product recalls to address and remediate dangerous product issues with merchandise that has already been sold. The Ford Motor Company has recently issued a recall for over 200,000 of their popular SUVs because several vehicles have caught fire, placing consumers at risk of serious injury.

According to a national news report discussing the recall, the company has issued recalls for approximately 200,000 Ford Expedition and Lincoln Navigator vehicles that were manufactured between 2015 and 2017. The recall was issued because at least 25 vehicles in the recall group have had fires break out from the climate control systems. Although no injuries have been reported yet, the danger posed by vehicles catching on fire is serious and must be addressed. The article does not specify which specific models are subject to the recall. Anyone owning a 2015-2017 Lincoln Navigator or Ford Excursion should reach out to a local dealer to determine if their vehicle is subject to the recall, where the needed repairs will be made free of charge by the dealer.

Why Do Manufacturers Recall Products?

Manufacturers use recalls in an attempt to get dangerous products removed from the market, and therefore limit their legal liability for injuries caused by their products. Consumers who are hurt or killed by products that have already been recalled may face obstacles in collecting compensation for their loss as a result of the dangerous product. A previously issued recall is not a total bar to relief in the event of an injury. Consumers who have been hurt by a dangerous product may be entitled to significant compensation, even if the product was recalled before or after the injury occurred. Manufacturers cannot use a recall to absolve themselves entirely from the consequences of a dangerous product. Anyone with questions about making a product liability claim based on a dangerous product would seek sound legal advice before pursuing any action.

Vision Obstructions that Can Lead to Motorcycle Accidents

September 10, 2022 | Lebowitz & Mzhen

Motorcycles can be harder to see when on a busy road for a variety of reasons, and this means that it is especially important for all drivers and pedestrians to take extra precaution. Motorcycles are much smaller than cars and trucks, which can lead them to be more difficult to see from a distance. The average motorcycle ranges from 75-100 inches long, with a heigh of 40-60 inches. A car’s blind spot may cause motorcycles to be hidden from view temporarily, which can be dangerous for motorcyclists. In addition, some drivers may misjudge the speed at which a motorcycle is going, which can result in injuries.

In a recent news report, a motorcycle collided with a car in Pennsylvania, resulting in a 58-year-old motorcyclist’s death. A trauma doctor pronounced him dead shortly after his arrival at the local hospital. According to preliminary investigations, the motorcyclist was wearing a helmet at the time of the accident. A car was headed northbound and began to turn left, and the motorcyclist was heading south and unable to avoid a collision, striking the passenger side of the vehicle. The driver of the car revealed to police that she didn’t see the motorcycle approaching due to the low sun.

Driving and riding in any type of motor vehicle comes with its own set of risks, and motorcycles are no different. According to the National Higway Traffic Safety Admnistration, 42 percent of fatal motorcycle crashes that involved another motor vehicle involved a vehicle turning left while the motorcycle was going straight, passing, or overtaking a vehicle. When drivers approach an intersection and are turning, their view of oncoming traffic is partially obstructed, but driverss should take the time to wait until they are able to see around an obstructions to ensure it is safe to proceed. Any time you approach an intersection, it is important to take extra time to ensure that you use your rear and side view mirrors to ensure that nobody is in your blind spots.