Maryland Accident Law Blog

Maryland Police Investigation Two Fatal Crashes in Recent Weekend in Cecil County

October 24, 2021 | Lebowitz & Mzhen

State police in Maryland are investigating two fatal crashes that occurred on a recent weekend in Cecil County, Maryland, according to one news source. In the first fatal crash, according to a preliminary investigation, shortly before 10 pm on a Saturday night, a driver was driving a car southbound on MD 272 in North East, Maryland when she struck a pedestrian who was crossing the road. The pedestrian, a 39-year-old woman from Elkton, Maryland, died at the scene of the crash. Law enforcement was deciding whether any charges would be filed in the case. The second fatal crash occurred in the same area just a few hours later. According to a preliminary investigation, the crash occurred around 2 am when a Jeep Cherokee drove southbound in the northbound lanes on MD 272. The Jeep crashed into a Ford F-250 head-on which had been traveling northbound. The driver of the Jeep died as a result. He was 60 years old and was from Delaware.

Filing a Claim After a Fatal Crash

In the tragic event of the death of a loved one, the family members of the victim may be able to file a wrongful death claim against any parties responsible for the loss of the victim. Under Maryland’s Wrongful Death Act, certain surviving family members can file a lawsuit after their loved one’s death to seek to hold responsible parties liable and to seek compensation. A wrongful death claim may provide surviving family members with compensation for the losses suffered due to their loved one’s death, including loss of companionship, loss of financial support, and more.

In a wrongful death claim after a fatal crash, similar to other negligence lawsuits, the plaintiff has to prove: that the defendant owed the victim a duty of care; that the defendant failed to meet the standard of care by acting or failing to act in some way; that the defendant’s breach of the standard of care caused the victim’s injuries; and that the plaintiff suffered damages. A plaintiff has the burden to prove that it was more likely than not that the victim’s injuries were caused by the defendant’s conduct.

Maryland Man Killed After Car Crashes into His Home

October 17, 2021 | Lebowitz & Mzhen

While individuals are more likely to get into a car or truck accident while they are driving, there is the possibility of getting injured by a car in other situations. Whether they are hurt in a vehicle or in their home, after someone is hurt in an accident, they can bring a personal injury lawsuit against the responsible party. In doing so, the plaintiff hopes to receive damages—to help them both financially and emotionally recover. But damages greatly widely depending on the facts of the case and where the case is filed.

A 68-year-old Maryland man was recently killed in his home when a pick-up truck crashed into his house. The man was sleeping in a chair in his living room when the truck crashed through the house and pushed him through the wall. Before crashing into the house, the pick-up truck veered off the road and struck a utility pole. The police are investigating the accident.

In cases like the one above, either an injured person or his family—if he is killed—can pursue monetary damages by bringing a lawsuit against the person who caused the accident. Every state differs in the total amount of damages a victim can receive, along with the types of damages a jury can award the plaintiff.

Covering the Rising Costs of Medical Bills After a Maryland Accident

October 11, 2021 | Lebowitz & Mzhen

A Maryland car accident can have significant consequences on a victim’s financial, medical, and psychological standing. Under Maryland’s “at-fault” model of recovery, the “at-fault” party is responsible for compensating the victim for property damage, medical expenses, lost wages, pain and suffering and other economic damages. However, in many cases, the at-fault party refuses to take responsibility for the accident. In those situations, the injury victim’s insurance company is responsible for any property damage. The injured party’s insurance company will attempt to collect from the at-fault party’s insurance company. However, like every aspect of a car accident, unexpected issues often arise, and collecting damages can be a challenging experience.

One of the most frustrating aspects of an accident occurs when insurance coverage does not cover the extent of a person’s losses. This tends to occur after particularly catastrophic accidents. In these cases, the injury victim or their loved ones may go after the at-fault party directly. It is imperative to retain an attorney to assist through this process. An attorney can ensure that their clients recover the damages they deserve.

This is especially important with the rising costs of healthcare in the country. The New York Times recently reported on a tragic case that highlights the impact medical bills can have on a family’s livelihood. In that case, a family with seemingly good health insurance lost their premature daughter after contracting an infection while in the neonatal intensive care unit. A few months after their daughter’s death, they received various medical bills and debt collection notices from insurance companies. The insurance company inadvertently paid the hospital for care and turned to the family to cover their losses. Experts explained that these instances speak to the unpredictability of the American healthcare billing process. In many cases, patients and their loved ones do not understand what their medical costs are until they receive a bill.

Recovering After a Maryland Public Transit Bus Accident

September 30, 2021 | Lebowitz & Mzhen

Although most people think of accidents as between two cars, buses or commuter trains are often involved in major collisions also. When the Maryland accident involves a municipal bus associated with public transportation provided by the state as the at-fault party, however, there are a number of special requirements that potential plaintiffs must understand and keep in mind when pursuing their claim in court.

According to a recent local news report, a Metro bus was part of a multiple vehicle car accident. Local authorities reported that the Metro bus was proceeding southbound when it lost control and veered into one car, which caused a chain reaction with several other vehicles. The front end of the bus eventually crashed into a Honda Pilot, where it came to a stop. Pictures of the scene posted by local fire and EMS officials show a maroon SUV trapped under the Metro bus and at least one other vehicle with significant front-end damage. First responders arrived on the scene and six patients required evaluation, including two who had serious but non-life-threatening injuries. Four of the people involved were transported to local hospitals for further treatment. The accident remains under investigation.

If you have been involved in a similar accident where a Metro, municipal bus, or commuter train is the at-fault party in an accident, you may be considering filing a personal injury lawsuit to recoup compensation for your injuries or damaged property. To bring a successful claim following this kind of accident, potential plaintiffs would be suing the Maryland Transit Administration or one of its employees, which is essentially a lawsuit against the State of Maryland.

Notice Requirements in Maryland Medical Malpractice Claims

September 23, 2021 | Lebowitz & Mzhen

Maryland medical malpractice lawsuits have certain requirements that are not necessary for other personal injury claims. Most importantly, before filing a Maryland medical malpractice claim, a claimant must file a certificate of a qualified expert.

Under MD Cts & Jud Pro Code § 3-2A-04 (2019), a certificate of a qualified expert must be filed within 90 days from the date of the complaint, attesting to the defendant’s departure from the standard of care and that the departure is the proximate cause of the alleged injury. The certificate must be served on all other parties to the malpractice claim. The 90-day deadline may also be extended in some circumstances. The requirement to obtain a certificate of a qualified expert is meant to curb meritless medical malpractice claims. If a defendant disputes liability, the defendant is required to file a certificate of a qualified expert within 120 days from the date the claimant or plaintiff served the certificate, which must detail the defendant’s compliance with the standard of care or that the deviance from the standard of care was not the proximate cause of the alleged injury. Failing to follow the state’s requirements for medical malpractice claims can result in the dismissal of the lawsuit.

In a recent case, a defendant argued that the plaintiff failed to follow notice requirements in a medical malpractice case by failing to properly serve a defendant. In that case, an inmate at a prison was attacked by other inmates, resulting in lacerations and a fractured jaw. He was taken to a hospital and later had oral surgery done on his fractured jaw at a medical center. He later filed a medical malpractice suit against defendants, including the surgeon. Under that state’s law, before filing a medical malpractice suit, the claimant was required to notify prospective defendants of the claimant’s intent to file a medical malpractice claim. Notice also had to include a completed authorization form, if available.

Recovering from a Maryland Car Accident Caused by Negligence

September 16, 2021 | Lebowitz & Mzhen

Every year, new models of cars boast shiny safety features and additional software mechanisms designed to keep us safer as we navigate the road. Sometimes, however, these safety features are not enough to prevent accidents from taking place. If a safety feature on someone’s vehicle is purposely turned off and that individual negligently causes a Maryland car accident, the individual who negligently causes the accident is still the one who must be held accountable.

According to a recent news report, a major car accident left two people dead and three seriously injured. Local authorities reported that a fully airborne Tesla plowed through a stop sign and into a home. Video footage of the scene of the accident shows the car crashing through the house, where it left a gaping hole in its wake. Officials also noted that the Tesla did not have its autopilot function operating at the time of the crash, which is designed to prevent accidents like this from taking place. The details surrounding the accident remain under investigation.

Following a car accident in Maryland, you may be considering bringing a personal injury lawsuit to recover monetary compensation for any physical injuries or property damage. To do so, it is crucial that you first understand two significant Maryland car accident laws that could affect the success of your claim.

Establishing Fault in a Maryland Multi-Vehicle Car Accident

September 9, 2021 | Lebowitz & Mzhen

When people think of a typical, run of the mill car accident, they may assume that most accidents take place between two parties. Sometimes, however, accidents can take place between multiple parties, which can both increase the severity and consequences following the collision, but also make things complicated when it comes to establishing who is truly at fault. To best advocate for yourself following a multiple vehicle accident, it is crucial that Maryland drivers understand how fault is determined and how state laws can have an impact on these delineations.

According to a recent local news report, three individuals were pronounced dead after a fatal multi-vehicle car accident. Maryland police reported that the driver of a Camaro was traveling in excess of 100 miles per hour eastbound in a westbound lane when it crashed head-on with a Corolla. Investigators believe that the debris from this initial accident disabled the third vehicle involved, a Mitsubishi Eclipse. The Camaro’s driver, an additional passenger in the Camaro, and the driver of the Corolla were both pronounced dead on the scene by emergency responders. The driver of the Eclipse and his passenger did not require medical treatment. The investigation is ongoing and being conducted by the Maryland State Police Crash Team.

In Maryland, before figuring out how to establish and apportion fault, it is crucial to understand the basics of the state’s auto accident laws. Maryland employs at-fault car insurance coverage requirements, which means that drivers who cause an accident are responsible for paying for resulting damage and medical bills.

Maryland Residents Are Eligible to Join Roundup Lawsuits

August 25, 2021 | Lebowitz & Mzhen

The manufacturers of consumer products have a duty to perform reasonable tests to ensure that their product is safe for use. In the event that a product may be dangerous to use, manufacturers are required to adequately warn consumers of the dangers that are known. manufacturers can be held accountable for significant damages in the event that their products harm people. If manufacturers fail to disclose known risks of a product, they could be required to pay damages well in excess of the actual harm caused to a victim by their product. The California Court of Appeals recently affirmed a substantial verdict against Monsanto, the manufacturer of the popular weed control product Roundup, which contained a significant amount of punitive damages against the company.

The plaintiffs in the recently decided case are a married couple who used roundup on their properties from the 1980s until 2015. Based on the information contained in the packaging and from advertisements, the plaintiffs did not think that Roundup was a dangerous chemical, and they used it liberally on their properties without gloves or other protective equipment. After using the product for years, both plaintiffs developed non-Hodgkin’s lymphoma, a type of cancer that has been linked to the use of Roundup and other herbicides. The plaintiffs sued the defendant in state court, alleging that the product was dangerous and defective and that the defendant failed to warn consumers about dangers that they knew of.

During a six-week trial, witnesses testified that the defendant had access to information that their product caused cancer, and failed to warn consumers of the risk. Additionally, witnesses testified that the use of gloves and other safety equipment could significantly reduce the risk of cancer, however, the product label did not advise consumers to use protective equipment. Witnesses also testified that the plaintiffs’ use of Roundup was a substantial contributing factor in the development of their cancer. The jury ultimately ruled in favor of the plaintiffs on all claims, initially awarding tens of millions of compensatory damages and $2 billion in punitive damages against the company. The punitive damages were reduced by the court, and the final verdict totaled approximately $86 million.

Third-Party Liability after Maryland Workplace Accident

August 18, 2021 | Lebowitz & Mzhen

Maryland’s Workers’ Compensation Commission (MWCC) provides compensation to workers who suffer injuries on the job. The coverage only includes medical care and some wage benefits. However, the system rarely covers the extent of injuries and subsequent damages that Maryland workers often face after a workplace accident. In most cases, workers’ compensation is the sole remedy for Maryland workers who suffer injuries at work. The only exceptions include when the victim’s employer engaged in intentional or willful conduct.

While the law limits many victims, there may be additional avenues of relief. For instance, an injured worker may be able to file a lawsuit against a negligent third party that caused their accident. These claims are distinct from workers’ compensation and allow victims to go through the traditional civil court claims process. A third-party claim may be relevant in cases involving:

Independent contractors;

Responsibility for Maryland Car Accidents Caused by Bad Weather

August 11, 2021 | Lebowitz & Mzhen

Most Maryland car accidents involve a number of contributing factors that led to the final collision. Courts and insurance adjusters will look to the totality of the circumstances when making determinations regarding fault and liability. Several environmental factors may come into play when evaluating an accident. In most cases, an outside influence, such as weather, impacted the accident. However, it is essential to note that an unavoidable weather event does not necessarily remove responsibility from an at-fault driver. While bad weather may exacerbate an accident, drivers still maintain the duty of care to modify their driving to adjust to the changing weather conditions.

Bad or unexpected weather can cause a chain reaction of events that can cause catastrophic injuries to other motorists, passengers, and bystanders. For example, a recent sandstorm resulted in a deadly pileup. An out-of-state highway patrol officer explained that a 22-vehicle crash occurred after strong winds caused a sand and dust storm. Many drivers began stopping their vehicles because they could not see the road.

The sudden stopping caused various collisions, including accidents between large tractor-trailers and smaller sedans. Ultimately, eight people suffered fatal injuries in the accident, including four children. Authorities believe that a thunderstorm about 90 miles away from the dust storm stirred up dirt and dust that led to the sandstorm. The Weather Service advised residents that the wind surges could reach over 60 miles per hour. Accident scene photos depicted piles of wreckage and vehicles pinned underneath large trucks. However, these extreme weather events are becoming more common as the United States has been encountering several droughts.