Car Accidents

Man Sentenced on Criminal Charges Following Fatal Maryland DUI Accident

February 22, 2022 | Lebowitz & Mzhen

Recently, a woman who was convicted following a Maryland drunk driving accident was sentenced to a prison term of 20 years, with all but six years of the sentence being suspended. As a result, the woman will serve six years in jail for killing two people in a March 27, 2021, DUI accident.

The accident occurred near the intersection of Darnestown Road and Blackberry Drive, in Gaithersburg, Maryland. Evidently, the woman was speeding and under the influence of alcohol when she crashed her BMW into the couple’s Toyota RAV 4, killing the couple and their dog, who was also in the vehicle. The woman accepted responsibility, pleading guilty to several serious felonies and, in early February of this year, was sentenced. The sentencing judge accepted the prosecutor’s recommended sentence of 20 years in prison with all but six years suspended followed by five years of probation.

Criminal Cases Following a Fatal DUI Accident

After a fatal drunk driving accident, grieving family members may not know where to turn for answers. However, it is important that families understand their options, because a criminal case against the driver does not necessarily mean that they will obtain the justice they are seeking.

Confronting the Sudden Medical Emergency Defense for Maryland Car Accident Victims

February 15, 2022 | Lebowitz & Mzhen

Under Maryland law, drivers owe a duty of care to other road users to avoid causing harm. These duties include behaviors such as following traffic rules, maintaining proper licensure, and modifying behaviors to comport with inclement weather. However, the duties become muddled when the accident or injury results from a sudden medical emergency that makes a driver unable to operate their vehicle safely.

The party bringing forth a Maryland personal injury lawsuit maintains the burden of proof; however, the adverse party can avoid liability by establishing a valid defense. As such, the party claiming a sudden medical emergency must prove that:

They became suddenly incapacitated before the accident;
The incapacitation caused the driver to lose control of their vehicle; and
The incapacitation and loss of control was a result of the sudden medical emergency.

A sudden medical emergency can involve various types of events such as:

Fainting
Seizure
Stroke
Heart Attack
Brian Aneurysm
Choking

Establishing Fault and Recovering Compensation after a Maryland Red Light Accident

January 17, 2022 | Lebowitz & Mzhen

Red-light running is a frequent occurrence that can have deadly consequences on Maryland drivers, passengers, and pedestrians. In Maryland, red-light running refers to situations when a vehicle enters an intersection at any point after the signal changes. According to the Insurance Institute for Highway Safety, most recent statistics indicate that nearly 850 people died in a traffic accident invovling red-light running. Many cities and towns throughout the United States implement red-light cameras to deter negligent driving. While these reduce the rate of fatalities, serious accidents continue to occur.

For instance, Maryland news reports described a fatal crash in St. Leonard, MD. According to witness statements, physical evidence, and vehicular damage, it appears that a Jeep driver failed to stop at a left turn light and ran a red light. The Jeep driver attempted to pass a tow truck and turned when the signal was red. As the Jeep driver turned, a Ford pickup truck entered the intersection and slammed into the Jeep. The Jeep driver and a 13-year old passenger suffered serious injuries, and a 16-year-old passenger died from his injuries. The Ford driver and passenger did not request medical treatment.

Establishing liability after a red-light collision can pose challenges. Even in cases where the other driver receives a ticket or citation, the injury vicitm must still prove negligence. An attorney can assist claimants in gathering and presenting compelling evidence. Some common forms of evidence after a red-light accident include:

The Importance of an In-Depth Investigation in Maryland Accident Cases

November 19, 2021 | Lebowitz & Mzhen

Immediately after a car accident, it may be hard to think clearly because of the adrenaline of the moment. It is crucial, however, to take several steps toward documenting the accident, if you are able, so that you can both aid in your personal stake in recovering following the collision, and also help with ongoing investigations by local authorities into your crash.

According to a recent news report, Maryland State Police are investigating a crash involving multiple vehicles. Troopers responded to a report of an accident with four vehicles, where a preliminary investigation showed that a Volvo tractor-trailer collided with the rear of a Dodge caravan, which pushed the Dodge off the road and into the jersey wall. The tractor-trailer then crashed into the rear of a Hyundai and sideswiped a Toyota. The driver of the Dodge was transported to a local hospital for treatment, where she later died from her injuries. The Hyundai driver was also transferred to a hospital for treatment. Maryland State Police and their Crash Team are still investigating the cause of the accident.

Determining what exactly happened in the course of a collision, especially one with multiple parties, is crucial. Whether it’s the parties involved in the accident or the insurance companies, knowing exactly what took place is important both for subsequent disputes and for maximizing your chances of receiving compensation.

Roadside Accident Victims in Maryland May Be Eligible for Compensation

November 11, 2021 | Lebowitz & Mzhen

Maryland state troopers are looking into a recent Maryland roadside crash in which a AAA worker was killed while changing a tire. According to one news source, the AAA worker had just finished changing a flat tire on I-70 in Marriottsville when a pickup truck driver hit him and his work van. Investigators are still trying to determine what caused the crash, including possible factors such as distracted driving and speed. The crash occurred at around 11:30 in the morning. The worker was wearing a safety vest and the emergency lights on the work van were flashing.

A AAA Public and Government Affairs Manager said that the crash highlighted the dangers that first responders, police, tow truck drivers, and EMS face every day on the side of the road while assisting others. A AAA representative reported that this was the sixth worker killed on the job within the last six months. A recent AAA survey found that 75 percent of first responders in Maryland report that drivers do not move over or slow down.

Maryland’s Move Over, Slow Down Law and Its Consequences

When Maryland drivers approach emergency, tow truck, law enforcement, transportation, and utility vehicles that are stopped, standing, or parked on the highway with their lights flashing, drivers must move over. If drivers cannot safely move over, then they must slow to a reasonable and safe speed considering the conditions. The law originally applied only to first responders and law enforcement but later expanded to include tow truck drivers. Violators of the law may be fined and may be charged with criminal charges in some cases. They also may be subject to civil lawsuits if anyone is injured as a result.

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.

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.

What Do Maryland Accident Victims Need to KNow About Personal Injury Lawsuits?

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.

Tragic Maryland Car Accident Leaves Three Dead

April 20, 2021 | Lebowitz & Mzhen

As the world opens back up again, many are considering taking road trips or traveling as the weather improves and things appear safer. With more people on the road, however, this can also mean an increased risk of a Maryland car accident. Sometimes, no matter how much caution we exercise while driving, accidents still happen because of external factors out of our control such as other drivers, weather conditions, or visibility.

According to a recent news report, a tragic Maryland crash left three individuals dead. Local authorities reported that a Ford van with seven people, including the driver, was driving back home to Maryland from Orlando where they had just wrapped up vacationing with family and friends. While traveling northbound, the driver of the van veered into the shoulder of the road, over-corrected, and then flipped the vehicle several times. The roof of the van tore open and ejected multiple passengers, including a three-year-old. She was airlifted to a local hospital and survived the crash but has broken arms and a fractured neck. Following the accident, two young children who were sisters and a family friend in the vehicle were pronounced dead at the scene. According to officials investigating the crash, the stretch of road that the van was driving on is particularly dark because there are no lights that illuminate the road at night—so visibility was likely low when the crash took place.

How Long Do You Have to File a Maryland Wrongful Death Lawsuit?

Following a major car accident, you may feel at a loss as to what to do next. If you wish to recover from your injuries, however, time is of the essence and filing your claim as soon as possible is in your best interest. In Maryland, a statute of limitations for auto accident claims involving negligence is three years. This means that your lawsuit must be filed within three years of the date that the accident took place or you will be barred from bringing a claim in the future. Thus, potential plaintiffs following a car accident involving significant injuries or even death are advised to contact an experienced attorney who can help you navigate these claims