Drunk Driving

Filing a Personal Injury Claim After a Maryland Drunk Driving Accident

March 26, 2021 | Lebowitz & Mzhen

Although harsh penalties exist for drunk drivers, drunk driving remains a problem throughout the country. According to Maryland’s most recent statistics, crashes involving the use of alcohol or drugs amount to nearly 7,000 per year. To minimize the risk of Maryland DUI crashes, the state has imposed criminal penalties and license sanctions for those convicted of an impaired driving offense. For a first offense DUI, drivers face up to a $1,000 fine, up to one year in jail, 12 points assessed on one’s driving record, and license revocation for up to six months. Since 2016, drivers are also required to participate in Maryland’s Ignition Interlock Program following certain convictions.

Victims of a Maryland drunk driving crash may be able to recover financial compensation from a drunk driver. A victim in a DUI crash alleging that negligence must prove that the driver had a duty to the victim, the driver was negligent in acting or failing to act in some way, the driver’s actions caused the victim’s injuries, and the victim suffered damages. Evidence that a driver was arrested or convicted of a DUI offense is generally admissible in Maryland in a civil case against the driver. Victims may be able to recover financial compensation for property damages, medical bills, pain and suffering, wage losses, and other damages depending on the circumstances.

In a civil case, a victim must prove the case by the preponderance of the evidence standard. This is a lower standard than in a criminal case, and some evidence may be admissible in a civil case that is not admissible in a criminal case, which means that a civil case may still be viable even if a driver was not convicted of a DUI offense in a criminal court. Other parties may also be liable after a DUI crash, including a bar or other establishment that served the drunk driver, or another individual who allowed the driver to access the vehicle and drive drunk.

St. Patrick’s Day Safety Tips from Maryland Department of Transportation

March 17, 2021 | Lebowitz & Mzhen

St. Patrick’s Day is known for being a big drinking holiday. Despite the COVID-19 pandemic, this will likely ring true this year as Maryland recently lifted indoor dining restrictions in the state. Though bars and restaurants in the state had previously been able to operate at 50 percent capacity, they were allowed to operate at full capacity just in time for St. Patrick’s Day. Unfortunately, drunk driving crashes and pedestrian crashes are common on St. Patrick’s Day. For this reason, the Maryland Department of Transportation cautions residents to exercise safe driving practices by getting a ride home, and being extra vigilant on St. Patrick’s Day to avoid a Maryland car accident.

If someone decides to go out drinking, there are some precautions that can lessen the risk of a crash. First, designate a sober driver. If someone is going to drive, decide ahead of time who that person will be. Second, plan to eat throughout the evening. Eating throughout the night will create a buffer between the alcohol you are consuming and your stomach and slow the absorption of alcohol. Third, drink water. Drinking water throughout the night helps to reduce overall alcohol consumption and keeps you hydrated. Fourth, do not leave your drink unattended or accept drinks from strangers. Fifth, have a backup plan. Use a rideshare app to get home, call or a taxi, or have a friend on call if things do not go as planned. Sixth, watch out for pedestrians. Alcohol consumption is involved in almost half of pedestrian crashes. Be vigilant if you are driving and if you are on foot. Seven, take care of your friends. Make sure that your friends have a safe and sober ride home, as well.

In the event of a Maryland car accident alleging negligence, an injured individual must prove that the defendant was negligent by acting or failing to act in some way. This means proving that the defendant had a duty to exercise reasonable care toward the individual, that the defendant failed to exercise reasonable care, that defendant’s failure to exercise reasonable care caused the individual injuries, and that the individual suffered damages. In the case of gross negligence, a plaintiff must prove the elements of a negligence case, and must show that the defendant acted with a wanton or reckless disregard for others. In a drunk driving case, others may be responsible in addition to or in lieu of the driver, including a parent or another person who negligently entrusted the driver with a car, or a bar who served the driver alcohol when they were already visibly intoxicated.

Separating Phases of a Trial in a Maryland DUI Case

February 17, 2021 | Lebowitz & Mzhen

Separating phases of a trial, known as bifurcation, often occurs when failing to do so would introduce issues in another phase that would improperly influence the jury. For example, in a criminal DUI case, if a defendant had a prior DUI, the case might be split into the guilt and sentencing phases so that the jury would not be influenced by the prior DUI in deciding whether the defendant is guilty. In a Maryland civil DUI case, the case might be split into a compensatory damages phase and a punitive damages phase, so that the jury would not be influenced by the fact that the defendant was driving drunk in deciding the amount of damages the plaintiff should be awarded. Similar concepts apply in Maryland car accident cases.

In Maryland, the trial judge has the discretion to decide whether to bifurcate or trifurcate a trial. The trial judge’s decision may be overturned if the trial judge abused his or her discretion. Under Maryland Rule of Civil Procedure Rule 2-503, a judge may separate trial of a claim or issue because it would be convenient or to avoid prejudice.

In a recent case, the judge decided to bifurcate compensatory and punitive damages phases of a DUI accident trial but allowed evidence of the defendant’s intoxication in the compensatory damages phase. In that case, the plaintiff was stopped at a red light and was rear-ended by the defendant driver. The plaintiff filed negligence claims against the defendant driver and against the entity that owned the vehicle. The defendant driver was drunk at the time of the crash, and the plaintiff sought both compensatory and punitive damages. The jury found in favor of the plaintiff and awarded over $2.5 million in compensatory damages and subsequently awarded $15,000 in punitive damages.

When Can an Employer Be Held Liable for Their Employee’s Negligence After a Maryland Accident?

February 10, 2021 | Lebowitz & Mzhen

Individuals injured in Maryland accidents have the ability to file a personal injury lawsuit against the party who negligently caused the accident. In some cases, they can also bring suit against the defendant’s employer, who may be more able to financially compensate the victim. But typically, to recover under this theory of vicarious liability against the employer, an individual must prove that the employee’s negligent actions occurred in the course and the scope of their employment. This can be a confusing doctrinal point for many potential plaintiffs, but it basically means that employers cannot be sued for things their employees did outside of their work—if an employee who gets weekends off gets drunk one Saturday night and goes on a drive to a bar, for example, their employer typically cannot be held liable if they cause a car accident because that accident had nothing to do with their employment. This is an important nuance to understand in the doctrine for plaintiffs considering filing suit against a negligent defendant and their employer.

One recent state appellate case illustrates this doctrine and how it may come up. According to the court’s written opinion, the defendant in the case was an employee at a deli, and sometimes made deliveries with his own car. One morning, his manager called him early to make a delivery later that day, and he agreed. He left for work a little earlier than usual that morning so he could do some prep before taking the delivery. On his way to work, he lost control of his car and struck another vehicle, killing the two men inside. A blood test after the accident showed that he had marijuana in his system at the time of the accident. The deceased driver’s wife filed suit against the employee and his employer, arguing that they were vicariously liable for the accident. The employer filed for summary judgment, arguing that the employee was not acting in the course and scope of his employment at the time of the accident.

On appeal, the appellate court found that the employer was entitled to this grant of summary judgment, because going to and from work in one’s own vehicle generally falls outside the scope of employment. The employee was driving his own car, had not yet clocked in, and would not be paid for the time spent in his commute—and thus, it was not sufficiently related to his employment such that vicarious liability was proper. This case highlights the importance of understanding how and when various forms of liability are proper when filing a personal injury lawsuit, to maximize your chances of success.

Maryland Does Not Allow Dram Shop or Social Host Liability

October 1, 2018 | Lebowitz & Mzhen

When someone is injured in a Maryland DUI accident, it is conceivable that there are multiple liable parties. Of course, the motorist who was driving drunk is the most obvious party; however, it would seem logical that the individual or establishment that overserved the intoxicated driver also bears some responsibility.

The concept of holding third parties liable for a negligent driver’s actions is not unheard of, and courts impose third-party liability all the time in cases involving a negligent employee. In fact, many states also impose third-party liability in the drunk-driving context through statutes known as dram-shop and social-host liability laws. At the heart of both of these claims is the concept that a person – either acting in their individual capacity or in their capacity as an employee for a bar or restaurant – should know that overserving alcohol to a customer puts others in danger.

In Maryland, however, courts have rejected both dram-shop and social-host liability claims. As recently as 2013, the Court of Appeals of Maryland heard a dram-shop case, issuing an opinion including a lengthy discussion of the societal and legal considerations of a court adopting such a doctrine.

Court Allows Defendant’s Prior DUI Convictions into Evidence in Recent Car Accident Case

May 22, 2017 | Lebowitz & Mzhen

Earlier this month, a state appellate court issued a written opinion in a car accident case in which the plaintiff’s vehicle was struck by a drunk driver. The case required the court to determine if the defendant’s prior convictions for driving under the influence could be admitted at trial. Ultimately, the court concluded that the prior convictions were relevant to the punitive damages determination and thus should be admitted for that limited purpose.

The Facts of the Case

The plaintiff was driving to work on the highway when suddenly, the defendant’s vehicle crossed over into the plaintiff’s lane of traffic. The two vehicles collided head-on. It was later determined that the defendant had a blood-alcohol content of .18, which is over twice the legal limit.

The plaintiff filed a personal injury lawsuit against the defendant. During the plaintiff’s case, he attempted to introduce evidence that the defendant had been convicted of driving under the influence on two prior occasions, once in 1996 and another time in 1983. The court allowed the evidence to be admitted over the defendant’s objection. Ultimately, the jury awarded the plaintiff over $1,500,000.

Two Killed in Glen Burnie Head-On Collision; Alcohol Suspected To Be a Factor

November 2, 2015 | Lebowitz & Mzhen

Late last month on Halloween, two vehicles collided head-on in Glen Burnie, killing both drivers. According to one local news source, the accident occurred on Solley Road near where it meets Chestnut Springs Lane. The fatal accident claimed the lives of both drivers, and the three passengers involved in the accident were also seriously injured.

Evidently, three teenage friends were driving in a Nissan on Solley Road, heading to a Halloween party. At some point, another Nissan approaching in the opposite direction inexplicably crossed over the center line and collided with the Nissan carrying the three teens. After the initial collision, the vehicle that crossed over the center line flipped on its roof and continued to slide down the highway until it collided with a third vehicle.

In the end, both drivers of the Nissan vehicles were dead. Two teenage passengers in one of the vehicles, as well as the woman’s husband in the other Nissan, were all taken to the hospital. Since the accident, all of the injured parties have been released from the hospital.

Alcohol a Factor in Fatal Prince George’s County Head-On Collision

September 8, 2015 | Lebowitz & Mzhen

Earlier this month in Prince George’s County, a head-on collision claimed the life of one man and seriously injured two others. According to one local news report, the accident took place on a Saturday afternoon on Maryland Route 231.

Evidently, the driver of a pick-up truck was driving on Route 231 when he inexplicably veered over the center median and into oncoming traffic. As he did so, the truck he was controlling crashed into another vehicle head-on. The truck was only occupied by its driver, but the other vehicle had two people inside.

The driver of that other vehicle, a 59-year-old man from Chesapeake Beach, was fatally injured in the accident and was pronounced dead on the scene by emergency responders. The passenger in the other vehicle, as well as the driver of the pick-up truck, were both taken to the hospital with serious injuries. Both, however, are expected to make a full recovery.

Pick-Up Truck Driver Charged with Attempted Murder after Crashing into 20 Vehicles

July 15, 2015 | Lebowitz & Mzhen

Earlier this week in Cambridge, Maryland, several people were injured when a pick-up truck towing two jet skis caused an accident involving roughly 20 other vehicles. According to one local news source, the accident took place on a Monday evening, just before nine o’clock, on Locust Street.

Evidently, the truck was driving with a trailer in tow when it started colliding with several other cars on the road, both occupied and unoccupied. Eventually, the truck lost control and ended up striking a marked police car head-on. The driver of the truck did sustain serious injuries and was flown to Peninsula Medical Center in Salisbury. The police officer whose car was hit was also taken to the hospital, and he is expected to make a full recovery with time. Those seem to be the only serious injuries.

After police caught up with the truck’s driver, they arrested him. He has since been charged with attempted murder and several other charges relating to the accident. Police are also awaiting toxicology reports to see if drugs or alcohol may have been a factor in what certainly seems to be an odd accident.

Eighty Maryland Drunk-Driving Arrests in One Weekend

June 22, 2015 | Lebowitz & Mzhen

Earlier this month, an article by the local Baltimore CBS affiliate was published, indicating that over one weekend in June there were over 80 DUI or DUI-related arrests across the State of Maryland. According to the article, a large percentage of those DUI arrests involved drivers with a blood-alcohol content (BAC) of .16 or more, which is twice the legal limit for safe driving in Maryland.

Drunk driving has become such a problem in Maryland that the state police have created a task force, called the State Police Impaired Driving Reduction Effort (SPIDRE) Team. Of the 80 arrests across the State, 13 were made by the SPIDRE team. According to one member of SPIDRE, “Most of the people that we’re coming in contact with now, it’s not the people that get 1 or 2 drinks at dinner, it’s people that this is what they do, this is what they like to do,” referring to driving after consuming several drinks.

In fact, the average blood-alcohol content for a SPIDRE arrest is .17, which is well over the .08 legal limit. According to the CBS article, this is approximately seven or eight drinks for an average-sized man or approximately five drinks for an average-sized woman.