Wrongful Death

Fatal Car Accident Under Investigation After Attempted Traffic Stop

May 31, 2024 | Lebowitz & Mzhen

As of 2017, the AAA Foundation for Traffic Safety has found that both the rate and fatality levels of hit-and-run collisions are on the rise. There were an estimated 737,100 hit-and-run crashes in 2015. This translates to a hit-and-run crash happening somewhere in the U.S. every 43 seconds. The 2,049 fatalities that resulted from hit-and-run crashes in 2016 were the highest number recorded up to that point. The AAA Foundation for Traffic Safety defines hit-and-run accidents as collisions in which at least one person involved in the crash departs the scene of the crash before offering any (or sufficient) information or aid to the other involved person(s) or fails to properly report the crash. Hit-and-run accidents are a major issue for many reasons, but in particular, they can increase the severity of outcomes given delays or the complete absence of medical attention for the victims.

What Makes Hit and Run Accidents More Common?

Hit-and-run accidents are often characterized by several distinct elements. Common characteristics include the accident having very few witnesses and or poor lighting, as the driver is more likely to believe there will not be repercussions for their behavior. If there are many witnesses or the scene is highly visible, people are less likely to flee the scene of a crash. Similarly, drivers are much more likely to flee the scene of an accident between the hours of midnight and 4:00 a.m., than between 8:00 a.m. and 11:59 a.m. This is due to a host of reasons, but one explanation is that nighttime drivers generally engage in more risky behavior.

A recent news report described a fatal accident. According to the reporting by DC News Now, one person is dead and another was taken to the hospital after a serious crash. The Maryland Office of the Attorney General said it is conducting an independent investigation after a fatal crash followed an attempted traffic stop in Rockville. Two Montgomery County Sheriff Deputies were in the area of Rockville Pike near Flanders Avenue just before 2:30 a.m. when they saw a Dodge sedan speeding. Shortly after they turned on their emergency equipment, they came across a two-car crash between the sedan and another car. Investigators believe the Dodge sedan collided with a Honda sedan, which was turning onto Rockville Pike. The driver of the Dodge attempted to flee on foot and was found shortly by the police. The driver of the Honda – a woman – was pronounced dead at the scene.

Report: Maryland Roadway Fatalities On Track for Increase From Last Year

August 31, 2023 | Lebowitz & Mzhen

A recent report from the Maryland government roadway fatality reduction initiative, Zero Deaths Maryland, indicates that Maryland is currently on track for a higher number of roadway fatalities in 2023 than in 2022. At this time last year, Maryland had 321 roadway fatalities reported, while currently Maryland has 353 roadway fatalities reported. Since 2018, the number of fatal crashes in Maryland has gradually increased year by year. In 2018, there were 485 fatal crashes, but the total rose to 546 by 2020.

There are various causes of fatal automobile accidents, including the size of the vehicles involved and whether any of the vehicle operators were impaired. According to Zero Deaths Maryland, the state has been relatively stable when it comes to fatal car accidents involving driver impairment and overall accidents involving impaired drivers. In 2017, Maryland had 170 driver-impaired fatal crashes while in 2021, the state had 154 driver-impaired fatal crashes. Similarly, in 2017 there were 6,654 total driver-impaired crashes, while in 2021 there were 6,522.

Accidents involving large seized vehicles such as trucks or RVs and campers are also inherently more dangerous than other types of crashes for a number of reasons. Trucks, especially semi-trucks or 18-wheelers are heavier and larger than standard passenger vehicles, resulting in more serious accidents when they are involved in crashes. Additionally, the conditions that many truck drivers operate under force them to drive extreme distances, resulting in fatigue. Finally, shipping trucks are also potentially carrying hazardous cargo, complicating truck crashes and accidents. While many people intuitively understand the greater risks involved in truck accidents, they may not know that according to the statistical analysis organization Policy Advice, truck accidents have increased by 52% since 2009, and 74% of all fatal passenger vehicle accidents include a large truck. A recent news article discussed a local fatal truck crash.

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.

Fatal Maryland Car Accident Claims

August 31, 2022 | Lebowitz & Mzhen

Every year, Maryland motor vehicle accidents cut the lives short of thousands of people in the state. The Maryland Department of Transportation (MDOT) reported 534 fatalities on Maryland roads in 2019. While the pandemic significantly reduced the traffic on the state’s roadways, reports indicate that fatal Maryland car accidents were up 12 percent from 2019 and 17 percent from 2018. The majority of Maryland traffic fatalities occur in Prince George’s County, Baltimore County, Montgomery County, Anne Arundel County, and Baltimore City. Baltimore City likely experiences fewer fatal accidents because not many large trucks travel within the city limits.

The leading cause of fatal accidents is a result of an unsafe or sudden road or lane departure. Lane changes occur when a vehicle exits its lane and slams into another vehicle or object. These road and lane departures are connected to nearly 50% of all fatal accidents in the state.

For example, a recent local news report described a fatal two-car collision in Anne Arundel County. The accident occurred when a Chevy SUV driver tried to change lanes and was hit by Dodge Charger. The driver and passenger of the SUV died upon impact, and the other driver was airlifted to a hospital with serious injuries.

Recovering in a Maryland Wrongful Death Suit

May 1, 2022 | Lebowitz & Mzhen

Following a loved one’s unexpected passing, you may feel overwhelmed and unsure of what to do next. In fact, pursuing a lawsuit may be the furthest thing from your mind. Depending on the circumstances of the situation, however, a lawsuit may be the best course of action for you and your loved ones. Understanding how to recover following the loss of a loved one can often be a complex legal process, so getting a lay of the land of the implications the law could have on your case is essential.

According to a recent local news report, a teenager was recently struck and killed in a fatal tractor-trailer accident. Based on a preliminary investigation, Maryland State Police reported that the teenager ran into the middle of the road suddenly when he was struck by a passing tractor trailer. The teenager was found dead at the scene. The driver of the tractor-trailer remained at the scene and there were no other reported injuries. Maryland authorities are continuing to investigate the circumstances that led to the accident.

In Maryland, a wrongful death occurs when someone dies because of the negligent or reckless actions of another individual. Wrongful death claims are typically filed by relatives of the deceased and seek compensation for harm done to them as a result of losing their loved ones.

Understanding Maryland Wrongful Death Lawsuits and Survival Claims

December 16, 2021 | Lebowitz & Mzhen

No one is ever ready to lose a loved one, especially not to an unexpected and sudden accident. When you lose a loved one out of the blue because of another party’s negligence or recklessness, it can be even more painful and frustrating, because it likely should not have happened in the first place.

According to a recent local news report, a pedestrian died after being hit unexpectedly in an accident. Maryland Transportation Authority Police reported that the victim, an unidentified man, died from his injuries at the scene. The accident remains under investigation as local authorities work to identify the party responsible for causing the accident and fleeing the scene.

In Maryland, if an accident like the one described above takes place and involves you losing a loved one, it is likely that you have grounds to bring a wrongful death or survival claim. Under Maryland law, a wrongful death takes place when it is caused by a particular act or neglect which would have allowed the deceased to bring a claim to recover damages if the death had not happened.

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.

Motorcycle Accident Passenger Rights in Maryland

July 31, 2021 | Lebowitz & Mzhen

Motorcycle accidents are one of the most dangerous incidents and often result in serious injuries and fatalities. According to the most recent statistics by the Maryland Department of Transportation (MDT), Maryland motorcycle accidents accounted for about 2% of the total number of accidents in the state. However, motorcycle crashes comprised almost 15% of all the fatal accidents in the state. Moreover, four out of five of the passengers killed in these accidents were not wearing any safety equipment. In combination with the steady increase in motorcycle accidents, these startling statistics highlight the importance of motorcycle safety for both operators and passengers.

Motorcycle passengers and operators are more vulnerable to serious injuries because of the lack of protection from impacts with other vehicles or objects. Moreover, motorcycle passengers are often thrown from the bikes after a collision occurs. These situations can result in the passenger being run over by oncoming traffic, slammed into the concrete, or thrown into a guard rail or similar static object.

For example, a news report recently described a tragic motorcycle accident that involved a bike and a sedan. According to a preliminary investigation, the motorcycle crossed through a center line and slammed head-on with the sedan. Law enforcement reported that the motorcycle driver suffered serious injuries, and the passenger died.

Using Expert Testimony in a Maryland Accident Case

July 10, 2021 | Lebowitz & Mzhen

Expert testimony is useful in many Maryland accident cases, and in some cases, expert testimony is essential. Under Maryland Rule of Evidence 5-702, expert testimony may be admitted if the court finds that the testimony will help the trier of fact to understand the evidence or to determine a fact in issue. In determining whether to admit expert testimony, a court will consider whether the witness is qualified as an expert, whether the testimony is appropriate, and whether there is a sufficient factual basis to support the testimony.

A recent decision of the Supreme Court of Virginia considered whether a trial court properly excluded expert testimony in a wrongful death case arising from “an unexplainable single-vehicle accident” in which both occupants died. According to the decision, one morning, a tractor-trailer owned by a company left its lane of travel on a highway and rolled down an embankment in Rockbridge County, Virginia. The crash killed both of the occupants of the vehicle: an employee of the company, who was transporting fertilizer, and the plaintiff, who was a friend of the employee and accompanied the employee on the day of the crash.

The plaintiff (administrator of the friend’s estate) filed a complaint against the employer and against the administrator of the employee’s estate, seeking damages for wrongful death.