Earlier this month, a federal appellate court issued a written opinion in an interesting car accident case involving the applicable standard to apply to a designated driver’s conduct in a lawsuit brought against the designated driver by an intoxicated passenger. This case is important for Maryland car accident victims because this is a relatively new legal issue that Maryland courts have yet to address.
The plaintiff was at a party with several friends, when the group decided to leave and head back to one of their apartments. The one sober person in the group volunteered to drive. At some point in the trip back to the apartment, two of the passengers climbed on the trunk of the car. The driver told them several times to get back inside the car, but the two insisted that they wanted to ride on the trunk. The driver continued to head toward the apartment, traveling at 15 miles per hour, slowing down for curves, and checking on the two every 30 seconds through the rear-view mirror.
When the car was nearing the apartment complex, the front-seat passenger pushed the driver’s right leg down, causing her foot to step on the accelerator. The car sped up, and the two people sitting on the trunk fell off. One of the passengers who fell off the trunk filed a claim with their insurance company under the underinsured motorist provision. The company denied the claim, and the injured passenger filed a personal injury claim in hopes of compelling the insurance company to pay out on the claim.