Articles Posted in Drunk Driving Accidents

The weather is getting colder, and the days are getting shorter, which also signals the beginning of the holiday season. While the holiday season is exciting and a source of joy and community for many, it can also be a dangerous time of the year for Maryland drivers. With an increase in family gatherings and alcohol consumption, as well as generally worse driving conditions in the wintry weather, Maryland car accidents caused by drunk or intoxicated drivers are especially concerning in the winter months. Although driving under the influence of drugs and alcohol is against the law in Maryland, people unfortunately still do it all the time, leading to tragic and preventable car accidents.

For example, take a recent Maryland car accident that occurred last month in Churchville in Harford County. According to a local news article covering the incident, a Maryland man was driving home one night just after 8 PM with his fiancé and their two children, 7 and 11 years old. Tragically, on their way home, a driver in a Jeep crashed into the passenger side of their car, hurting his fiancé and his children. His fiancé and his daughter, only 7 years old, were both severely injured and had to be airlifted to Shock Trauma in a nearby hospital for emergency surgery. His fiancé suffered broken ribs and internal bleeding, but is out of the ICU now and expected to recover fully.

Tragically, however, one week later, the young girl was still in the ICU, heavily sedated in a coma and hooked up to a ventilator. Her injuries were substantial—the right side of her body was crushed, and she had multiple broken bones and a severe brain injury. Family and community members are waiting hopefully for a recovery. However, the injuries are so substantial that she will likely still have months of medical care ahead of her, even if she survives. While nothing has been confirmed yet, the police report created after the accident stated that alcohol contributed to the crash.

Driving while under the influence of alcohol or drugs is very dangerous, not to mention illegal. Unfortunately, however, thousands of people still drive while intoxicated in Maryland every year, and many of them end up causing Maryland car accidents as a result. Driving under the influence is dangerous because alcohol and drugs impact your judgment, your decision-making, and your vision. Drunk drivers are more likely to make careless or even reckless driving maneuvers, run red lights, drive the wrong way down the street, or drive at speeds far above the speed limit. These actions can tragically have devastating consequences on the lives of other drivers.

For example, a drunk driver was recently arrested after causing a car crash that killed a mother and sent her two children to the hospital. According to a local news report covering the incident, the driver was driving in the wrong direction on the road when he collided with the victim’s car. She and her two children, ages six and eight, were all rushed to the hospital, where the mother tragically passed away.

This story is tragic, but unfortunately not all that uncommon. According to a recent report, Maryland has 308.7 DUI-related arrests per 100,000 people. The 2018 Maryland Highway Safety Plan reports that from 2011 to 2015, impaired/intoxicated driving caused one in three fatal crashes, one in ten crashes overall, and nearly one in ten crashes resulting in injuries.

In the tragic event of a crash caused by a drunk driver, victims have a range of damages available if they are successful in a lawsuit. A lawsuit against the driver (or others that may be responsible for the crash) permits Maryland car accident victims to recover damages for both economic and non-economic damages. Economic damages, or special damages, are generally the out-of-pocket expenses that a victim incurs, including medical bills, loss of income, loss of earning capacity, transportation costs, future expenses, and others. Non-economic damages, or general damages, are other damages that do not have a fixed dollar value, such as emotional distress, loss of consortium, and pain and suffering.

Maryland has a limit on non-economic damages available in civil cases. As of January 1, 2020, the limit available for non-economic damages was $830,000, although more may be available in some instances. There is no limit on economic damages. Economic and non-economic damages are known as compensatory damages, because they are intended to compensate the plaintiff for the injuries they suffered.

Punitive damages also may be available in some cases. Punitive damages, or exemplary damages, are not meant to compensate the victim, but rather to punish the defendant and to serve as a warning for others. To be awarded punitive damages in a Maryland DUI crash case, a plaintiff has to prove that the defendant had actual knowledge of the wrongful conduct. The plaintiff has to prove punitive damages by the higher clear and convincing evidence standard, while other damages have to prove by a preponderance of the evidence. The plaintiff has the burden to prove damages as an element of the plaintiff’s case. The types of damages available vary depending on the person bringing the claim and the type of claim.

Despite strict laws, Maryland continues to experience about 7,000 car crashes per year involving at least one driver’s use of alcohol or drugs, according to its most recent crash data. Victims of drunk driving crashes may be able to file a Maryland personal injury lawsuit against a drunk driver to recover financial compensation for their injuries. In a civil suit against a drunk driver, an injured party must prove that the driver was negligent and that the driver’s negligent actions caused the victim’s injuries. A victim may be able to recover compensation for medical bills, property damage, wage losses, pain and suffering, and other damages.

Evidence of a DUI arrest or conviction, or of a guilty plea to a traffic citation is useful evidence in a civil case. In Maryland, guilty pleas in court to traffic citations are generally admissible as evidence in a civil case. Even in the event that the driver does not face a criminal conviction, a civil case may still be possible. The standard in a civil case is a preponderance of the evidence. The preponderance of the evidence standard is lower than the reasonable guilt standard in criminal cases, which means that a civil case may be won even if the driver is not convicted of a crime. There may still be evidence that the driver was under the influence and contributed to the crash. Drunk drivers can face serious criminal consequences, in addition to a civil suit. Under Noah’s Law, which took effect in October 2016, an ignition interlock device must be installed for any driver convicted of driving under the influence.

In addition to suing the driver, a civil suit may be brought against other responsible parties, such as a bar that served the drunk driver or another person who allowed the driver to drive while intoxicated. In any case, the victim still has to prove that the party acted negligently and that their negligent actions contributed to the plaintiff’s injuries.

The ridesharing industry has been growing in leaps and bounds since it hit the scene a decade ago. What Uber and Lyft have done is to shake up the taxi and hired car market in ways nobody imagined at the beginning of this millennium, yet aside from an increase in availability and relatively affordable individualized transportation, other aspects of the industry are not much changed when it comes to day-to-day operation.

As with any taxi service — be it the old traditional yellow cabs of the past century or the app-driven ride-hailing services of today — road accidents can and do happen with almost clockwork certainty. Whether your cabbie works for a large taxi fleet based out of Baltimore or an independent hack working in the Annapolis or Rockville area, the human behind the wheel is subject to the same physical and mental limitations as they have always been.

Case in point, the story of an Illinois Uber operator who was allegedly impaired by alcohol when his vehicle strayed into oncoming traffic and smashed head-on into a handful of cars in the opposing traffic lanes. This multi-car collision resulted in numerous injuries — several of the victims were taken to local emergency rooms for treatment of thankfully non-life-threatening injuries.