Drunk Driving Accidents

Damages Available to Maryland DUI Crash Victims

July 27, 2020 | Lebowitz & Mzhen

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 Known Risks, Drunk Driving Is Still a Major Cause of Maryland Car Accidents

July 14, 2020 | Lebowitz & Mzhen

For decades, it has been known that driving under the influence of drugs or alcohol is incredibly dangerous, and significantly increases the likelihood of a serious car accident. In fact, drunk driving is one of the leading causes of fatal traffic accidents across the country. However, despite this general public awareness, many Maryland car accidents each year are caused by intoxicated drivers. While every car accident is cause for concern, these accidents are especially alarming because the injuries and deaths resulting from these accidents are preventable had the individual simply not driven while under the influence.

Over the Fourth of July weekend this year, yet another accident caused injuries to those involved and is thought to have been caused by drunk driving. According to a local news report covering the incident, the crash occurred a little after 5 a.m., when the drivers of the two involved vehicles were traveling in opposite directions. The driver of one vehicle—a Hyundai Elantra—crossed into the other lane and struck the other vehicle—a Hyundai Santa Fe—head-on. The driver of each vehicle was trapped as a result of the collision, and the fire department had to come to extract them. Both drivers suffered injuries and had to be transported to the hospital.

Accidents like this are unfortunately far too common in Maryland and across the country. For those who are impacted, it can be incredibly frustrating to have their lives drastically changed due to someone else’s poor decisions and reckless driving. Maryland car accidents can take a serious physical, psychological, and financial toll, leaving the victims and their families struggling to recover in the aftermath.

Suing a Drunk Driver After a Maryland DUI Crash

May 19, 2020 | Lebowitz & Mzhen

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.

Maryland Appeals Court Upholds Constitutionality of Cap on Non-Economic Damages

April 13, 2020 | Lebowitz & Mzhen

The Court of Special Appeals of Maryland recently decided a Maryland car accident case in which the court considered whether the state’s cap on non-economic damages was unconstitutional. In Maryland, there is a cap on non-economic damages in personal injury and wrongful death claims. In a personal injury claim, non-economic damages include damages for “pain, suffering inconvenience, physical impairment, disfigurement, loss of consortium, or other nonpecuniary injury.”

In a wrongful death claim, non-economic damages include damages for “mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education,” or other noneconomic damaged authorized under the statute. If a jury awards party an amount that exceeds the non-economic damages cap, the court will reduce the amount to the maximum allowed. A jury also cannot be informed of the cap.

In the case before the appeals court, the plaintiff was seriously injured in a car accident in 2017. She was driving near her home in Lanham, Maryland, when a car crossed over the median and hit her car. The other driver was driving a commercial vehicle for his employer and was intoxicated at the time of the crash. His employer knew that he had charges for driving while intoxicated prior to hiring him. The plaintiff’s injuries included losing almost all use of her left arm or hand. She had to undergo almost continuous medical care since the accident occurred, in addition to psychological treatment.

Uber Driver Causes Multi-Car Injury Accident; Charged with DUI

February 19, 2020 | Lebowitz & Mzhen

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.

Pursuing a Virginia Wrongful Death Case Following a Fatal Drunk Driving Accident

March 11, 2019 | Lebowitz & Mzhen

In Virginia, like elsewhere in the country, driving under the influence of alcohol or drugs is against the law. However, despite the known dangers and potential criminal consequences of drunk driving, there are approximately 7,500 Virginia DUI car accidents each year. Not surprisingly, roughly half of these accidents result in injuries and about 250 result in at least one fatality.

Virginia’s Wrongful Death Statute

When someone is killed due to the negligence of another, the surviving family members of the accident victim may be able to pursue a claim for financial compensation against the at-fault parties. This is referred to as a Virginia wrongful death claim.

Under Virginia Code § 8.01-53, a wrongful death claim is brought by the personal representative of the accident victim’s estate for the benefit of the statutory beneficiaries of the accident victim. The statutory beneficiaries are the surviving spouse, any children of the deceased, as well as any grandchildren of the deceased (if the accident victim’s child is also deceased). If no person fits in the above category, the claim can be brought on behalf of parents, siblings, or any other relative who lived with the victim and relied upon them for support.

Drunk Driving Remains a Leading Cause of Fatal Maryland Car Accidents

February 26, 2019 | Lebowitz & Mzhen

While the number of Maryland drunk driving accidents continues to slowly decrease year over year, impaired driving is still a leading cause of Maryland car accidents. Indeed, according to the most recent government statistics, there are on average 443 people seriously injured and 160 killed in Maryland drunk driving accidents each year. Drunk driving poses such a danger to Maryland motorists that impaired driving prevention and enforcement consume nearly half the state’s budget for traffic safety programs.

Over recent years, Maryland lawmakers have taken steps to discourage people from getting behind the wheel after having too much to drink. Most of the new measures focus on the criminal penalties associated with a drunk driving conviction. For example, new laws mandate an ignition interlock device be installed on certain offender’s vehicles. While the new laws may deter some motorists from driving drunk, the laws provide little consolation to those who have been seriously injured by a Maryland impaired driver.

That is not to say that Maryland accident victims are without a means of recourse. Anyone injured in a Maryland DUI accident can pursue a civil case for damages against a driver they believe to be responsible for their injuries. Similarly, those who have lost a loved one in a Maryland car accident can file a wrongful death claim against the at-fault driver. While seemingly simple in theory, in practice these cases can be exceedingly complex and should be handled by experienced Maryland personal injury lawyers.

How a Defendant’s Pending Criminal Case Could Affect a Plaintiff’s Maryland Personal Injury Lawsuit

December 4, 2018 | Lebowitz & Mzhen

A Maryland personal injury lawsuit is a civil claim, the purpose of which is to seek compensation for the plaintiff’s injuries. However, the defendant’s actions that resulted in the accident may also rise to the level of criminal conduct. If this is the case, then the defendant may face both criminal and civil charges.

It is not uncommon for a defendant to face both criminal and civil charges. For example, in most Maryland DUI accidents, the defendant can be found both criminally and civilly liable. However, for the most part, a personal injury victim will wait until the outcome of a criminal trial to file their lawsuit. There are several reasons for this, including that a criminal conviction can be helpful to a personal injury plaintiff in proving their case against the defendant. However, there are also other considerations that should be taken into account.

A recent opinion from a state appellate court illustrates one potential issue a personal injury plaintiff could face while litigating a civil claim while the defendant’s criminal matter is pending.

Alcohol May Have Been Involved in Fatal Maryland Roadside Accident

November 9, 2018 | Lebowitz & Mzhen

Late last month, one woman was killed in a Maryland car accident that occurred on the side of Highway 50 near Route 410 in Prince George’s County. According to a local news report, the victim pulled over and got out of her car to assist another motorist who had lost control of their vehicle and crashed into a wall.

Evidently, shortly after the woman exited her car and was approaching the disabled vehicle, another car struck her. The woman was pronounced dead at the scene by emergency workers. The driver of the car that hit the victim was arrested on suspicion of driving under the influence.

Drunk Driving Accidents in Maryland

Despite countless government campaigns, motorists routinely get behind the wheel after having consumed too much to drink. In fact, in Maryland alone, there are approximately 170 people killed each year due to drunk driving. While the government often prosecutes drunk drivers, there is little that the criminal justice system can do to provide compensation to those who have been seriously injured or lost a loved one in a Maryland DUI accident.

Court Dismisses South-by-Southwest Drunk-Driving Case

October 2, 2018 | Lebowitz & Mzhen

Earlier this month, a state appellate court issued a decision in a wrongful death case arising out of a drunk-driving accident that occurred at the 2014 South by Southwest (SXSW) festival. The case required the court to determine whether the plaintiff’s case, which was brought against the venue organizers as well as the City where the festival occurred, should be permitted to proceed toward a jury trial over the defendants’ summary judgment motion. Ultimately, the court determined that the case should be dismissed against each of the defendants, albeit for different reasons.

The Facts of the Case

According to the court’s opinion, the plaintiff was the surviving spouse of a man who was killed when a drunk driver fleeing from police drove through a barrier and into a crowd of people at the city-wide SXSW festival. Due to the multi-venue nature of the festival, festival organizers needed to apply for several use permits from the city. In particular, the use permit stated that “[a]ll traffic controls must be provided in accordance with the approved traffic control plan.”

Evidently, festival organizers closed three linear blocks, installing traffic barriers at each intersection. A police officer was also placed at each intersection to keep watch. However, the barricades failed to stop a drunk-driver from crashing through them and driving into a crowd of people. The plaintiff’s spouse was among four who were killed.