Maryland Car Accident Attorney Blog

Government Liability in Maryland Pedestrian Accident Cases

September 19, 2019 | Lebowitz & Mzhen

Accidents involving pedestrians are often some of the most serious due to the extent of the injuries involved. Thus, it is essential for a Maryland pedestrian accident victim to locate all potential sources of compensation. Of course, the defendants named in a lawsuit will almost always be the driver that hit the pedestrian. However, there may be other potentially liable parties as well, such as the government entity in charge of designing and maintaining the area where the accident occurred.

Pedestrian accidents often occur in areas with unique and potentially dangerous traffic features. For example, a poorly maintained, improperly marked, or misplaced crosswalk may give pedestrians a false sense of security as they cross the road. This is essentially the situation in a case discussed in a recent appellate opinion.

According to the court’s written opinion, the plaintiff was killed on Halloween night as she was crossing the street at a marked crosswalk. The motorist was traveling well over the posted 45 mile-per-hour speed limit. The crosswalk is marked, and there are signs notifying approaching motorists of the crosswalk. After the accident, the driver fled the scene, but was later arrested and charged with vehicular manslaughter.

Charles County Accident Claims One Man’s Life, Injuring Several Others

September 12, 2019 | Lebowitz & Mzhen

Earlier this month, a Maryland car accident in Charles County resulted in one fatality and several injuries. According to a recent news report covering the tragic accident, the collision occurred on Route 6 in La Plata, around noon. Evidently, a Chevy Blazer was traveling eastbound on Route 6 near King Edward Place when the driver attempted to pass another vehicle on the right shoulder. As the driver re-entered the eastbound lane, she lost control of the vehicle, and it spun out, drifting into the westbound lane. At that time, a westbound SUV struck the Blazer.

As a result of the collision, the Blazer rolled at least once, ejecting the rear passenger. Emergency responders transported the passenger to MEDSTAR/Washington Hospital Center, where he was pronounced dead a short time later. In addition, four other people were injured in the accident. Police are in the midst of an official investigation; however, at this early juncture, authorities believe that speed and driver error are the leading causes of the fatal accident.

Those recently injured in a Maryland car wreck can bring a Maryland personal injury lawsuit against the party or parties they believe to be responsible for the accident. To successfully bring a negligence claim, an accident victim must be able to establish four elements:

Maryland Car Accident Claims Against Government Defendants Must Comply with the MTCA

September 5, 2019 | Lebowitz & Mzhen

The Maryland Tort Claims Act (MTCA) is a law that allows for Maryland accident victims to bring certain claims against the Maryland government based on the negligence of the government or its employees. Historically, Maryland accident victims were unable to recover compensation for their injuries from the government due to the doctrine of sovereign immunity. However, the MTCA changed that, allowing accident victims to pursue claims for compensation provided they follow the procedures outlined in the MTCA.

Claims under the MTCA differ from other Maryland personal injury cases in two significant ways. First, a plaintiff bringing a claim under the MTCA must provide notice to the Treasurer within one year of the injury. This notice must contain the following:

The names and addresses of the people involved;

Personal Jurisdiction in Maryland Product Liability Lawsuits

August 28, 2019 | Lebowitz & Mzhen

Recently a state appellate court issued an opinion in a case raising an important issue that frequently comes up in Maryland personal injury cases. The case deals with the concept of personal jurisdiction. In the case, the court found that a plaintiff’s lawsuit against a car manufacturer should proceed based on specific personal jurisdiction.

Personal jurisdiction refers to the court’s ability to exercise power over a party. A court must have personal jurisdiction over every party involved in a case. In certain instances, defendants may object to the court exercising jurisdiction over them, and argue for a case dismissal. This defense can delay a lawsuit or, if the statute of limitations has passed, completely preclude the plaintiff’s recovery.

The current ruling stems from injuries that a plaintiff suffered when the passenger-side airbags in their vehicle did not deploy during an accident. The accident occurred when the plaintiff was a passenger in the car. Evidently, a Minnesota resident drove the vehicle on a Minnesota road. The driver hit a snowplow and ended up in a ditch. The passenger-side airbag did not deploy, and the plaintiff suffered a traumatic brain injury. The plaintiff alleges that the airbag did not deploy because of a defect. He filed a lawsuit in Minnesota; however, the car manufacturer moved to dismiss the claims based on lack of personal jurisdiction.

Do Parties in a Maryland Personal Injury Lawsuit Need to Disclose Their Witnesses to the Other Side?

August 22, 2019 | Lebowitz & Mzhen

In courtroom dramas on television, it is common to see a party keep a witness in their back pocket, only to present the witness to testify on the day of trial. However, in real Maryland personal injury cases, this sort of “trial by ambush” is not permitted under the state’s evidentiary rules. In fact, under Maryland Rule 2-402(g)(1)(A), a party must generally make their expert witnesses available for deposition or interrogatory in advance of trial.

In a recent case, a state appellate court affirmed this long-held prohibition against trials by ambush when it precluded a plaintiff’s expert witness from testifying regarding an opinion he formed only on the day of trial. According to the court’s opinion, the case involved a 2014 car accident between the plaintiff and the defendant. The defendant acknowledged that he was at fault for causing the accident, and the only issue at trial was the appropriate amount of damages.

Evidently, the plaintiff suffered a pre-existing injury in 2010. In pre-trial discovery, it was clear that the plaintiff’s expert medical witness reviewed the plaintiff’s MRI from 2014, but not from 2010. The defendant’s expert, however, examined both the 2010 and 2014 MRIs. During opening statements, the defendant argued that the plaintiff’s expert did not have all the information necessary to back his conclusion regarding the extent of the plaintiff’s injuries.

How Do Maryland Courts Handle Video Evidence?

August 14, 2019 | Lebowitz & Mzhen

Years ago, Maryland personal injury cases relied more on witness testimony than any other type of evidence. However, with recent technological advancements has come a recent reliance on new types of evidence. Video evidence is among that which is becoming more common. In some situations, courts must revisit old rules when dealing with new evidence.

In a recent opinion issued by a state appellate court, the court certified a question to the state’s supreme court regarding the use of video evidence. Specifically, the question involved how lower courts should handle video evidence at the summary judgment stage when the video flatly contradicts one parties testimony.

Summary judgment is a stage in many personal injury trials in which a party claims that, taking the agreed-upon facts, it is entitled to judgment as a matter of law. Generally, courts will consider the uncontested evidence and apply the law to the facts. If the court determines that the moving party is entitled to judgment as a matter of law, the court will enter judgment without the case ever going to trial.

Can Maryland Motorists Sue the Government for Poorly Designed or Maintained Roads?

August 6, 2019 | Lebowitz & Mzhen

Under state and federal law, government entities are generally provided immunity from personal injury lawsuits. However, Maryland lawmakers passed the Maryland Tort Claims Act (the “Act”), which waives governmental immunity in most circumstances, provided an injury victim follows the strict procedural requirements outlined in the Act. Thus, Maryland car accident victims can typically pursue a claim against a government entity overseeing the area where the accident occurred.

Recently, a state appellate court issued a written opinion in a car accident case discussing whether the government could be held liable for the accident victim’s injuries. According to the court’s opinion, the plaintiff was driving a motorcycle northbound on a divided road. As the plaintiff approached an intersection, he noticed a slow-moving SUV approaching from the opposite direction. The SUV attempted to make a left turn in front of the plaintiff, cutting him off and leaving him no time to react. The plaintiff crashed into the passenger side of the SUV, and was seriously injured as a result.

The plaintiff filed a personal injury lawsuit against the city where the accident occurred, claiming that the city negligently placed trees along the center median, which obstructed motorists’ views. The city argued it was not liable because it was not aware of the hazard the trees presented. In its defense, the city presented the court with 13 accident reports from accidents occurring at the same intersection. The city claimed that nowhere in the reports did any of the parties involved claim that the trees obstructed their vision.

Does Personal Injury Liability Transfer When a Maryland Company Is Sold?

July 25, 2019 | Lebowitz & Mzhen

A significant portion of Maryland personal injury lawsuits are filed against corporations. One issue that frequently comes up when discussing the potential liability of a corporate defendant is how the sale of business assets impacts a business’ exposure to liability. Successor liability is the legal term used to describe this concept.

When discussing successor liability, it is helpful to understand a few terms. The purchasing corporation is referred to as the successor company, and the selling corporation is referred to as the predecessor company. Under Maryland law, when a company buys the assets of another company, the successor company is not liable for the predecessor’s liabilities. However, there are four exceptions to this general rule:

If there is an express assumption of liability in the articles of transfer;

Maryland Car Accidents Caused by Road Debris

July 19, 2019 | Lebowitz & Mzhen

Car accidents often result in serious, lifelong injuries that can change an accident victim’s life. There are almost limitless causes of Maryland road accidents, ranging from the common to the obscure. A recent state appellate decision discusses a situation that, while may seem to be uncommon, is actually responsible for more accidents than most motorists believe.

According to the court’s opinion, the plaintiff was driving along the highway when a mattress suddenly flew towards her car. The plaintiff veered to avoid hitting the mattress, crashing into a barrier. Eyewitnesses obtained the license plate of the truck that was carrying the mattress, and police eventually found the driver towing a flatbed trailer.

The driver offered varying explanations regarding the mattress. Essentially, he claimed that there “may” have been a mattress in the trailer but he wasn’t sure. He explained that there was a bunch of items in the trailer the day before, and that he had told an employee to empty the items in the trailer. The defendant acknowledged that, at one point, there was a mattress, but he did not check the trailer that morning, so he wasn’t sure if it was still there. The defendant also stated that he did not see anything fly off the back of the trailer.

What Is the Graves Amendment and How Does It Affect Maryland Car Accident Victims?

July 12, 2019 | Lebowitz & Mzhen

For the most part, each state can create its own laws. While some issues are reserved for the federal government, states are free to enact legislation affecting most areas of law. For example, Maryland lawmakers create most of the laws that apply in Maryland car accidents. This includes how parties go about proving elements of a claim and the types of damages that are available. However, when state and federal law conflict, the U.S. Constitution provides that federal law shall prevail.

The Graves Amendment refers to a 2005 bill that was introduced by Senator Graves from Missouri. Essentially, the Amendment provides that those who own or lease a vehicle cannot be liable for any injuries that result from the use of that vehicle solely by their ownership of the vehicle. This commonly comes up in car accident cases where the at-fault driver is either driving a rental car or driving a leased vehicle. A recent state appellate decision discusses the Graves Amendment.

According to the court’s opinion, the plaintiff was riding his motorcycle along the highway when another vehicle turned out in front of him. The plaintiff was left with no time to react, and crashed into the motorist. The other driver leased the vehicle from the defendant.