Maryland Car Accident Attorney Blog

Pedestrian Accidents on the Rise

April 4, 2016 | Lebowitz & Mzhen

For obvious reasons, auto accidents involving a pedestrian are some of the most likely to result in serious bodily injury or death. In fact, while all motor vehicle accidents combined result in about 32,000 fatalities a year, pedestrian accidents account for almost 4,500 of them. That figure represents about 15% of all traffic accident fatalities. Considering that pedestrian accidents account for only roughly 10% of all traffic accidents, pedestrian accidents present a much higher chance of resulting in a fatality.

When a pedestrian accident does result in a fatality, the family of the accident victim is left with many questions, much grief, and few answers. While nothing will be able to bring back their lost loved one, families of those who are killed in pedestrian accidents are permitted to seek justice for their loss through a Maryland wrongful death lawsuit.

A wrongful death lawsuit can be brought by qualifying family members on behalf of their lost loved one. In order to be successful, a wrongful death plaintiff must show the court that the driver’s negligent or reckless actions were the cause of their loved one’s death. In addition, they must also establish that their loved one was not at fault in any way in causing the accident. In pedestrian accident cases, this can be difficult to prove – although not impossible – when there is some evidence suggesting the pedestrian was crossing the street while not in a crosswalk at the time of the accident.

Court Finds Landowner Had No Duty to Prevent Lessee’s Horses from Escaping Leased Property

March 23, 2016 | Lebowitz & Mzhen

Earlier this month, the Vermont Supreme Court issued an opinion in a personal injury case affirming the lower court’s decision that a landlord who leased his property to a tenant was not liable when the tenant’s horse escaped and caused an accident.

In the case, Deveneau v. Weilt, the plaintiff was injured when he was involved in a single-car accident after crashing into a horse on the highway. The plaintiff filed a negligence lawsuit against both the horse’s owner as well as the man who leased land to the animal’s owner. In a pretrial motion, the landowner asked the trial court to dismiss the case against him, because he had nothing to do with the horses, and only leased the land to the horse’s owner. The trial court agreed that there was insufficient evidence to hold the landowner liable, and dismissed the case against him.

The plaintiff then appealed the decision to the Vermont Supreme Court. On appeal, the court noted that this was a case of first impression, meaning that the exact issue had never come up before. However, the court ultimately agreed with the landowner and affirmed the dismissal of the case.

Defendant’s Failure to Disclose Previous Traffic Tickets Results in Reversal in Favor of Plaintiff

March 16, 2016 | Lebowitz & Mzhen

Earlier this month, the Supreme Court of West Virginia issued an opinion in a case that arose after an incident of road rage resulted in a commercial truck driver crashing and suffering injuries. The court held that the defendant’s act of failing to disclose the fact that he had several prior traffic offenses in the pre-trial discovery process resulted in the plaintiff not being able to properly rebut his testimony, and ultimately resulted in an unfair verdict.

Phillips v. Stear: The Facts of the Case

The plaintiff, a commercial truck driver, crashed after a maroon vehicle cut him off and “gave him the finger.” The driver of the maroon vehicle fled the scene, but a witness followed him and called 911, providing the license plate number to police. Police ultimately tracked the owner down and he was sued by the truck driver.

At trial, the defendant introduced evidence of his “good character,” testifying that he is not a fast or aggressive driver, and that he normally drives below the speed limit in order to conserve fuel. When asked about any prior traffic offenses, the defendant responded that, as best he could remember, the last time he was issued a speeding ticket was 2006. In response, the plaintiff asked if he had been issued a ticket in 2011, to which the defendant replied he “did not recall the incident.” While the plaintiff had proof of the 2011 citation, an evidentiary ruling kept it out of evidence.

Driver’s Bad-Faith Claim Against Insurance Company Allowed to Proceed over Objection

March 9, 2016 | Lebowitz & Mzhen

Earlier this month, a Florida appellate court issued a written opinion in a case brought by a motorist against his own insurance company, after he was involved in a collision with an uninsured motorist. In the case, Fridman v. Safeco Insurance Company of Illinois, the plaintiff was injured after being struck by an uninsured motorist, and he sought compensation within the $50,000 policy limit of his insurance policy with the defendant. However, the defendant denied his claim. Ultimately, a jury awarded the driver $1,000,000 based on the insurance company’s bad-faith denial of the claim, and the court upheld that verdict.

The Facts of the Case

The plaintiff was injured in a 2007 motor vehicle accident. Since the other driver was uninsured, the plaintiff filed a claim with his own insurance company for $50,000. The insurance company denied his request. He then filed a lawsuit against the insurance company, alleging bad faith in failing to settle his claim and seeking the full amount of compensation for his injuries, which “shall include the total amount of the claimant’s damages, including the amount in excess of the policy limits.”

The insurance company then cut the plaintiff a check for $50,000, the limit of his policy. The plaintiff refused the check as an offer to settle the case and opted to allow a jury to determine what his compensation should be. The jury ultimately determined that the plaintiff was entitled to $1,000,000 in compensation for his injuries, as well as for the bad faith of the insurance company. The insurance company filed an appeal, asking the court to consider the $50,000 check a final settlement that preempted the plaintiff’s case at trial.

Court Keeps Out Plaintiff’s Expert Testimony in Birth Injury Case against Car Manufacturer

March 2, 2016 | Lebowitz & Mzhen

Earlier this month, an appellate court in New York affirmed a lower court’s opinion keeping out a plaintiff’s expert’s testimony in a product liability lawsuit filed against BMW. In the case, Sean R. v. BMW, the plaintiff was a minor child who was born with severe disabilities allegedly caused by his in utero exposure to gasoline vapor in his mother’s BMW vehicle. Ultimately, the case was dismissed because the plaintiff’s expert witnesses were prevented from testifying because their opinions did not rely on “generally accepted methodologies.”

The Facts of the Case

The plaintiff’s family bought a BMW 525i back in 1989. The car was primarily used by the plaintiff’s mother to run local errands. Two years later, the plaintiff’s mother noticed a smell of gasoline that “came and went.” It was at this time she became pregnant with the plaintiff. She continued to use the car despite the smell.

After getting the car looked at twice by a mechanic, it was discovered that the smell was caused by a split fuel line that resulted in fuel being spilled into the engine compartment. The plaintiff’s mother drove the car about 6,500 miles before the car was repaired. Two years later, BMW initiated a recall for all 525i models, due to defective fuel lines.

Appellate Court Requires Parties Be Given Ample Time to Conduct Investigation

February 23, 2016 | Lebowitz & Mzhen

Earlier this month, an appellate court in Mississippi released a written opinion in a case involving a pedestrian accident that took place in a gas station parking lot. The appeal was filed by the plaintiff after the lower court refused to give the plaintiff additional time to complete an investigation into whether the defendant gas station owner was negligent in failing to erect barriers to prevent out-of-control cars from entering its lot. The court ultimately determined that under the state’s rules of civil procedure, the parties should have been given more time to investigate the issue, thus presenting the court with more information.

The Facts of the Case

The case of Stanley v. Scott Petroleum Corporation arose after the two plaintiffs were struck by a vehicle as they were at a walk-up window paying for gas at the defendant gas station. The evidence presented suggested that the car that struck the plaintiffs suffered from some kind of mechanical malfunction with the braking system, and it was unable to slow down at the intersection adjacent to the station. It was estimated that the car was traveling at approximately 45 miles per hour at the time of the collision.

As a result, the car careened through the gas station and into a set of vending shelves. Those shelves then collided with the plaintiffs, causing them to be injured as a result.

Accident Victim’s Signed Release Encompasses At-Fault Driver and Subsequent Allegedly Negligent Physician

February 16, 2016 | Lebowitz & Mzhen

Earlier this month, a state supreme court handed down a very important decision regarding the scope of an unambiguous liability waiver signed in the wake of a serious car accident. In the case, Gores v. Miller, the court determined that a waiver signed after an accident, absolving the at-fault driver and his insurance company of any liability, also extended to any malpractice lawsuit stemming from the treatment related to the injuries sustained in the accident.

The Facts of the Case

The plaintiff was a 15-year-old girl who was injured when the van she was riding in was involved in an accident. The girl, through her mother, negotiated and settled a claim with the at-fault driver’s insurance company for $25,000. The court was asked to accept the settlement waiver, and in so doing the plaintiff would forfeit her right to sue any “and all other persons, firms or corporations liable or who might be claimed to be liable,” for injuries both “known and unknown.”

The court accepted the settlement between the parties. However, two years after the settlement was made final, the girl and her mother filed a medical malpractice suit against the doctor who treated her in the wake of the accident.

Recovering Compensation After a Hit-and-Run Accident

February 9, 2016 | Lebowitz & Mzhen

Hit-and-run accidents can be devastating. On top of the physical injuries and property damage sustained in the accident, there is often no party to look to for responsibility. This can leave an injured accident victim in a very unfortunate financial situation. Thankfully, under Maryland law, a driver’s own insurance company can be looked to for financial compensation, even if the hit-and-run driver responsible for the accident is never located.

This is exactly what happened in the recent case of Doe v. Pak. The case was filed by an accident victim, Ms. Pak, against an unknown hit-and-run driver, John Doe. Since Doe could not be located, Pak looked to her insurance carrier, State Farm, for the financial compensation she needed to cover her medical expenses.

Before the case even made it to trial, State Farm agreed to pay Pak $30,628 for her injuries. However, not satisfied with the offer, Pak turned it down and instead asked a court to decide what was fair. While the case was proceeding through the trial process, State Farm gave Pak the $30,628 amount as a credit toward any future award. The agreement in place at the time was that the amount was not an agreement to settle for that amount, but was merely a credit toward any future amount that may be awarded by the court.

Determining Fault in Maryland Multi-Vehicle Accidents

February 2, 2016 | Lebowitz & Mzhen

Some accidents involve only one or two vehicles, and it is easy for authorities to determine who was at fault and to issue the necessary citations. However, other accidents involve multiple parties, and in these situations authorities may have a difficult time ascertaining what caused the initial accident and who was at fault in subsequent collisions between motorists that may not have been involved in the initial collision at all.

In multi-vehicle car or truck accidents, it may be that the fault for the accident was entirely attributable to one driver because they were drunk or distracted at the time. However, it is also possible that one driver’s negligent conduct started a chain-reaction accident that could have been prevented if other drivers had been diligent. A prime example of this is a multi-vehicle accident that involves a single collision and then several smaller collisions, due to approaching vehicles following too closely.

In these situations, establishing who is liable to whom can be a difficult task to sort out. The bottom line is, however, that an innocent driver should not have to worry about whether or not they will be able to recover compensation for their injuries just because it is difficult to determine who caused the accident leading to their injuries. It is for this reason that a thorough investigation is often necessary in multi-vehicle accidents.

Appellate Court Affirms Exclusion of Plaintiff’s Medical Expert Testimony Based on Lack of Certainty

January 26, 2016 | Lebowitz & Mzhen

Earlier this month, the Supreme Court of the State of Montana decided a case that illustrates how courts view expert testimony in personal injury cases. While the case arose under Montana law, the laws applied in the case are similar to those in Maryland, and Maryland accident victims should be on notice that a similar issue may arise in their case.

Cleveland v. Ward: The Facts of the Case

The facts giving rise to the appeal are quite simple. The plaintiff was stopped at an intersection when the defendant rear-ended her. The impact from the collision pushed the plaintiff’s vehicle into the intersection and totaled her car. The defendant admitted that she was negligent in rear-ending the plaintiff’s car, and the plaintiff filed a lawsuit seeking monetary compensation for her injuries, including amounts for “damages for emotional distress, past medical costs, and business loss/lost income.” One of the specific injuries the plaintiff was seeking compensation for was a torn rotator cuff.

As a part of the discovery process, the defendants were given the opportunity to interview the plaintiff’s treating physician, Dr. Steele, in what is called a deposition. A deposition is a formal, out-of-court, interview whereby both parties are present and can ask a witness questions pertaining to the case. In his deposition, Dr. Steele explained that he could not say that the accident “more likely than not” was what caused the rotator-cuff tear.