Maryland Car Accident Attorney Blog

New Trial Granted to Plaintiff When Jury Returned $1 Pain-and-Suffering Award

December 23, 2015 | Lebowitz & Mzhen

Earlier this month, the Supreme Court of Iowa heard a case that required the court to determine whether the jury-determined award of $1 for the plaintiff’s pain and suffering was consistent with the jury’s determination that the man incurred nearly $17,000 in medical bills. Ultimately, the court held that the $1 award was in line with the jury’s determination that the plaintiff’s reimbursable medical expenses were $17,000.

Bryant v. Parr: The Facts of the Case

The facts giving rise to the case are fairly straightforward. The plaintiff was a salesperson at a car dealership who was injured while he was riding as a passenger in a vehicle that was being test-driven by the defendant. According to the court’s written opinion, the driver of the vehicle made an illegal left turn, causing an accident with another vehicle.

As a result of the accident, the plaintiff suffers continuing headaches and pain in his back, neck, and shoulder. The injured salesperson filed suit against both the potential customer who was driving the car he was riding in as well as the other driver involved in the accident.

Court Finds “Good Faith” of Trooper Resulted in Governmental Immunity

December 16, 2015 | Lebowitz & Mzhen

Earlier this month, the Supreme Court of Texas decided a case that involved a State Trooper who caused an accident while in pursuit of a fleeing offender. The court determined that since the Trooper was in the course of his duty, and likely acting in good faith at the time of the accident, official immunity attached, and the case filed by the injured accident victim was dismissed.

In the case, Texas Department of Public Safety v. Bonilla, the plaintiff was injured when a State Trooper ran a red light while he was pursuing a reckless driver. The Department filed a motion for summary judgment, asking the court to dismiss the lawsuit against it based on the Trooper’s official immunity, since he was acting within the scope of his employment, was responding to an emergency situation, and was acting in good faith when he caused the accident. The parties agreed that summary judgment is only appropriate if there are no issues of material fact when the evidence is viewed in favor of the non-moving party, and in this case the evidence was to be viewed in favor of the plaintiff.

The trial court hearing the case determined that the Trooper did not conclusively show that he was acting in good faith, since a reasonably prudent Trooper could have made a different decision regarding the chase of the offender. Since the Trooper’s actions were not the only course of action available, and there was no evidence suggesting he considered other means, the court determined that there was a triable issue, and summary judgment was not appropriate. The intermediate appellate court affirmed the decision.

Accident Victim’s Claim Against City that Concrete Barriers Were Improperly Installed Failed for Lack of Expert’s Testimony

December 9, 2015 | Lebowitz & Mzhen

Earlier this month, a Montana court dismissed a plaintiff’s claim based on the fact that the plaintiff failed to introduce evidence of the applicable standard of care to which the defendant’s conduct could be compared. In the case, Not Afraid v. Montana, the plaintiff was paralyzed after the vehicle he was riding in as a passenger collided with and then crashed through a concrete barrier, ultimately sliding down a steep hillside.

Several years after the accident, the man filed suit against the State, County, and City governments, alleging that negligence in the placement and maintenance of the concrete barriers contributed to his injuries. Most relevant was the plaintiff’s claim against the City, which was charged with maintaining that particular section of roadway.

The Plaintiff’s Case

The plaintiff claimed that the City was negligent in the placement, installation, and maintenance of the concrete barriers. To support his claim, the plaintiff submitted a four-page report prepared by an accident-reconstruction expert. That report concluded that the vehicle the plaintiff was traveling in was likely going about 45 miles per hour when it collided with the barrier, and “the barriers were relatively ineffective in containing higher speed vehicles traveling around the curve.”

The Hidden Dangers of Keyless Ignitions

December 2, 2015 | Lebowitz & Mzhen

Over the past few years, cars with keyless ignitions have become more and more popular, not just on high-end models but across the board. However, according to some news reports, there are some serious safety concerns about keyless ignition systems that anyone considering a car equipped with one should be aware of.

A keyless ignition system allows for a car to be started without actually putting a key into the ignition and turning it. Instead, a wireless key fob allows for the car to be started anytime the fob is inside the car. Usually, drivers carry the fob in their pocket and start the car with a push of a button. However, there is no “shut-off” mechanism in place in most of these systems, and once the driver gets out of the car the car can continue to run. This has led to a number of deaths from carbon monoxide poisoning.

In fact, two years ago, a Pennsylvania couple was found dead in their home. Their Lincoln was still running in the attached garage with the key fob used to start the car still in the vehicle. Instances like this one have led some lawmakers to seriously consider the regulation of keyless ignition systems. While this may seem like an unusual situation, there have been at least 13 confirmed carbon monoxide poisoning deaths caused by cars with keyless ignitions.

Porsche Denies Liability in Actor Paul Walker’s Death

November 24, 2015 | Lebowitz & Mzhen

Two years ago, actor Paul Walker was killed in a car accident when the Porsche he was riding in as a passenger crashed on a California road. According to one national news source following the lawsuit filed by Walker’s daughter, Porsche recently filed a request with the court to dismiss the case against the company, arguing that Walker’s death was his own fault for getting into the car on the day of the accident.

Evidently, the filing claimed that Walker’s death was the result of his own “comparative fault,” since he knew and assumed the risks involved with getting into the car. The filing claimed that Walker “knowingly and voluntarily assumed all risk, perils, and danger” involved with riding as a passenger in the vehicle, and the vehicle he was riding in was “abused and altered” and improperly maintained. Porsche claims that Walker was aware of these facts when he got into the passenger seat that day, and by doing so he knew the risks involved.

A representative for Walker’s daughter told reporters that Walker was a “passenger in a car that was not designed to protect its occupants, in a crash on a dry, empty straightaway in broad daylight and at speeds well below the vehicle’s advertised capabilities.” He also claimed that, had the car been manufactured with the proper safety features, Walker would likely still be alive today.

New Technology May Reduce Pedestrian Accidents

November 17, 2015 | Lebowitz & Mzhen

Earlier this week in Germantown, a pedestrian was killed as he crossed Route 355 at around six o’clock in the afternoon. According to a local news source, a northbound driver struck the pedestrian, who was taken to Suburban Hospital, where he was pronounced dead.

With more and more people out on the road than ever before, auto manufacturers and lawmakers are constantly looking for technology that can reduce the increasing amount of fatal accidents across the country. According to one recent news article, new technology being developed by a German company may help drivers avoid pedestrian accidents.

Evidently, the Germany-based company, Bosch, is currently working on technology that can act to take over the control of a vehicle that would likely end up hitting a pedestrian. According to researchers, the technology can sense when a pedestrian is nearby and can track their likely trajectory. If the on-board computer believes that the driver is unaware of the pedestrian and that a collision is imminent, brakes can be applied, and the car can even steer itself away from the pedestrian.

One-Year-Old Killed by Fleeing Driver in Baltimore Pedestrian Accident

November 10, 2015 | Lebowitz & Mzhen

Earlier this month, a one-year-old boy was killed when he was struck by an car that had been hit by a driver who was fleeing police. According to one local news source, the accident occurred on the 5300 block of Monrovia Road.

Evidently, the driver first struck an unoccupied police cruiser that was near the scene of another fatal accident. Instead of stopping, the driver fled the scene with police in tow. Police were chasing the vehicle, which was heading into downtown Baltimore, when it crashed into a Volvo. The Volvo was pushed up onto the curb, where it collided with the one-year-old boy, who was in a stroller being pushed by his mother.

The driver was seriously injured and was taken to the hospital that evening. He was discharged the next day before charges had been filed against him. He left the hospital, and it wasn’t until two days later that charges were filed. At the time of the article’s publication, police were still looking for the man.

Driver in Tragic Oklahoma Parade Accident May Have Been Acting Intentionally

November 3, 2015 | Lebowitz & Mzhen

Earlier last month, three adults and one two-year-old child were killed when a woman crashed through a barricade at the Oklahoma State University homecoming parade. Somewhere around 46 others were injured. In a recent local news article, prosecutors told reporters that they believe the woman behind the wheel that day was acting intentionally when she drove her car into the crowd of people.

Evidently, the driver of the vehicle crashed through a barricade and then drove over an unmanned police motorcycle before crashing into the crowd of people. In the aftermath of the accident, police arrested the woman under suspicion of driving under the influence. Prosecutors overseeing the case believe that the tragedy looked as though it was intentionally caused. The results of the toxicology testing have yet to come back from the lab, and charges against the woman are currently pending.

The family of the woman, as well as her attorney, explained to reporters that she has suffered from mental health issues in the past, and this sort of conduct was not in her character.

Woodlawn Pedestrian Accident Kills One, Seriously Injures Another

October 26, 2015 | Lebowitz & Mzhen

Earlier this month in Woodlawn, a pedestrian accident claimed the life of one Maryland woman and seriously injured a second person. According to one local news report, the accident took place in the early morning hours at the intersection of Security Boulevard and Gwynn Oak Avenue.

Evidently, the pedestrians were crossing at an intersection that was not well lit and was not marked with a crosswalk when a Toyota Prius struck them both. The driver of the Prius remained on the scene and has cooperated with the police investigation, which is still ongoing. The 56-year-old woman was taken to Sinai Hospital, where she ultimately succumbed to her injuries. Her male companion was also taken to the hospital, although his condition is not currently known.

The crash remains under investigation, and the driver of the Prius has not yet been cited by authorities for her role in the fatal accident.

Court Holds Accident Victim’s Potential Medicaid and Medicare Benefits Not Admissible at Trial

October 19, 2015 | Lebowitz & Mzhen

Earlier this month, the Supreme Court of Florida heard a case between the family of a developmentally disabled man and the family’s uninsured motorist insurance carrier, ruling that the insurance carrier was not permitted to bring up evidence of the man’s potential future benefits though Medicare or Medicaid. In the case, Joerg v. State Farm Mutual Automobile Insurance Company, the court determined that it was not proper to allow the defendant to admit evidence of potential future benefits in hopes of decreasing the jury’s damages award amount.

The Facts of the Case

The plaintiffs were the parents of a developmentally disabled man named Luke, who was injured when he was hit by a car while riding his bicycle. Because of his pre-existing disability, Luke was potentially eligible for reimbursement for his medical expenses through the federal Medicare and Medicaid programs.

Initially, the case was filed against both the driver of the car and State Farm, which was the family’s uninsured motorist carrier. However, prior to trial, the family withdrew the case against the driver and proceeded only against State Farm.