Maryland Car Accident Attorney Blog

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.

Trial Judge Allowed to Modify Jury Verdict in Favor of Plaintiff When Jury’s Verdict “Shockingly” Low

October 14, 2015 | Lebowitz & Mzhen

Earlier this month, the Supreme Court of South Carolina heard an interesting case dealing with the trial judge’s ability to modify a jury’s verdict if he or she does not agree with the amount of compensation after liability has been established. In the case, Riley v. Ford Motor Company, the plaintiff was the wife of a man who was killed as a result of a negligently designed door latch on a Ford vehicle.

According to the court’s written opinion, the plaintiff’s husband died when he was driving his Ford truck and swerved to avoid an accident with a high school student who had pulled out in front of him. As the man swerved to avoid the collision, he eventually ended up colliding with a tree and was ejected from the vehicle through the door, which allegedly opened due to the negligently designed door latch.

The woman filed suit against the teenage driver as well as against Ford Motor Company. Prior to trial, the woman settled with the driver, and the case proceeded to trial against Ford only. After hearing the case, the jury determined that Ford was liable to the plaintiff for $300,000.

State Supreme Court Reverses Plaintiff’s Award for Punitive Damages

October 7, 2015 | Lebowitz & Mzhen

Earlier this month, the Supreme Court of Kentucky handed down a decision that reversed the punitive damages awarded by a jury at trial. In the case, Nissan v. Maddox, the plaintiff was a woman who was injured in an accident while driving her Nissan Pathfinder along the highway. Evidently, a drunk driver struck her vehicle head on, severely injuring both the plaintiff and the other occupant in the vehicle. Mrs. Maddox specifically suffered a tear to her bowel and several broken bones.

Mrs. Maddox filed suit against the driver as well as against Nissan. Relevant to this case was her claim against Nissan, which was that the Pathfinder had a defectively designed restraint system and that the company failed to warn customers about this failure.

Mrs. Maddox, who was 240 pounds at the time of the accident, argued that the restraint system was designed for people of medium weight. She also alleged that the front seat was defectively designed, exacerbating her injuries.

Driver Arrested and Charged with DUI Homicide After Fatal Southern Maryland Accident

September 23, 2015 | Lebowitz & Mzhen

Earlier this month, an Indian Head man was arrested and charged with several DUI-related charges for his involvement in a fatal DUI accident that took place back in April of this year. According to one local news source, the accident took place during the late evening hours of April 28.

Evidently, the man who was recently charged was driving his Chevrolet Silverado northbound on Route 425 when he inexplicably crossed over the center median and collided with a Kia Soul. The two vehicles collided head-on. The driver of the Kia, a 20-year-old Nanjemoy volunteer firefighter, died at the scene of the accident. The driver of the Silverado was also injured, although he was able to recover from his injuries.

After the fatal accident, police suspected the driver of the Silverado of being intoxicated, and they conducted tests to determine if that was the case. Once the tests came back, they indicated that that was indeed the case. Charges were then filed for negligent homicide, homicide by auto, and driving under the influence, and the man was arrested.

Young Parents Killed in Tragic Clinton Car Accident

September 16, 2015 | Lebowitz & Mzhen

Earlier this month, a young mother and father were killed when the vehicle in which they were riding was struck by another motorist. According to one local news report, the accident occurred just a few blocks from the couple’s home in Clinton.

Evidently, the couple had guests over and stepped out for a few moments. As they were pulling out of their neighborhood, they began to make a right turn. However, before they could finish the turn, another motorist struck their vehicle from the rear. Both the husband and the wife were pronounced dead at the scene of the accident. They left behind three children, ages 10, nine, and two.

Neighbors of the couple told reporters that the intersection where the accident occurred is known as one where drivers routinely speed. Police are currently conducting an investigation into the cause of the fatal accident. However, at the time of the article’s publication, the driver of the other vehicle was not facing criminal charges for his role in the fatal accident.

Maryland Couple Dies in Prince George County Accident

September 9, 2015 | Lebowitz & Mzhen

Earlier this month, a Clinton couple died as a result of a fatal accident involving several other vehicles. According to one local news source, the accident took place at the intersection of Kirby Road and Tinkers Creek Drive just before two in the afternoon on a Sunday.

Evidently, two cars had slowed down to allow the victims’ vehicle to turn onto Kirby Road from Tinkers Creek Drive. However, a third vehicle coming up from behind those two vehicles crossed over the median, attempting to pass the slower-moving vehicles. As that third vehicle got back into the proper lane of travel, it rear-ended the victims’ vehicle, which had just turned onto the road and hadn’t had a chance to pick up speed.

When emergency responders arrived at the scene, they found the couple in critical condition. It wasn’t until a few moments later, when they were at the hospital, that they were officially pronounced dead. The driver of the other vehicle suffered only minor injuries.

Pedestrian Killed in Tragic Lanham Accident, Police Considering Homicide Charges

September 2, 2015 | Lebowitz & Mzhen

Earlier last month in Lanham, Maryland, one man was killed when he was struck by a car that was being operated by a woman whom he was romantically involved with, possibly his wife. According to one local news report, the accident took place on the 9400 block of Washington Boulevard and Seabrook Road. Witnesses on the scene at the time told reporters that it appeared as though the driver of the car targeted the pedestrian.

Evidently, the vehicle was traveling on Seabrook Drive when it suddenly changed its direction of travel and collided with the pedestrian. After the pedestrian was hit, he became airborne and landed next to a tree that was a few feet off the roadway. Witnesses told reporters that the driver of the car then drove up over the curb and into the tree, crushing the man.

Witness accounts differ, but some people say that the woman started screaming that it was her husband and that he had been beating her. Other accounts suggest that she found out that he was being unfaithful. In either event, it seems as though it could have been an intentional act. Police, however, did not immediately determine that the incident was a homicide and instead opened an investigation.

After Recovery, DUI Accident Victim Seeks Change in Maryland

August 25, 2015 | Lebowitz & Mzhen

Back in August 2014, Gary Clever was with his family in his daughter’s car when a drunk driver slammed into the vehicle, injuring everyone inside. Gary Clever, however, suffered the worst of it. He needed to be immediately transported to R. Adams Cowley Shock Trauma in Baltimore, where he stayed for two and a half months.

According to one local news source, Mr. Clever remembers the accident and recalls telling his daughter that he was “not going to make it.” He remembers the smell and the feel of his own flesh burning. Initially, upon admission to the hospital, doctors told him that he was paralyzed from the chest down. While his insurance company determined that he was ineligible for care where he was receiving treatment, he has found other alternatives. And with time and a heroic effort, he has improved. He has been using an exercise bike to slowly increase the use of his lower body, with hopes of one day being able to walk again. But Mr. Clever’s work is far from over.

The drunk driver that collided with his daughter’s car that day had been convicted of drunk driving twice prior to this incident. While that driver was insured, Maryland law only requires that a person twice convicted of DUI maintain $30,000 in insurance. However, Mr. Clever maintains that this figure is far from sufficient to help cover injuries like the ones that he sustained.

Wet Roads May Be Responsible for Five-Year-Old Girl’s Death in Fatal West Baltimore Car Accident

August 18, 2015 | Lebowitz & Mzhen

Earlier this month, a five-year-old girl was killed and her nine-year-old sister seriously injured when the children’s mother veered off the road and into another vehicle. According to a report by the local NBC News affiliate, the accident occurred at around 5:30 in the afternoon around the 3600 block of North Franklintown Road at Leakin Park in West Baltimore.

Evidently, the two children were riding in the car with their mother when she lost control of the vehicle and crashed into another nearby car. Both children in the car were taken to the hospital. The five-year-old girl was pronounced dead shortly after her arrival, and her nine-year-old sister was admitted in serious condition. The driver of the other vehicle sustained only minor injuries.

Police are still in the process of conducting their official investigation. However, they did tell reporters that the roadway was wet and slick at the time of the accident, and the specific section of road where the fatal accident occurred is particularly curvy.

One Woman Dead, One Man in Critical Condition after Baynes Collision; Alcohol Suspected

August 11, 2015 | Lebowitz & Mzhen

Earlier this month, one woman lost her life and another man is in critical condition following an accident between two cars that occurred in Baynes, Maryland. According to one local news report, the accident took place on Darnestown Road near Whites Ferry Road in the evening hours.

Evidently, the two accident victims were traveling in an SUV that was operated by another male, the boyfriend of the deceased woman. At some point, the SUV crossed over the center line dividing the lanes of oncoming traffic. As the SUV crossed over, it struck a sedan traveling in the opposite direction. The force from the collision caused the SUV to roll over and eventually strike a tree near the roadside.

One of the passengers was ejected from the vehicle, and another was trapped inside. Before emergency workers could respond, a passerby stopped to help the injured accident victims. However, despite their best efforts, the front-seat passenger, a 23-year-old woman, was pronounced dead at the scene of the accident. The other passenger, a 23-year-old male, was still in the hospital in critical condition at the time the article was published.