Maryland Car Accident Attorney Blog

Texters Could Potentially Face Liability for Sending Messages to Drivers Later Involved in Car Accidents, State Court Rules

November 26, 2013 | Lebowitz & Mzhen

In a recent car accident case, Kubert v. Best, et. al, Sup. Ct. NJ, App. Div. (2013) , a New Jersey appeals court examined whether an individual sending text messages to a driver may be held liable for any resulting accidents caused as a result. The state has laws forbidding texting while driving, as we have in Maryland.

The panel of judges created a new standard of liability in the case, which involved a car accident that took place in 2009. The accident occurred when an 18 year old young man accidentally crossed the center line, colliding into a motorcycle that was carrying a husband and wife. The accident caused both of the individuals to lose their left legs, as a result of the injuries they sustained in the crash.

Later obtained evidence, including phone records, demonstrated that the driver had been actively texting with a 17 year old female friend. After the injured couple settled with the driver in the accident, they claimed that the young woman was also at fault in the accident, for distracting the driver with texts. The trial judge found that the young girl did not owe the injured couple any duty to stop texting, even if she knew that the young man was driving.

Husband Sues Wife’s Employer for Wrongful Death Following Tragic Car Accident

November 19, 2013 | Lebowitz & Mzhen

In an unorthodox twist to the typical car accident fatality case, an Ohio man is suing his wife’s former employer, claiming that they are responsible for causing the single vehicle accident that killed her.

The lawsuit, Jasper et. al v. Jewish Hospital et. al, details the hospital’s procedures of regularly requiring the woman, and other nurses, to work in excess of their regularly scheduled hours. Additionally, because the woman had special certifications, she was regularly called in during her supposed off time to conduct trainings, or to work when the hospital was understaffed, which was reportedly often.

According to the complaint, on March 16, 2013, “Ms. Jasper was killed when her vehicle suddenly departed from the road, ramped an embankment, became airborne, and crashed into a tree while driving home from her shift at the Hospital.” The attorney representing the woman’s husband, children, and estate, said in a statement that they believe she many have fallen asleep just before her car left the road.

Man Attempting to Flee Maryland Traffic Stop Killed After Being Ejected From Car

November 12, 2013 | Lebowitz & Mzhen

A Delaware man was killed in Maryland earlier this month after he was ejected from the car he was driving in an attempt to flee a traffic stop.

The incident occurred just after 2:30 a.m. on a Wednesday morning, when a trooper on patrol radared a Chevy Malibu traveling at 66 mph in a 50 mph. The trooper then activated the emergency equipment on his marked car, and pulled the vehicle over.

As the officer approached the car and began talking with the driver, another vehicle pulled up behind the trooper’s car. The driver stated that the other car contained his girlfriend. At that point, while the trooper was still conversing with the driver of the Malibu, the driver sped off, attempting to flee the traffic stop. Police have stated that the man’s license was revoked, and that he was wanted on a traffic warrant.

Speeding Accident in Hyattsville Kills Two

November 5, 2013 | Lebowitz & Mzhen

A violent car accident last week resulted in the untimely death of two individuals who were riding in the same car.

The accident occurred early Friday morning in Hyattsville, authorities say, at the intersection of Riggs Road and Drexel Street. According to police, a Toyota Camry was turning right onto Riggs Road when it was struck by an Acura. Police said that the Acura was traveling southbound on Riggs Road when it lost control, crossing into the northbound lanes, where it struck the Camry on the front driver’s side.

The passenger of the Camry was transported to a local hospital where she was later pronounced dead. The driver of the Camry died at the scene. The driver of the Acura was transported to the hospital for treatment of non-life threatening injuries.

Fatal Car Collision on Old Route 40 in Washington County

October 29, 2013 | Lebowitz & Mzhen

Maryland State Police reported that one person died as the result of a three car accident in Washington County.

The incident happened in the early afternoon on Old Route 40 eastbound near the intersection of Toms Road, between Funkstown and Boonsboro.

Police reported that an older man and woman were driving in a Nissan truck, and were waiting in the travel lane for oncoming traffic to clear so they could make a left turn onto Toms Road. Then, according to officers, an Oldsmobile driven by a 22 year old man traveling down the eastbound lane collided into the rear of the Nissan truck, for unknown reasons. The impact of the collision caused the truck to flip onto the drivers side, forcing it into oncoming traffic, where it was then struck by a GMC Envoy, containing a 72 year old driver.

Maryland State Trooper in Critical Condition Following Shoulder Collision

October 18, 2013 | Lebowitz & Mzhen

A Maryland State Trooper was sent to the Maryland Shock Trauma Center in critical condition earlier this month, after being hit by a car on Route 100.

Maryland State Police say the trooper was hit violently by a driver who failed to obey the “Move Over” law. At around 1 a.m., another state trooper had pulled over a suspected drunk driver. The injured trooper arrived to assist, but was hit as another car violently crashed into her as she walked along the shoulder of the highway.

Maryland State Police say the driver was reportedly intending to get off at Catherine Avenue when he hit the trooper. The impact was so strong it sent her flying into the air, into the back of another trooper’s windshield, which her body reportedly broke, crashing into a K-9 cage within the car. The trooper then fell into a nearby ditch. She was transported to Shock Trauma with a broken arm, head injuries, and cuts and contusions. Fortunately, her condition was recently reportedly downgraded to serious.

Street Racing Suspected in Multiple Vehicle Collision

October 7, 2013 | Lebowitz & Mzhen

Maryland State Police continue to investigate a multiple car accident that shut down part of Crain Highway in Brandywine last weekend. Witnesses told at least one news source that they believe street racing was to blame for causing the collision.

Maryland State Police said in a statement that a black Mercury Marauder was speeding on the northbound lanes of 301 when it crossed over the median and crashed into on coming traffic, which caused a chain reaction wreck involving a total of five cars.

The cars involved included an Ford F-350, Acura TL, Chevrolet SSR, Dodge Dakota, and Ford Expedition. In sum, eleven people were taken to local hospitals, including at least four children aged seven and younger. In total 11 people were taken to area hospitals in varying conditions. Some were airlifted while others were taken by ground. The cause of and circumstances surrounding the accident remain under investigation.

Maryland Driver Charged in Striking 8 High School Students

October 3, 2013 | Lebowitz & Mzhen

According to police, the 19 year old driver who hit eight high school students in Maryland late last month was driving with only a learner’s permit, and will face multiple charges in relation with the collision.

The accident reportedly occurred at some time around 6 p.m., when the young man was attempting to drive to the rear of the school, and failed to yield to a group of junior ROTC students standing in formation in the parking lot. The students that were hit were reportedly transported to a local hospital for treatment of non-life threatening injuries, which included, bruises, bumps, and possibly broken bones.

Local police believe that the driver was distracted by the sun’s glare when the collision occurred. The driver has been charged with multiple counts of negligent driving and failure to control his vehicle. Additionally, because he was driving with a learner’s permit, he is facing an additional charge of driving without supervision, as required by law.

No Fatalities in 10-Car Accident Near Maryland State Line

September 26, 2013 | Lebowitz & Mzhen

In stark contrast to other multi-vehicle accidents in recent weeks, an accident that occurred in Pennsylvania, near the Maryland state line, involving ten vehicles resulted in no fatalities. That vehicle count included four tractor trailers and a tow truck. Amazingly, not a single person died.

The accident happened approximately eight miles north of the border around 1:30 p.m. on the I-83 North. It began when traffic began to buildup for unknown reasons. One tractor trailer was unable to stop in time, and crashed into the rear of another vehicle, which caused a chain reaction collision. In fact, one vehicle was so badly destroyed, it reportedly had to be removed from the roadway by means of a forklift. A fuel hazmat team was also called to the scene.

Of the individuals involved in the collision, seven people were taken to local hospitals for treatment of non-life threatening injuries. Pennsylvania State Police are investigating the collision.

Fatal Single Vehicle Accident in Montgomery County

September 20, 2013 | Lebowitz & Mzhen

Montgomery County police reported another single vehicle car accident happened earlier this month, but in this case proved to be fatal for the driver from Mount Airy. The man was killed in a crash on Laytonsville Road, near Hawkins Creamery Road, south of Damascus.

Police, who were called to the scene at around 8:30 a.m., said in a statement that the man’s Hyundai Sonata apparently drifted from the road for unknown reasons before it struck a large tree, and then rolled over before finally coming to rest on a fence. Although the man was flown to the Shock Trauma Center in Baltimore, police said he later died from his injuries.

Police do not know what caused the vehicle to leave the roadway. There were reportedly no passengers in the car at the time of the collision. It took rescuers a half of an hour to free the man from his car. An investigation into the collision remains ongoing.