Maryland Car Accident Attorney Blog

U.S. Court of Appeals Affirms Judgment in Favor of Defendant in Maryland Contributory Negligence Case

December 18, 2013 | Lebowitz & Mzhen

The U.S. Court of Appeals for the Fourth Circuit reached a decision this year regarding Maryland’s contributory negligence bar to recovery in any personal injury action.

In the case, Saravia v. Chen, U.S. Ct. App., 4th Cir. (2013), the plaintiffs filed a negligence and wrongful death action following a fatal car accident. At trial, the district court granted the summary motion of defendants (a bus driver and his employer), concluding that the decedent’s contributory negligence barred any recovery.

On appeal, the plaintiffs argued that the district court erred in granting summary judgment on several bases.

Appeal Planned in $1 Million Judgment Stemming from Seeder-Planter Car Collision Personal Injury Lawsuit

December 11, 2013 | Lebowitz & Mzhen

Defense attorneys in a personal injury case that involved a seeder-planter and a car that caused one individual to lose an eye announced their plans to appeal the judgment to Maryland’s Court of Special Appeals. The judgment, at just over $1 million, is reportedly the largest known judgment for a case of this kind reached in the Lower Shore area.

The decision regarding liability was handed down in October, ordering the defendants to pay the plaintiffs $1,026,786 in damages. The defense attorneys stated that the decision to appeal followed a hearing in early November, denying the defense attorneys’ motions to dismiss and for a new trial.

While the ruling itself is not yet readily available, the reports on the case reveal the details regarding the outcome of the case, and the planned basis for the appeal.

Maryland Appeals Court Affirms Exclusion of Testimony Regarding Defendant’s Conduct Following Car Accident

December 4, 2013 | Lebowitz & Mzhen

In a ruling earlier this year, the Court of Special Appeals of Maryland clarified the nature of damages available for emotional distress, and Maryland’s stance on recovery for Intentional Infliction of Emotional Distress.

The case, Alban v. FIELS, 61 A. 3d 867 (2013), involved a car accident between two passenger trucks that occurred in Baltimore in 2009. According to witnesses, the driver of a white truck struck the truck of the plaintiffs (Albans), and then fled the scene. However, given that he was proceeding on a dead end street, he was perceived turning around, driving past the accident, and laughing or smirking. He was also reportedly seen smirking at a nearby convenience store where at least one witness had followed him following the collision.

At trial, the plaintiffs filed a lawsuit with various claims arising out of negligence, including psychological damage endured by Ms. Alban. The defendant did not contest liability for negligence in the accident, and the case was tried on the issue of compensatory damages. A jury awarded the couple as follows: non-economic damages in the amount of $5,000 to Ms. Alban, “zero” damages to Mr. Alban, and noneconomic damages in the amount of $5,000 to both the Albans for their joint claim for loss of consortium. The trial court entered judgment for $10,000 plus costs.

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.