Options for Recovery After Maryland Fatal Passing Accident

Fatal car accidents are all too common, especially on the highway. These tragic accidents often occur when drivers traveling at high speeds attempt to pass other vehicles. A driver who is not paying attention or forgets to check their blind spot may crash into another vehicle while changing lanes. Sadly, these passing accidents can have serious consequences.

According to a news article, two people were killed in a recent Maryland passing accident. The accident occurred on I-95 when the driver of a Dodge Charger was driving in the right lane and attempted to pass a tractor-trailer. Instead, the Charger rear-ended a Hyundai Elantra. The impact of the crash sent the Charger to the left side of the highway and the Elantra to the right. As a result of the crash, the Elantra caught fire. Sadly, both occupants of the Elantra died from their injuries. The Charger driver was transported to the hospital for his injuries.

How Can You Bring a Maryland Wrongful Death Lawsuit?

After a fatal Maryland passing accident, a deceased victim’s loved ones may choose to bring a wrongful death action to hold the negligent driver responsible for their loved one’s death. In Maryland, a deceased victim’s spouse, parent, or child can bring a wrongful death suit. If none of the deceased’s surviving relatives fit these categories, Maryland law also allows the deceased’s other beneficiaries, who may be related to the deceased by blood or marriage. In Maryland, wrongful death lawsuits carry a three-year statute of limitations. This means loved ones must file a wrongful death action within three years of the deceased victim’s death.

How Do Wrongful Death Lawsuits Differ from Survival Actions?

Unlike wrongful death lawsuits, survival actions are brought on behalf of the deceased, often by the deceased’s estate. Wrongful death suits intend to compensate the deceased’s loved ones for the harm resulting from the fatal accident, such as economic damages or emotional pain and suffering. On the other hand, survival actions intend to compensate the deceased victim through their estate for damages the deceased could have recovered from the defendant. Underlying survival actions is the idea that negligent drivers should not be able to avoid responsibility solely because the victim has died. Consequently, plaintiffs bringing a survival action in Maryland must prove the defendant would have been liable for negligence if the deceased had personally sued the defendant. Like wrongful death suits, the time limit to bring a survival action is three years after the victim’s death.

Have You Lost a Loved One in a Maryland Fatal Passing Accident?

If you have lost a loved one in a Maryland car accident, contact The Schupak Law Firm to discuss your options. The compassionate attorneys at The Schupak Law Firm possess years of experience fighting for Maryland accident victims and their loved ones. Our attorneys have helped clients recover significant damages in wrongful death claims. To schedule a free initial consultation with an attorney on our team, call our office at 240-833-3914.

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