DC Injury Lawyer Blog

Maryland Collision Tragically Kills Three; Including Promising Young NFL Rookie

Published on: August 6, 2024 | by Sidney Schupak, Esq.

Earlier this month, a tragic car accident in Maryland claimed the lives of three individuals, including Khyree Jackson, a Maryland-born rookie cornerback for the Minnesota Vikings. Jackson, who was just 24, had a bright future both on and off the field, and his untimely death has left his family, community, and team devastated. The accident has brought profound grief to everyone who knew him, as the Vikings and his local community remember him not only for his athletic potential but also for his inspiring character.

The accident occurred in Prince George’s County just before 3:15 a.m. on a Saturday. Jackson was traveling in a maroon Dodge Charger with two others when their vehicle was struck by a silver Infiniti. The driver of the Infiniti was allegedly driving at an excessive speed and attempting to change lanes when the collision happened. The impact was severe enough to send the Charger off the road, causing it to hit multiple tree stumps before coming to a stop. The crash resulted in the deaths of all three men in the Charger. The other driver, who was not injured, has been arrested, and charges are pending, with investigators suggesting that alcohol may have played a role in the accident. It appears that the driver of the Charger was not at fault.

In situations like these, where a life is lost due to the negligence or recklessness of another party, families have the right to pursue a wrongful death claim. In Maryland, a wrongful death claim is a legal action that seeks compensation for the survivors of a deceased individual who died due to someone else’s negligent or intentional actions. The claim can be filed by the personal representative of the deceased’s estate on behalf of the surviving family members, such as a spouse, children, or parents. This type of claim aims to address the financial impact of the death, covering damages such as funeral and burial costs, lost wages that the deceased would have earned, and compensation for pain and suffering endured by the surviving family members. Additionally, the claim can address the loss of companionship and support that the deceased provided.

Central DC Hit-and-Run Crash Leaves Serious Questions Unanswered

Published on: July 30, 2024 | by Sidney Schupak, Esq.

Hit-and-run accidents are a frequent occurrence in Maryland and DC, especially in urban areas where a driver can easily flee before authorities arrive. There are various reasons for these accidents, including intoxication, active warrants, or other criminal activities. Typically, a hit-and-run involves the driver leaving the scene in their vehicle. However, a recent news article demonstrates that sometimes a perpetrator will abandon their vehicle and flee on foot.

The recent incident in DC highlights the unpredictable nature of hit-and-run accidents. A vehicle plowed into a multi-story office building just north of Dupont Circle around 2 a.m. The crash left a black truck overturned on the sidewalk, causing significant damage to the first-floor office space. Emergency crews could not locate the driver or any passengers when they arrived. Although no structural integrity issues were found, the sidewalk remained closed, and the cause of the crash was unclear. This incident underscores the chaotic and dangerous nature of hit-and-run accidents, leaving victims and property owners in a difficult situation.

Hit-and-run accidents are dangerous and devastating. In Maryland, leaving the scene of an accident involving property damage, bodily injury, or death is a criminal offense. Tragically, this happens all too often, leaving injured parties in dire situations. When an at-fault driver flees in a hit-and-run accident, it can be difficult to know how to obtain compensation for your injuries and how to find the person liable for the crash.

19-Year-Old Killed in Fatal Maryland Accident

Published on: May 24, 2024 | by Sidney Schupak, Esq.

Car accidents can have devastating consequences, including serious injuries and fatalities. When a person dies in a car accident, their estate can bring a personal injury lawsuit to recover damages for their suffering. Maryland law takes the position that a careless driver should not be able to evade liability simply because the person they harmed has died. Accordingly, the beneficiaries of the victim’s estate can recover compensation for a fatal Maryland accident.

For example, a recent fatal Maryland accident tragically killed a 19-year-old woman. According to a news article covering the accident, the victim was attempting to make a left-hand turn into a southbound, and she did not yield right of way to a truck traveling northbound. The two vehicles collided, and the woman died at the scene. A passenger of the truck was transported to the hospital for minor injuries.

Can You Bring a Lawsuit After a Fatal Maryland Accident?

In Maryland, a deceased accident victim’s loved ones can bring a wrongful death action to recover damages for the emotional, psychological, and financial harm they have suffered following the victim’s death. By contrast, a survival action allows the victim’s estate to recover the same damages award that the victim could have recovered had they survived. A successful survival action must establish that the defendant owed the deceased a duty of care, breached that duty through their actions or failure to act, caused the fatal accident, and that the victim consequently died. Damages from a survival action can compensate for medical, funeral, and burial expenses, pain and suffering of the deceased, and any resulting property damage. Plaintiffs can bring a wrongful death lawsuit or a survival action up to three years after the victim’s death. If they do not file suit within three years, they lose the right to sue the negligent driver for damages.

Preventing a Fatal Virginia Car Accident

Published on: April 15, 2024 | by Sidney Schupak, Esq.

Fatal accidents can take a devastating toll on the victim’s loved ones. These accidents are particularly tragic when they are preventable. For example, a person can easily prevent a DUI accident by refraining from driving while under the influence of drugs or alcohol. While not all accidents are preventable, you can take several precautions to stay safe on the road.

Sadly, a recent news article reported on a fatal car accident in Waldorf, Maryland. A preliminary investigation indicates that a Chevy Malibu was traveling eastbound in the westbound lane of Route 228. The Chevy then collided head-on with a Ford traveling in the westbound lane. The Chevy driver was pronounced dead at the scene. The Ford driver was transported to the hospital in serious condition. According to local authorities, driving under the influence (DUI) appears to be a factor in the collision.

Who Can Sue for Wrongful Death in Virginia?

In Virginia, the personal representative must bring a wrongful death action on behalf of the deceased person. However, any damages from the lawsuit will go to the deceased’s beneficiaries as specified by § 8.01-53. Under this statute, the deceased’s surviving spouse and children can recover damages from a wrongful death action. If the deceased’s children are also deceased, their grandchildren can also recover damages. If the deceased does not have a surviving spouse, child, or grandchild, the surviving parents and siblings or any other dependent relatives can recover damages. Finally, if the deceased has no surviving relatives that fall into these categories, any surviving family member may inherit the deceased’s estate, including a damages award from a wrongful death action.

Jury Awards $13.5 Million in D.C. Fire Truck Accident

Published on: March 30, 2024 | by Sidney Schupak, Esq.

First responders have a responsibility to protect the safety and lives of their communities. Consequently, it is especially devastating when a first responder’s negligence leads to significant injury or death. Following a serious accident, a victim or their loved ones may pursue a negligence lawsuit against the municipality who employed the first responder. Recently, a jury in D.C. awarded more than $13.5 million to the family of a man who died in an accident involving a speeding fire truck.

Facts of the Case

The events giving rise to this wrongful death lawsuit arose when a speeding fire engine was responding to an emergency. The fire truck sped through a red light at an intersection, which caused it to plow head-one into the victim’s car. Sadly, the victim died from his injuries. The crash injured two other people. The victim’s spouse filed a wrongful death lawsuit against the District of Columbia.

The Trials

There were two trials in this case. The first trial functioned to determine who was at fault. According to the original D.C. police report, the victim was at fault for the crash by failing to yield right of way to the fire truck, which can legally run a red light in the event of an emergency. The report also noted that the victim’s toxicology report revealed he had PCP in his system at the time of the accident. However, at the second trial, evidence showed that the fire truck driver actually violated D.C. Fire and Emergency Medical Services policies by failing to slow down or stop before running the red light. Instead of slowing down, the driver was speeding excessively. Additionally, the D.C. Superior Court judge excluded the toxicology report. While it reported PCP in the victim’s system, it did not necessarily indicate that he ingested PCP on the day of the accident. This led the judge to find that PCP did not contribute to the accident, nor was there evidence that the victim acted recklessly.

23 Vehicles Involved in Chain-Reaction Accident on Chesapeake Bay Bridge

Published on: February 29, 2024 | by Sidney Schupak, Esq.

Chain reaction accidents often start with one driver who fails to exercise reasonable care while operating their vehicle. A single driver’s negligence can lead to multiple crashes, particularly if other drivers are distracted and fail to react in time to avoid a collision. Chain reaction accidents pose complicated questions of causation that can affect the legal proof required in a successful personal injury lawsuit. One recent Maryland chain reaction accident demonstrates how one driver’s negligence can lead to widespread damage.

For example, a recent news article reported a chain-reaction crash on the Chesapeake Bay Bridge involving 23 vehicles. According to the Maryland Transportation Authority (MDTA), a vehicle that was speeding and driving erratically may have caused the accident. Multiple people suffered injuries, and the MDTA closed the Bay Bridge for several hours. While first responders provided assistance at the scene, several drivers found themselves stuck on the bridge with nowhere to go.

How Can You Prove Fault in a Maryland Chain-Reaction Accident?

If you bring a lawsuit after a chain-reaction accident on a bridge or highway, you must prove that the defendant’s negligence was the factual and legal cause of your injuries. However, proving causation may be complicated in a chain-reaction accident. For example, one driver may have struck your vehicle, but a second driver may have crashed into the first driver while speeding, causing the first vehicle to move forward. In this example, even though the first driver hit your vehicle, the second driver’s negligence may be the legal cause of your injuries. If so, the first driver likely has a strong defense that they did not cause your harm, meaning they would not be liable for damages. Conversely, if the second driver was speeding, texting while driving, or driving under the influence, they will have a tougher time proving their negligence was not the cause of your injuries.

Recovering Compensatory Damages After a Maryland DUI Accident

Published on: January 19, 2024 | by Sidney Schupak, Esq.

Driving under the influence (DUI) places everyone on the road at risk of serious injury. If you are hit by a drunk driver, you may incur medical bills, lost wages, or property damage. To recover damages for these losses, you can bring a personal injury lawsuit against the negligent driver. Civil lawsuits are separate from criminal cases, which often do not result in just monetary compensation. When bringing a civil case, Maryland DUI accident victims should understand the types of damages awards they can recover from a successful personal injury lawsuit.

Recently, a driver pleaded guilty to felony manslaughter charges after a Maryland DUI accident. The charges stem from a crash involving two drivers who were under the influence. The first driver was speeding on I-70 when the second driver clipped his car while attempting to change lanes. The first driver then crashed into a work zone, striking several construction workers. Sadly, six of the workers died from their injuries. Both drivers were traveling at over 100 miles per hour when the crash occurred. The second driver also faces DUI charges.

What Damages Are Available After a Maryland DUI Accident?

If you pursue a negligence lawsuit against the responsible driver, you may be able to seek compensatory damages. This type of damages award intends to restore you to the position you were in before the accident. Compensatory damages can include economic and non-economic damages. Economic damages compensate for expenses incurred from the accident. These often include medical bills and lost future wages if your injuries prevent you from performing your usual job functions. In addition, you can seek non-economic damages, which compensate for emotional harm resulting from the accident. These often take the form of damages for “pain and suffering.” Finally, your spouse may be able to seek damages for “loss of consortium,” which refers to the loss of a spouse’s companionship. To recover compensatory damages, you must prove it is more likely than not that the driver’s negligence caused your injuries.

Suing Multiple Defendants in Maryland Multi-Vehicle Accidents

Published on: December 31, 2023 | by Sidney Schupak, Esq.

When an accident involves multiple vehicles, determining fault can be unclear. The accident may also have more than one cause with more than one responsible driver. When a person suffers injuries in a multi-vehicle accident, they may sue more than one defendant for their harm. Maryland multi-vehicle accident victims should be aware of the state’s rules for recovery against multiple defendants.

For example, a three-car crash injured ten people in Columbia, Maryland. The accident occurred as a car was entering Route 29 south when the driver lost control, striking two other cars. As a result of the crash, ten people were transported to the hospital. The cause of the crash remains under investigation.

How Does Maryland Determine Fault Among Multiple Defendants?

To apportion fault among multiple defendants, Maryland follows a system of joint and several liability. Under this theory of recovery, a plaintiff can recover the entire damages award from a single defendant regardless of fault. For example, a defendant who is only 30% at fault may be liable for 100% in damages if the other defendants are insolvent, meaning they cannot pay. However, that same defendant can then sue the other defendants to recover their share of the award. For example, the defendant could sue another defendant for 70% of the total damages amount. Joint and several liability ensures plaintiffs can recover the full damages they deserve even if one defendant is insolvent.

Virginia Teenage DUI Accident Injures Six People

Published on: November 14, 2023 | by Sidney Schupak, Esq.

Driving under the influence (DUI) is so dangerous that it can lead to both criminal and civil penalties. If a person driving under the influence causes injury, the victim could sue them for negligence, and the state could bring a criminal DUI charge. Virginia accident victims should understand the important differences between a negligence lawsuit and a criminal prosecution. Even if the responsible driver faces a criminal conviction, you can still hold them accountable for damages through a civil negligence lawsuit.

For example, a recent Fairfax County, Virginia DUI accident injured six teenagers. The accident occulted in the early morning hours as an intoxicated teenage driver was speeding in a residential neighborhood. Eventually, the driver lost control of the vehicle, which rammed into a large tree. Witnesses remarked that the vehicle started to spin before rolling over. Multiple passengers were ejected from the car. As a result, six teenagers suffered injuries. Debris from the accident also struck a parked car nearby.

How Do Criminal and Civil DUI Accident Cases Differ?

Understanding Fault in Fatal Virginia Truck Accidents

Published on: October 16, 2023 | by Sidney Schupak, Esq.

When a truck or tractor-trailer strikes a car, the collision is too often fatal due to the large size of a truck. When fatal truck accidents occur, the responsible truck driver may attempt to claim that the deceased was at fault for the accident. While other witnesses may have observed the crash, the victim is not alive to directly counter a truck driver’s version of events. However, an experienced personal injury attorney can work with clients in developing a strong case theory to argue that the deceased was not at fault.

For example, a news article reported that a man died in a recent Baltimore, Maryland truck accident. The victim was driving near the intersection of I-95 South when a tractor-trailer struck the rear end of his vehicle. Sadly, the man died at the scene. A passenger in the car was transported to the hospital to receive treatment for his injuries.

Can You Bring a Wrongful Death Action After a Fatal Virginia Truck Accident?

If your loved one has died in a Virginia truck accident, you can bring a wrongful death action to recover damages against the responsible driver. The intent behind a wrongful death action is to prevent a negligent driver from escaping liability just because the victim has died. Therefore, to prevail on a wrongful death claim, the deceased’s personal representative bringing the suit must prove the required elements of negligence that the deceased would need to prove if they had survived. To hold a truck driver liable for damages, the plaintiff must prove it is more than 50% likely that the truck driver owed the deceased victim a duty of care, that their negligent action or inaction violated that duty and caused the fatal accident and that the victim died as a consequence of the truck driver’s negligence.