DC Injury Lawyer Blog

Many children and teenagers throughout the United States, especially those who live in cities, walk to school or a bus stop daily. While walking is a healthy and enjoyable mode of transportation for many school-aged children, it can present a risk of a Maryland pedestrian accident. According to the most recent statistics from the National Highway Traffic Safety Administration, Maryland is the 7th most dangerous state for pedestrians. This ranking is startling for a small state. Following a harrowing accident on National Walk to School Day, safety advocates urge lawmakers to expedite their Vision Zero plan.

The Vision Zero initiative stems from the US Department of Transportation’s Mayor challenge. The program aims to reduce the rate of pedestrian accidents by improving bike lanes and pedestrian walkways. The plan falls under a common framework that emphasizes the “Five E’s.” The “Five E’s” are evaluation, engineering, enforcement, education, and encouragement of necessary systemic changes. Residents and advocates are asking government leaders to add in another “E”: exigency.

The urgency comes after a 29-year-old father was walking his two young daughters to school when a Jeep slammed into them. The father explained that he was dragged nearly 20 feet by the vehicle. His 8-year-old daughter suffered severe injuries to her leg that has confined her to a bed, and his 6-year-old daughter suffered severe facial injuries that will require extensive surgery. Additionally, the family is receiving therapy to help them cope with the psychological aftermath of the incident.

Maryland maintains one of the strictest contributory negligence laws in the country, and accident victims should hire an attorney to help them through the claims process. The state’s contributory negligence framework provides that a plaintiff’s contributory negligence bars them from recovering damages. In other words, a plaintiff who possesses even 1% of the responsibility for the accident will not be able to recover. As such, regardless of how straightforward an accident may appear, determining definitive fault after a Maryland accident is critical to financial recovery.

While Maryland law presents significant challenges to injury victims, there are some exceptions to the harsh contributory negligence statute. The three primary exceptions involve the last clear chance doctrine, seat belts, and rear-end collisions. The “last clear chance” doctrine refers to situations when the other driver had the last clear opportunity to avoid the accident. In these cases, the driver with the last chance to avoid the accident will be liable for the damages. Further, many defendants try and purport the injury victim’s seat belt usage as evidence of contributory negligence. However, in Maryland, a defendant cannot avoid liability by solely pointing to a victim’s seatbelt usage as evidence. Finally, the law generally imputes liability on the back driver in a rear-end accident. While defense attorneys may present evidence to establish the front-drivers negligence, these defenses require a significant amount of evidence.

Overcoming contributory negligence defenses is exceedingly challenging in multi-vehicle accidents because the exact sequence of events can be convoluted. For instance, reporters recently described a harrowing series of Maryland accidents. According to police, a Mitsubishi driver slammed into a vehicle and fled the scene. While fleeing from the first incident, he slammed into a Metro bus and then fled again, striking a school bus and a sedan. Emergency responders transported the Metro bus and school bus drivers to a local hospital. The Mitsubishi driver remains in critical condition at a different hospital.

Maryland continues to follow outdated and strict contributory negligence laws that pose many challenges to accident victims. First, the state is one of the few jurisdictions that permit contributory negligence as a defense instead of comparative negligence. Other states calculate damages by calculating damages in proportion to the amount each party was at fault. Injury victims are more likely to be fairly compensated for injuries under the comparative negligence model. In contrast, the contributory negligence theory creates an “all or nothing” approach, and injury victims cannot recover if they are even 1% at fault for their injuries. These accidents can cause significant injuries, and fair compensation is necessary. As such, Maryland injury victims involved in an accident, especially a multi-vehicle accident, should contact an attorney to ensure that they secure the compensation they deserve.

For example, Maryland State Police described a multiple vehicle accident that resulted in several fatalities. Troopers responded to a report of a head-on collision in Westminster, Maryland. An initial investigation revealed that a Camaro was traveling east when it attempted to pass another car. While passing the vehicle, the Camaro slammed into another sedan. The Camaro driver and passenger and sedan driver suffered fatal injuries. The occupants of the third vehicle involved in the accident did not require immediate medical treatment. The accident is still under investigation; however, authorities believe that excessive speed was a factor in the incident.

This case brings up another critical issue in that Maryland wrongful death operates as two claims. The first claim is the wrongful death action, which asserts damages the person suffered because of the deceased person’s absence from the claimant’s life. The second action is a survival action, which allows compensation to the victim’s estate for the damages the victim incurred because of the accident up until they died.

Maryland falls in line with other states and requires motorists to carry minimum car insurance coverage. Driving without car insurance in Maryland can result in various consequences to the at-fault driver and any accident victims. While the law prohibits motorists from driving without insurance, that does not deter many people from engaging in this illegal conduct. Getting into an accident with an uninsured or underinsured motorist can create long-term medical and financial consequences for an accident victim.

The most recent accident data from Maryland shows that there were nearly 116,000 total car crashes in 2019. Approximately 33,000 of those accidents resulted in bodily injury, and over 82,000 accidents caused property damage. Maryland is an at-fault state, which means that drivers are liable for the damages they cause in an accident. However, while the state requires motorists to carry appropriate coverage, about 14% of the drivers in the accidents mentioned above were uninsured. These startling facts reveal that a significant number of accident victims likely did not recover adequate damages through an insurance claim.

While Maryland insurance laws require drivers to carry liability insurance, it is essential to note that this coverage only applies to at-fault drivers who cause injuries to others in an accident. The coverage does not protect a driver for the injuries or damages they suffered in an accident. Some motorists opt to add on additional coverage, such as collision, comprehensive, or medical coverage. However, these are optional and do not apply in every accident case and are not always beneficial to the party who needs coverage. For example, medical payments coverage covers the insured motorist and their passengers, regardless of fault, but does not apply to the other driver or their passengers.

Car accidents are an unfortunate yet common occurrence on Maryland and Washington, D.C. roadways. While a small number of accidents are genuinely the result of unforeseeable consequences, most accidents stem from some form of negligence. Determining liability and apportioning fault after a D.C. car accident can be a daunting task. However, it is a necessary inquiry that injury victims must go through to ensure that they receive the compensation they deserve. Maryland and Washington, D.C. accident lawsuits require a comprehensive and detailed understanding of complex tort laws. As such, injury victims should consult with an attorney to determine their rights and remedies after an accident.

Chain reaction accidents tend to be some of the most challenging cases. These accidents occur when an initial impact between two vehicles sets off a chain of subsequent accidents. The series of events ends when the final car does not slam into another vehicle, person, or static object. The fundamental nature of these accidents makes it very difficult to determine fault. While a single motorist’s conduct may have set the events in motion, there may be additional actions that contributed to the final accident.

For example, local news reports described a harrowing Maryland chain reaction accident that resulted in serious injuries to six individuals. The series of events started when one vehicle failed to see an oncoming vehicle. The first car slammed into the oncoming vehicle, which then spun around and crashed into another car. An initial investigation revealed that it is likely that another accident likely contributed to the chain reaction.