Washington DC Injury Lawyer Blog

Fatal Charlotte Hall Crash Highlights Dangers of Speeding and Drunk Driving

September 30, 2024 | Lebowitz & Mzhen

A recent tragic accident in Charlotte Hall, Maryland, involving a 64-year-old driver has raised concerns about the devastating impact of reckless driving. The driver of a 2021 Nissan Armada lost control of the vehicle, leading to a fatal crash in which speed and alcohol are believed to be contributing factors. The single-car accident on Route 5 near Oak Station Drive resulted in the vehicle overturning and extensive damage to the car. Sadly, the driver was pronounced dead at the scene. This incident highlights the legal consequences of dangerous driving and the steps victims or their families can take under Maryland law.

When accidents involve reckless driving, such as speeding or driving under the influence, those affected by these events often seek compensation through personal injury or wrongful death claims. These claims can provide financial relief and justice for families dealing with the aftermath of a tragedy.

Understanding Liability in Crashes Involving Speed and Alcohol in Maryland

Five Hospitalized After Northwest DC Car Crash

September 30, 2024 | Lebowitz & Mzhen

A multi-vehicle crash in Northwest Washington, DC, recently left five people hospitalized, with one individual trapped inside a car that required rescue. The accident, which occurred in a busy part of the city, highlights the dangers of multi-vehicle crashes and the complexities involved in determining liability. Understanding the legal options available after such an accident is critical for anyone injured in a serious collision.

Victims of multi-car accidents often face physical injuries, financial burdens, and emotional distress. Seeking compensation through personal injury claims can provide the necessary support to cover medical bills and other losses. However, a successful claim requires a clear understanding of DC’s laws regarding multi-vehicle accidents.

Severe Northwest DC Crash Sends Five to the Hospital

Fiery Crash in D.C. After Police Chase Leaves Two Dead, One Injured

August 31, 2024 | Lebowitz & Mzhen

Accidents involving police pursuits can result in tragic outcomes, and when these incidents occur in Washington, D.C., they raise significant legal questions. Under D.C. law, police officers have specific guidelines for engaging in vehicle pursuits, particularly when public safety is at risk. However, when a chase ends in injury or death, questions about liability, negligence, and the rights of those involved often arise. If you or a loved one has been affected by an accident involving a police pursuit, it is essential to understand your legal rights and options.

Deadly Police Chase Ends in Fiery Crash in Southeast D.C.

Two people died, and another was injured after a high-speed police chase ended in a fiery crash near Southeast D.C.’s border with Maryland. The incident started around 12:15 p.m. on a Tuesday when Anne Arundel County officers in Annapolis spotted a white BMW that fit the description of a vehicle linked to multiple armed robberies in the D.C. area, including a recent one in Prince George’s County.

Hit and Run Crash Near Dupont Circle

July 30, 2024 | Lebowitz & Mzhen

A recent accident in Washington, D.C., has left many residents concerned and seeking answers. Earlier this month, a vehicle crashed into a multi-story office building just north of the Dupont Circle neighborhood. The crash, which occurred around 2 a.m. in the 1600 block of Connecticut Avenue, involved a black truck that overturned on the sidewalk outside the office building. When emergency crews arrived, they found significant damage to the first-floor office space but no structural integrity issues. The driver and any potential passengers were not found at the scene, and the cause of the crash remains unclear. This incident highlights the dangers and legal implications of hit-and-run accidents under D.C. law.

Understanding Hit and Run Accidents in Washington D.C.

Hit-and-run accidents occur when a driver involved in a collision leaves the scene without providing contact information or offering assistance to those injured. These accidents are particularly serious and can lead to severe legal consequences. In Washington, D.C., leaving the scene of an accident is a criminal offense, and drivers can face substantial fines, license suspension, and even imprisonment.

Maryland Legislators Pass New Law Preventing Recreational Facilities from Relying on Liability Waivers

June 22, 2024 | Lebowitz & Mzhen

On May 16, 2024, Governor Wes Moore signed a landmark law in Maryland that prohibits waivers of liability for negligence in recreational facilities. This groundbreaking legislation ensures that recreational centers can no longer avoid responsibility for injuries caused by their negligence, even if participants have signed liability waivers. This change significantly impacts the legal landscape for anyone injured while enjoying recreational activities in Maryland.

What Are Liability Waivers?

Liability waivers are documents that participants sign before engaging in activities, indicating that they won’t hold the facility responsible for any injuries they might sustain. These waivers have been a common practice in gyms, swimming pools, sports complexes, and other recreational facilities to shield themselves from legal claims. Negligence occurs when a facility fails to uphold a standard of care, such as neglecting maintenance, providing insufficient safety measures, or failing to supervise adequately.

How Maryland’s New Law Prevents the Use of Releases of Liability

Tesla Under Federal Investigation Following Autopilot Crash in Washington

May 31, 2024 | Lebowitz & Mzhen

Tesla recently recalled over 2 million cars in the U.S. following a two-year investigation by the National Highway Traffic Safety Administration (NHTSA) prompted by a series of crashes involving Tesla cars using the Autopilot feature. In response, Tesla released a software update in December for cars equipped with the system, adding more controls and alerts that would “encourage the driver to adhere to their continuous driving responsibility” while using Autosteer, a component of Autopilot. Despite this, NHTSA’s Office of Defects Investigation said Tesla’s Autopilot system may still be inadequate. The agency identified at least 13 fatal crashes and 32 crashes resulting in injuries where Tesla drivers misused the system, according to a report released Thursday by the agency.

Federal auto safety regulators opened another investigation into Tesla’s recall of its Autopilot system last year, saying the company may not have done enough to keep drivers who use the technology focused on the road. The NHTSA announced on Friday, April 26, that they are opening an investigation into the safety of Tesla’s Autopilot feature, less than a week after a Tesla driver believed to be using it allegedly struck and killed a motorcyclist in Monroe, Washington. Jeffrey Nissen, 28, of Stanwood was on his way home from work on Highway 522 when the Tesla Model S struck his blue 2003 Yamaha R6, Nissen’s fiancée Janae Hutchinson said Thursday. Washington State Patrol spokesperson Chris Loftis said the agency is still investigating whether the Tesla driver was using Autopilot — a combination of cruise control and Autosteer intended to maintain the car’s set speed while keeping a safe distance from other vehicles and in its driving lane. The crash was among a rising number of collisions in Washington involving cars equipped with the technology, mostly Teslas.

Are Totally Driverless Cars Legal?

Autonomous driving, or the operation of vehicles with no human involvement, is currently only legal for testing in Washington state, and only three companies — NVIDIA Corporation, Waymo, and Zoox — have certified with the state’s licensing department to do so, said Loftis, a Washington State Patrol spokesperson. This is likely due to safety issues with totally autonomous vehicles.

Six Construction Workers Presumed Dead After Baltimore Bridge Collapse

April 2, 2024 | Lebowitz & Mzhen

The recent collapse of the Francis Scott Key bridge in Baltimore, Maryland led to widespread destruction and the tragic death of six construction workers. According to CNN, a large container ship lost power and crashed into the bridge in the early morning hours. As a result of the collision, the bridge collapsed, and several vehicles fell into the water. Tragically, eight construction workers were inside the vehicles when they fell. Two people were rescued and later discharged from the hospital. The U.S. Coast guard has ended its search for the other six workers, who are presumed dead. The bridge collapse has halted the flow of traffic and container ships in and out of Baltimore. It will likely take years to rebuild.

Who Can Sue a Ship’s Owner for Damages?

Multiple parties may file a claim for economic and non-economic damages against the ship’s owner. According to the Associated Press, the deceased construction workers’ families may be able to sue for wrongful death. In Maryland, a deceased person’s spouse, parents, and/or children may bring a wrongful death action. Filing a Maryland wrongful death action may allow a deceased person’s loved ones to recover damages for harm resulting from the victim’s death. A person filing a wrongful death action can recover compensation for the deceased’s lost future earnings, emotional pain and suffering, loss of the deceased’s companionship, or loss of parental care, among other damages. However, when suing a company such as a ship owner, the ship’s insurer may seek to limit its liability by asking the judge to impose a cap on the maximum amount of damages it would pay. In this scenario, the plaintiffs would need to respond quickly to ensure the cap is high enough to adequately compensate for their harm. An experienced personal injury attorney can help you act quickly if an insurance carrier attempts to cap your damages award.

On the other hand, businesses whose bottom line will suffer from the collapse may not be able to recover damages against the ship’s owner. A lawsuit for economic damages involving a cargo ship would likely pose complex questions of maritime law, which tends to bar recovery for pure economic loss. Unless the plaintiff has also suffered physical harm, they likely cannot recover damages solely for economic harm. The only exception is for pollution-related losses such as oil spills, which are different from the Baltimore bridge collapse.

Family Receives Massive $13.5 Million Jury Award in D.C. Fire Truck Crash Lawsuit

March 15, 2024 | Lebowitz & Mzhen

Crashes involving commercial vehicles and large automobiles such as fire trucks or semi-trucks are inherently more dangerous than other types of collisions for a number of reasons.

Why Are Truck Accidents More Serious than Other Collisions?

Trucks, especially very heavy ones such as logging trucks or emergency vehicles result in more serious accidents when they are involved in crashes. Additionally, the conditions that many truck drivers operate under force them to drive extreme distances, resulting in fatigue. Further, large emergency response trucks, such as fire trucks, are often driving at extremely high speeds and operating under different driving rules than ordinary traffic, creating more opportunities for accidents. Finally, commercial trucks are also potentially carrying hazardous cargo, complicating truck crashes and accidents. While many people intuitively understand the greater risks involved in truck accidents, they may not know that according to the statistical analysis organization Policy Advice, truck accidents have increased by 52% since 2009, and 74% of all fatal passenger vehicle accidents include a large truck. A recent article discussed a large jury award following a serious D.C. fire truck crash.

According to the news article, a D.C. jury has awarded more than $13.5 million to the family of a man killed in a 2018 crash involving a speeding D.C. fire truck. The award, to be paid to the widow of DeAngelo Green and his six children, came after a jury found that the District was “grossly negligent” in the March 9, 2018 crash. Green, a maintenance man, was killed when the speeding fire engine, which was responding to an emergency with its lights and sirens activated, sped through a red light at an intersection at Rhode Island Avenue and 12th Street in Northeast D.C., plowing head-on into his car. Two other people, including a pregnant woman walking on the street, were hurt.

Court Rejects Contributory Negligence Theory in Medication Error Case

February 29, 2024 | Lebowitz & Mzhen

When a pharmacy distributes the wrong medication, the patient can suffer severe health complications. A medication mix-up can cause physical injury and psychological harm, and a person may face steep medical bills to treat the complications of the mix-up. As a result, victims of a pharmacy error may seek to hold the pharmacy liable for their harm and recover compensation. However, when bringing a pharmacy malpractice lawsuit, plaintiffs should be aware that a pharmacy can defend itself through the concept of patient responsibility.

What Is Patient Responsibility?

In medication error lawsuits, the defendant can argue that a patient should have recognized the mix-up before taking the medication. For example, a pharmacy may argue that a patient should be able to tell that the color and shape of a medication differ from their previous doses. As a result, a patient’s failure to recognize a medication error may bar a damages award. Maryland is one of the few states that follows a contributory negligence theory of liability. Under contributory negligence, a plaintiff cannot recover any damages if they were partially at fault for their injury. Despite this high standard for recovery, some courts have refused to dismiss cases based on contributory negligence.

When Will Courts Allow Medication Error Lawsuits to Go Forward?

Cause of Dangerous Reese, Maryland Head-On Car Collision Under Investigation

February 20, 2024 | Lebowitz & Mzhen

Alcohol-impaired drivers are a major cause of car accidents throughout the country. Impaired drivers are extremely dangerous on the roads for a whole host of reasons. Drivers impaired by alcohol or other substances suffer from reduced levels of concentration and slower reaction times when processing their surroundings and actions. Additionally, drunk drivers suffer from poor hand-eye coordination and they are more likely to use poor judgment and experience memory loss while under the influence. These factors and other side effects of substance use greatly increase the likelihood of impaired drivers being involved in car accidents. Signs of impaired drivers on the road include but aren’t limited to, quicker than usual acceleration or deceleration, weaving across the road, erratic breaking, slow responses to traffic signals, or excessively slow driving (10 mph below the speed limit). When on the road, you should exercise extreme caution if you spot any of these signs from other drivers. In 2016, Maryland implemented stricter drunk driving laws throughout the state, including harsher penalties and an Ignition Interlock Program.

Does Maryland Have a High Rate of DUIs?

Unfortunately, Maryland sees a high share of alcohol-impaired drivers. Over the last five years, almost 800 people in Maryland have been killed in crashes involving impaired drivers and over 10,000 people per year die throughout the United States in alcohol-impaired crashes. Each year, tens of thousands of people are arrested throughout Maryland for drunk or impaired driving. Maryland currently deploys a specialized team of Maryland State troopers assigned to the State Police Impaired Driving Reduction Effort (SPIDRE) to enforce impaired driving laws. Since 2013, State Troopers in SPIDRE have taken more than 4,000 impaired drivers off of Maryland roads. A recent news report detailed a fatal Maryland car crash.

According to the news report, the accident happened in the evening on Saturday, February 3, 2024, in Reese, Maryland. The head-on collision involved three vehicles and resulted in multiple injuries when the cars collided around 6:27 pm in the evening. The crash occurred on Route 104 at Emory Road, in front of Lady Baltimore Floors. Reese and Community Volunteer Fire Company crews responded quickly to the scene in the westbound lanes of the road. The investigation into the crash is ongoing and police have requested that anyone with additional information contact them to help with the case.