The death of a loved one is always devastating, especially when they died because someone else acted negligently. While everybody must die eventually, nobody deserves to lose their life to a reckless, careless or deliberately injurious person, business or government agency. Not only is wrongful death unjust, it can cause terrible damage to the deceased’s family. If they were a spouse, parent to minors or both, their surviving loved ones could miss the income they earned to help support them. With those earnings suddenly gone, the family could struggle to afford their home and other necessities. Beyond that, the grief and trauma of losing a parent or spouse can be overwhelming and affect you for the rest of your life. Of course, an untimely and preventable death is terrible for everybody who knew and loved the person: their parents, siblings, cousins, friends and coworkers. But Maryland personal injury law has strict rules about who can file a wrongful death lawsuit. Who gets to sue Some states limit standing (the right to sue) to the deceased’s immediate family, such as a spouse, parent or child, or the executor of the deceased’s estate. In Maryland, these people are called “primary beneficiaries.” They get the first right to file a wrongful death claim. If none of them do, or the deceased was not survived by a primary beneficiary, extended family members like siblings, cousins, nephews and nieces, as “secondary beneficiaries,” may then step in to file suit. Deciding when and how to file a wrongful death lawsuit can greatly help or hurt your claim. Your personal injury attorney can advise you on timing, who the named plaintiffs will be and other details.
When you get hurt in a crash while in a rideshare car, who pays?
Rideshare companies like Uber and Lyft provide a safe alternative to drunk driving, drugged driving and drowsy driving. They have surely prevented many potentially catastrophic car accidents in Baltimore and the rest of the country by having a sober and alert person drive instead. However, rideshare drivers are human, and thus occasionally prone to serious mistakes. Some of those mistakes can lead to violent wrecks that put you, as the passenger, at risk of serious injury. If you were driving and got hit by a negligent driver, it would be obvious who was at fault – and who is liable for your injuries. But being a passenger in a car crash can makes things more complicated. The fact that your driver was working for Lyft or Uber at the time makes the issue more complex. So, who should you seek compensation from if you get hurt while using a rideshare service? There may be three (or more) possible parties. The other driver If the driver of the other vehicle caused the accident, such as by running a red light, speeding or texting and driving, they likely are the party liable for the harm you suffered. Your driver Though most Lyft and Uber drivers are responsible and careful behind the wheel, all it can take is one reckless move to leave you in terrible pain and living with profound disabilities. In Maryland, a negligent motorist is as liable for the injuries they cause their passengers as they are for people in other cars. Uber/Lyft A legal concept known as respondeat superior makes an employer responsible for the harm an employee negligently causes while in the course of their work duties. Unfortunately, both Uber and Lyft have won several court victories that back their position that their drivers are independent contractors, not employees. At the same time, both companies provide collision insurance on top of their drivers’ personal policies. Filing a claim under that policy might be worthwhile, depending on how extensive your damages are. You might have more options for full compensation than you realize. You deserve maximum compensation after a major car accident and need to know all possible methods for recovery.
Maryland laws on dog bites and attacks
Dog attacks can be terrifying experiences, leaving physical wounds and deep-seated psychological scars. In Maryland, some laws protect residents from such incidents and hold pet owners accountable for their dogs’ actions. Learn more about the liability and exceptions for dog owners faced with a dog that bites. Liability for dog bites in Maryland Traditionally, Maryland had a “one bite rule” for dog bites, which meant that owners were only held liable if they knew or should have known of their dog’s propensity to bite and did not take reasonable steps to prevent such an incident from occurring. In other words, all dogs got a “free” bite before their owners became responsible for the harm. However, in 2014, Maryland changed this rule to a “strict liability” law. This means that regardless of the owner’s prior knowledge of a dog’s behavior or whether they took reasonable steps to prevent an attack, they are still liable if their dog causes injury by biting someone or another animal. Exceptions Maryland courts would not hold the owner responsible for their dog bites if the victim were committing or attempting to trespass on their property, provoking the animal in any way, or attempting or committing a criminal offense against any person. Additionally, if the victim was a veterinarian, groomer, or handler injured while performing duties related to their profession, the court will not hold the owner liable. Penalties If the court finds the dog owner responsible for the damages caused, they may have to pay for the victim’s medical expenses, current and future lost wages, and other costs related to the incident. In extreme cases, a judge may also decide to order the euthanization of the dog or permanent removal from the county. Understanding Maryland’s dog bite laws is crucial for owners and potential victims. They offer a sense of justice and restitution for those harmed and serve as a reminder for pet owners of the responsibilities they shoulder. The shift from the “one bite rule” to the “strict liability” law is significant, imposing stricter standards on pet owners and strengthening victim protection rights. Nevertheless, the law offers specific exemptions, so understanding the nuances ensures fair application.
People with the right to file a wrongful death claim in Maryland
Unfortunately, many families in Maryland suffer loss because of someone else’s negligence, carelessness or malicious intent. It’s only fitting to get justice and some compensation to take care of expenses such as funeral costs, lost wages and emotional distress through a wrongful death lawsuit. But not everyone affected can file this claim. Individuals who can bring this lawsuit in Maryland Maryland Courts and Judicial Proceedings Sec 3-904(a)(1) grants spouses, children and parents of the deceased the right to file a wrongful death lawsuit. These people are considered primary beneficiaries, and the courts prioritize their claim above anyone else. If the deceased has no spouse, children or parents, then under Section 3-904(b), any person related to them by blood or marriage, who was substantially dependent on the deceased for at least one year before their passing, can file this lawsuit. These people (secondary beneficiaries) include grandparents, siblings, cousins, aunts and uncles. If there are no primary or secondary beneficiaries, there wouldn’t be a wrongful death claim; instead, the deceased’s estate can bring a survival action. This lawsuit can help the estate administrator receive compensation for expenses incurred due to the death, including medical bills and pain and suffering. Time limits for filing this suit Beneficiaries have up to three years from the date the deceased passed away to file a wrongful death lawsuit in Maryland; otherwise, they may lose the right to seek compensation. This is known as the ‘statute of limitations.’ But there are exceptions. If the deceased died from an occupational disease, i.e., an illness caused by long-term exposure to toxic substances, then the three-year window starts from the date of their diagnosis or ten years after the date of death, whichever is sooner. Although a wrongful death lawsuit can’t take away the pain of loss or bring back your loved one, it can help ease the financial burdens associated with their death and give you some closure. It’s important to know who is eligible to bring this lawsuit in Maryland and when they must do so. With proper preparation and knowledge of what to do, this case can go much more smoothly and with a better chance of success.
The elements that constitute a successful slip-and-fall claim
Slip-and-fall accidents are unpredictable and can happen to anyone, often resulting in serious injuries. Maryland victims may be entitled to compensation for medical expenses and other damages. However, to have a successful slip-and-fall claim, certain elements must be present. Dangerous condition The presence of a dangerous condition on the property is necessary for a successful slip-and-fall claim. This can include wet floors, uneven surfaces, loose carpeting, or any other condition that creates a hazard for those on the property. Negligence To have a successful slip-and-fall claim, you must be able to prove that the property owner was negligent in maintaining the property. This means that the property owner knew, or should have known, about the dangerous condition that caused your slip-and-fall accident and failed to take reasonable steps to address it. Causation You must be able to prove that the dangerous condition caused your injuries. This means providing evidence that links the dangerous condition to your slip-and-fall accident and resulting injuries. Damages Finally, to pursue a successful slip-and-fall claim, you must have suffered damages as a result of your injuries. This can include measurable and intangible damages such as medical expenses, lost wages and pain and suffering. Successful slip-and-fall claim When pursuing a slip-and-fall claim, your efforts will be more successful if you can gather witness statements, photographs of the dangerous condition and any medical records or bills related to your injuries. The more solid your case, the closer you will be to securing the necessary compensation to fully recover from your accident.
SUVs are far more likely to kill pedestrians in intersections
Maryland motorists often choose to purchase large SUVs, minivans and pickup trucks because these vehicles have significant ground clearance and offer a commanding view of the road, but a report released by the Insurance Institute for Highway Safety in March 2022 suggests that the view from behind their wheels is not always as clear as it seems. IIHS researchers came to this conclusion after scrutinizing accident reports involving motor vehicles that struck pedestrians in intersections. The data revealed that large vehicles often strike and kill pedestrians when they make left or right turns. Intersection accidents According to the IIHS report, pedestrians are twice as likely to be killed by a large SUV making a left turn than a car making the same maneuver. The odds of being killed by a minivan or pickup truck making a left turn are even higher. The data reveals that minivans are three times more likely to kill pedestrians in left-turn accidents than cars, and pickup trucks kill pedestrians four times as often. When the researchers studied right-turn pedestrian accidents, they discovered that fatalities were 89% higher when pickup trucks were involved and 63% higher when pedestrians were struck by large SUVs. Blind spots It has long been known that pedestrians struck by large and heavy SUVs, minivans and pickup trucks are more likely to suffer serious injuries or lose their lives, but that does not explain why these vehicles are more likely to kill pedestrians while making turns. The IIHS speculate that the problem may lie in the thick A pillars these vehicles tend to have. The A pillars are the struts on each side of the windshield that connect a vehicle’s body with its roof. Large and heavy vehicles need very strong A pillars, and they are sometimes thick enough to completely obscure a pedestrian in a crosswalk during turning maneuvers. The IIHS researchers believe it is these blind spots that are responsible for the higher pedestrian accident fatality rates they observed. Drivers are to blame A pillars protect vehicle occupants in rollover accidents, so they have to be extremely strong. It would be easy to blame auto manufacturers for the high death rates in pedestrian accidents involving large and heavy vehicles, but the fault really lies with the people who drive their vehicles. Motorists are expected to remain alert and vigilant at all times, and this is particularly true when they are behind the wheels of vehicles that pose a great danger to pedestrians.
Were you injured by a reckless driver?
Maryland drivers aren’t strangers to difficult driving situations. Being so close to the nation’s capital, it’s not uncommon to see drivers from all around the country who are just trying to get familiar with the new roads. However, being unfamiliar with an area doesn’t excuse reckless driving. Drivers who have a blatant disregard for traffic laws create a huge danger for other drivers on the road, with devastating consequences for all involved. Recognizing reckless driving There are a lot of behaviors that could be considered reckless driving, depending on who you ask. Generally, reckless driving can be any behavior that puts others in immediate danger, such as: Speeding Tailgating and weaving through traffic Swerving or lane splitting It can be easy to spot a car that’s going 20 miles over the speed limit. But many other factors go into determining whether a driver’s behavior was reckless or not. For example, driving just five miles over the speed limit isn’t normally considered reckless. But if the roads are slick or covered in ice, that could be considered reckless. Distracted or impaired drivers A lot of times, drivers may not even realize their behavior is reckless. This could be because they’re distracted by other drivers in the car or their mobile devices. Other times, it might be because they’re drunk or otherwise impaired. Being distracted or under the influence isn’t an excuse – and in fact, can get careless drivers in even more legal trouble. Impact of reckless drivers In addition to the financial damage that comes with getting into an accident due to reckless driving, there’s also the emotional and physical impact. Many drivers have a brief period of being scared to drive again, and even more drivers and passengers will sustain serious injuries. These injuries can range from mild to severe. At worst, there could be severe head and spinal cord injuries that could leave the victim with permanent injuries. Oftentimes, these victims’ lives are ruined through no fault of their own. That’s why there are such serious legal punishments for drivers who cause accidents due to their reckless driving.