DC Injury Lawyer Blog

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.

Fatal Maryland Accident Leaves Two People Dead

Published on: September 22, 2023 | by Sidney Schupak, Esq.

According to the Institute for Highway Safety, a total of 42,939 people died in motor vehicle crashes in 2021. Fatal accidents may involve anywhere from a single vehicle to multiple vehicles caught in a chain-reaction crash. When a person loses a loved one in a car accident, they may decide to hold the responsible driver accountable for the deep emotional and financial harm resulting from the crash. In the event of a fatal accident, a Maryland personal injury attorney can help you understand your options and pursue the compensation you need and deserve.

As a news article recently reported, two people died and three others suffered injuries following a six-vehicle crash in Maryland. The accident occurred on I-81 when the driver of a Chevrolet Tahoe hit struck the rear of a tractor-trailer that had begun to brake. The crash then caused three other tractor-trailers and a pickup truck to collide. When emergency responders arrived at the scene, they found five people trapped in their vehicles. The Chevrolet driver and a passenger both sadly died from their injuries. Two other passengers in the Chevrolet and one tractor-trailer driver were transported to the hospital for their injuries.

Can You Sue an Employer for Their Driver’s Negligence?

If a tractor-trailer driver’s negligence led to a fatal accident, you may be able to sue the driver’s employer under a theory of vicarious liability. To hold an employer vicariously liable for an employee’s actions, a Maryland plaintiff must prove that the employee was working to further the employer’s business at the time of the accident. Plaintiffs must also show that the employee was working in their designated workspace, such as a planned travel route, and within their designated shift, such as completing a delivery at a certain time. If a plaintiff meets these requirements, they have shown that the employee acted within the scope of their employment during the accident, which is key to showing vicarious liability.

Types of Damages Awards in a Maryland Wrongful Death Lawsuit

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

When a driver is careless or distracted, they place everyone else on the road at risk of a fatal accident. When a person dies in an accident with a careless driver, that driver hurts not only the deceased victim but also the deceased’s surviving loved ones. If you have lost a loved one in a fatal Maryland accident, you may wish to pursue damages against the responsible driver. Even though a lawsuit may be the last thing on your mind, doing so may help you recover from the financial burden you may be feeling in the wake of your loved one’s death.

A recent news article highlighted the ways in which negligently operating a motor vehicle can lead to a fatal accident. As the article reported, a fatal accident in Montgomery County, Maryland left one woman dead and nine people injured. The accident occurred on Maryland’s Capital Beltway after an SUV traveled southbound in the northbound lanes of I-270. As the SUV drove the wrong way, it crashed into a Lexus and a Nissan Pathfinder. Five people in the Lexus suffered injuries and received treatment at a nearby hospital. The Nissan driver was also transported to a hospital, but she sadly died from her injuries. Four passengers in the Nissan also suffered injuries. After the crash, police arrested and charged the alleged wrong-way driver.

What Damages Can You Recover in a Fatal Maryland Accident?

When a person dies in an accident, their surviving loved ones may seek to recover compensation through a wrongful death lawsuit against the responsible driver. In a Maryland wrongful death suit, the deceased’s loved ones can seek economic and non-economic damages. Economic damages allow a deceased victim’s loved ones to recover financial costs associated with the victim’s death, such as hospital and funeral expenses. They can also recover the deceased’s lost future earnings from which they would have otherwise benefitted.

Options for Recovery After Maryland Fatal Passing Accident

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

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.

Bringing a Lawsuit After Losing a Loved One in a Fatal Maryland Car Accident

Published on: June 30, 2023 | by Sidney Schupak, Esq.

Too often, car accidents can have devastating consequences for accident victims and their loved ones. If you have lost a loved one in a fatal accident, you may be unsure of what to do next. While nothing will bring your loved one back, it may be helpful to understand your options for bringing a claim against the responsible driver. Doing so may help you obtain compensation for the economic and personal losses you have suffered after a fatal accident.

As a recent news article tragically reported, a woman lost her life after a serious car accident in Mechanicsville, Maryland. According to a preliminary investigation, the accident occurred when a Corvette traveling southbound struck the rear driver side of a Toyota 4Runner. The Corvette driver then hit a Toyota Camry. All three vehicles ran into a berm, causing the Corvette and Camry to roll over and the 4Runner to cross into the northbound lane. Sadly, the Camry driver died at the scene. The Corvette driver was transported to the hospital for his injuries. Police believe that excessive speeding may have contributed to the crash.

Can You Sue a Driver for a Loved One’s Death in Maryland?

Maryland allows a deceased victim’s loved ones to bring a wrongful death lawsuit against the party responsible for the victim’s death. Under Maryland law, the deceased’s relatives can file a wrongful death lawsuit, including their spouse, parents, or children. If the deceased does not have any surviving relatives in these categories, other relatives by blood or marriage may bring a claim if they relied on the deceased financially. Wrongful death lawsuits ensure that a negligent party does not escape responsibility for their actions solely because the victim has died. Consequently, a person can bring a wrongful death suit against a defendant so long as the deceased could have brought a claim had they survived the accident. Anyone bringing a wrongful death lawsuit thus has to prove the same elements of a negligence lawsuit as if the deceased directly sued the defendant. Specifically, plaintiffs must prove the defendant owed the deceased a duty of care, breached that duty through their negligent action or failure to act, caused the fatal accident, and that the deceased passed away as a result.

Types of Damages in Maryland Car Accident Lawsuits Involving Speeding Drivers

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

Drivers who travel at excessive speeds place other drivers at risk of a serious accident. Driving at high speeds can cause drivers to lose control of their vehicles. As a result, speeding drivers may collide with other vehicles or veer off the road entirely. In addition, bobbing in and out of lanes while speeding makes it harder for other drivers to maintain a safe following distance, potentially leading to a crash.

For example, a recent speeding accident killed six people in Baltimore, Maryland. The accident occurred when a driver was speeding on the highway and collided with another vehicle while attempting to change lanes. The collision caused her car to go through a construction barrier by the shoulder of the highway, striking several workers at the site. Tragically, six construction workers died at the scene. According to a second article on the crash, investigators confirmed that speed was a factor in the fatal accident.

What Damages Are Available After a Maryland Speeding Accident?

After suffering injuries from a Maryland speeding accident, you may choose to bring a negligence lawsuit to recover several types of damages. In negligence suits, the most common type of damages award is compensatory. The intent of compensatory damages is to place the victim in the same position as if the accident had never happened. In Maryland, plaintiffs can seek several forms of compensatory damages. First, they can seek economic damages, which compensate the plaintiff for expenses with a clear dollar amount. For example, economic damages can include the cost of medical treatment or lost wages. Plaintiffs may also be able to sue for lost future earnings if they can prove their injuries harmed their earning potential. Finally, plaintiffs can seek economic damages for harm to their property resulting from the accident, such as a car.

Pursuing Damages After Maryland Nursing Home Medication Error

Published on: April 30, 2023 | by Sidney Schupak, Esq.

A recent news report led the D.C. Department of Health to investigate a Washington, D.C. nursing home for severe neglect of a resident. The resident’s family checked her into the Capitol City Rehab nursing home to recover from a trip to the hospital. Instead, the nursing home allegedly made her condition much worse. The nursing home staff accidentally gave her medication intended for another resident, which listed the other resident’s name on it. As it turned out, this resident was severely allergic to the medication. She was rushed to the hospital, where doctors had to place her in a medically induced coma for over a week to survive.

In response, the nursing home sent the family a letter apologizing for the “inconvenience.” After learning of this story, a news outlet read federal inspection reports on the nursing home, reporting multiple occasions of previous medication errors. In other instances, the nursing home simply failed to give residents their prescribed medication at all. The nursing home also failed to report this most recent incident to the health department in potential violation of D.C. law. The news outlet took its story to D.C.’s Long-Term Care Ombudsman, leading the D.C. Department of Health to investigate the nursing home. The investigation remains ongoing.

What Action Can You Take After Nursing Home Neglect?

If a medication error or other failure in care causes harm to your loved one, you may be able to bring a negligence lawsuit against the nursing home to recover monetary damages. A plaintiff who prevails on a negligence lawsuit often receives compensatory damages. This type of damages award is meant to put the injured person in the same position as if they had never experienced the adverse event. Compensatory damages often cover expenses flowing from the accident, such as medical bills, lost wages, or funeral expenses. On rare occasions, a court may also impose punitive damages, which are meant to punish the responsible party for intentional wrongdoing.

Recovering Damages After a D.C. Car Accident

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

Too often, car accidents result in severe injury, property damage, or both. In a busy city like Washington, D.C., heavy traffic can lead to vehicle collisions and other crashes on the road. However, recovering damages after a car accident in D.C. can be complicated. A D.C. personal injury attorney can walk you through the complex D.C. laws that govern negligence suits.

As a recent news article reported, a D.C. car accident near the National Zoo injured seven people. The accident occurred when four vehicles collided, shutting down Connecticut Avenue NW. The collision left several people trapped in their vehicles. Seven people were transported to the hospital, three of whom suffered life-threatening injuries. Police are still investigating the cause of the accident.

How Can You Recover Damages After a D.C. Car Accident?

If you suffered injuries after a D.C. car accident, you may be able to recover monetary damages by bringing a negligence lawsuit. To prevail on a negligence claim, an injured plaintiff must prove the defendant owed them a duty of care, breached that duty through their negligent action or failure to act, caused the accident through the defendant’s negligence and that the plaintiff suffered injuries as a consequence. Under D.C. law, plaintiffs can recover damages to compensate for expenses related to their injuries, such as medical bills. In some cases, they can also recover damages related to emotional pain and suffering. Finally, a plaintiff’s spouse can claim damages related to the loss of the plaintiff’s companionship. This type of damages claim is referred to as loss of consortium.