Maryland Law Blog

On Sunday, July 5, 2010, a 24-year-old man driving a moped was killed in a collision with a pick-up truck, according to The Washington Post. The 45-year-old woman driving the pick-up truck was not injured. The moped driver had been traveling east on Tamar Drive while the pick-up truck driver was turning left from the westbound lane. Howard County police are still investigating the crash.

The National Highway Traffic Safety Administration estimates that there were 33,963 fatalities caused by motor vehicle accidents in 2009. Although this estimate carries an 8.9% decrease from 2008 estimates, motor vehicle accidents are still a leading cause of death for Americans under the age of 35.

What many do not realize is that surviving family members may file wrongful death claims against negligent parties. The four elements required for a person to file a wrongful death claim are as follows:

1. A person must have died
2. Negligence or intent caused the person’s death
3. The death has negatively impacted surviving family
4. There is a representative for the decedent’s estate

If these circumstances are met, then the family of the deceased may file a Maryland wrongful death claim. If it is determined that the claim is valid, the victim's family, could receive compensation from negligent parties – this aspect varies, depending on the details of each case.

Filing wrongful death claims in Maryland can be complicated and devastating for family members who are still heavy with grief over their loss. The experienced Bethesda wrongful death attorneys at Meng & Alpert, LLC have the skill, compassion and sensitivity required to handle your case. Call our knowledgeable lawyers today for a free consultation at 866-444-6363.

On Tuesday, July 13, 2010, a 16-year-old girl from Leonardtown was killed in a Maryland car accident. According to MyFoxDC.com, she had been driving southbound on Point Lookout Road near St. Andrew’s Church Road when another vehicle struck the rear of her car, causing the victim’s vehicle to spin out into the northbound lane of traffic where it was struck a second time.

An ambulance arrived at the scene and took the teenager to St. Mary’s Hospital for serious injuries before her ultimate death. Officials indicated that driver speed and alcohol did not contribute to the accident. No other news has been released at this time regarding the incident.

Motor vehicle accidents are among the leading causes of death for people under the age of 35. Driver negligence is a primary cause for accidents. The law entitles a victim’s family to seek compensation for personal injury and wrongful death that has occurred as a result of negligence, recklessness or intentional acts.

If someone you love has been killed in a Maryland car accident, you may be able to seek compensation for any financial losses incurred from the accident. The most common types of financial compensation from wrongful death lawsuits are as follows:

• Medical expenses
• Funeral costs
• Loss of prospective inheritance
• Loss of support or services given by the deceased

The experienced Bethesda personal injury attorneys at Meng & Alpert, LLC are adept at handling wrongful death claims with skill and sensitivity. Call our dedicated and aggressive lawyers today at 866-444-6363 for a free and comprehensive evaluation of your case.

The Maryland Court of Appeals will soon decide whether or not a general liability cap placed on the monetary damages awarded to the family of a young boy violates their equal protection principles. The case before the high court stems from the 2006 drowning death of a 5-year-old boy in a country club swimming pool. A Maryland jury awarded the boy's family $4 in the wrongful death case; however, the trial judge reduced the amount to approximately $1 million citing Maryland's non-economic damages cap in general personal injury cases.

According to American Medical News, the family had appealed the decision, but judges referred to a precedent finding that caps served a government purpose in continuing to ensure insurance is affordable and available. Representatives from the Maryland State Medical Society want to see the precedent stand. They believe that overturning the cap would not only go against decades of Maryland law, but it could also disrupt the medical liability law that helps keep doctors in practice.

Gene M. Ransom III, CEO of MedChi, the Maryland State Medical Society, said, "The concern is, if [the high court] rules that caps are unconstitutional in this action, the next one down the road could be a medical malpractice case to go after the constitutionality of that cap.”

Maryland personal injury lawsuits, wrongful death or other, can be a lengthy, painful process. It can be difficult to decipher how much compensation you're entitled to receive and who's on your side. If you've been a victim of wrongful death, the experienced Maryland injury lawyers at Meng & Alpert, LLC will be on your side. We can help you understand your rights and will handle your case with sensitivity and efficiency. Call our experienced attorneys today at 866-444-6363 for a free consultation.

On February 26, 2010 at approximately 11:20 p.m., a semi traveling along I-95 struck a husband and wife standing on the side of the interstate. According to a Baltimore Sun article, the couple had been traveling in separate vehicles along the highway when they pulled over and exited along the side of the highway. Investigators are unclear as to why the couple pulled over.

Based on the article, the 38-year-old husband, driving a Dodge Charger, exited his vehicle and reportedly went to meet his 39-year-old wife who was standing outside of her Dodge Durango along the northbound lanes of I-95 in Harford County. State police report that a tractor-trailer drove by and struck the couple while they stood together on the side of the roadway.

Although Emergency Medical teams rushed to aid the injured couple, the husband’s injuries were too severe. He was pronounced dead at the scene. The wife was transported to Maryland Shock Trauma Center and was in critical condition. Police shut down the northbound lanes until early the following morning to investigate the cause of the truck crash in Maryland.

Continue reading "Semi Kills Husband, Seriously Injures Wife" »

On Sunday March 14, 2010, a 68-year-old woman died after sustaining serious injuries from a two-car accident on Route 15 in Frederick County, Maryland. Maryland State Police indicated that a pickup truck did not stop at the Mountville Road traffic light and rear-ended a Dodge Caravan. According to an article posted on Your4State.com, both drivers and the five passengers in the van were injured. The 68-year-old woman was initially brought to Washington County Hospital and then airlifted to Shock Trauma. She died later that day in the hospital. Charges are currently pending against the pickup truck driver, a 31 year-old man from Virginia.

By law, drivers are responsible for any injuries or accidents that occur as a result of their own negligence. Not abiding traffic laws, such as running a red light, often falls under this category. Personal injury claims in Maryland as well as wrongful-death lawsuits may ensue. Automobile accidents are the leading killer for Americans of all ages. Survivors of accidents may have serious, life-long injuries and sustain emotional trauma.

Continue reading "68-Year-Old Woman Dies in Two-Car Crash" »

According to a Baltimore Sun article, on August 4, 2009, a 67-year-old man was traveling south by bicycle along Baltimore’s Maryland Avenue when he became entangled in the rear wheels of a truck. The man was run over and killed as the vehicle turned right on Lafayette Avenue in the Charles North neighborhood. The driver of the fully loaded fuel tanker failed to stop, although investigators do not believe the driver was aware of the accident. The cyclist died at the scene.

The civil suit, filed March 3, 2010 on behalf of the victim’s family, alleges negligence on the part of the driver and his employer, a local demolition, excavation and equipment rental company. The wrongful-death lawsuit seeks compensatory damages of $5 million.

The victim’s attorney claims that the driver is to blame due to surveillance video that shows the driver failing to signal as he makes the right turn. He also contends that the driver failed to make sure the area was clear and free of cyclists and pedestrians before turning right.

Continue reading "Family of Deceased Bicyclist Files $5 Million Lawsuit" »

A 41-year-old homeless man was struck and killed by a train in Ellicott City, Maryland on February 4, 2010. Based on a news article from explorehoward.com, Howard County Police were called to the scene after the train engineer reported striking someone laying on the tracks. According to reports, the engineer saw the unknown object on the tracks, but was unable to stop the train in time to avoid collision. The train accident in Ellicott City occurred about a half-mile from the end of Maryland Ave. The man was declared dead at the scene when police arrived.

Police do not suspect foul play in this train collision. Detectives found alcohol in the man’s backpack, and reported an odor of alcohol on him. The man may have been sleeping or passed out on the tracks when he was struck. However the accident is still under investigation.

Continue reading "Homeless Man Killed in Ellicott City Train Accident" »

A recent examiner.com article reported that two veteran workers on the Washington area’s transit system were killed in Rockville, MD on January 26, 2010 after being crushed by a maintenance truck. Apparently, the automatic train technicians, ages 49 and 68, were installing new train control safety equipment in the track bed when a high rail truck struck them. The track was supposed to have been closed for the evening. However, the special vehicle that hit the two men is capable of operating on the track even when electricity is off, thus explaining its presence during the maintenance work.

With this latest fatal Metro incident, the public is reminded of how deadly a work environment Metro has been for U.S. transit rail workers over the past five years. A National Transportation Safety Board investigator said that the rail truck in this incident was in reverse, which is not uncommon. The Chairman of the Metro board of directors stated that this tragic accident was the direct result of human error.

Based on the story, the Federal Transit Administration has determined that 8 of 13 deceased rail transit workers have been killed in and around Washington-area system tracks since 2005. These numbers do not include the death of a train driver and eight passengers in a collision last June, which is considered the worst accident in Metro’s 33-year history.

Continue reading "Maryland Train Track Incident Kills 2 Workers" »

An article from wtop.com reported on June 20, 2009 that a 17-year-old Flintstone boy was killed in an all-terrain vehicle (ATV) accident in Allegany County. Apparently, in an effort to avoid hitting a wire fence while traveling on a private farmland dirt trail, the teen lost control of the ATV and crashed. An 18-year-old passenger on the ATV suffered injuries. It is not known at this time whether the teens were wearing helmets at the time of the incident or if any obstructions played a factor in causing the accident.

The National Highway Traffic Safety Administration advocates teen driver safety, as do all parents, teachers, neighbors and friends alike. According to the NHTSA website, vehicle crashes are the leading cause of teen deaths in America. Teens are involved in three times as many fatal crashes as all other drivers. This staggering amount of young adults killed due to auto accidents of all kinds, including ATV accidents, motorcycle accidents, car accidents, and pedestrian accidents, are mostly attributed to lack of experience on highways and roads.

Aside from the potential of accidents to occur caused by teen speeding, drunk driving, distractions like loud music or cell phone use, or not wearing seatbelts, in a lot of cases, a teen’s death in an auto accident is caused by the negligence of another driver. In instances where a teen survives an accident, a tough road can definitely lie ahead, with catastrophic brain, spine, and limb injuries being a possible result of any accident, negatively influencing a teen’s future in ways that were previously unimaginable.

If your son or daughter has been killed or injured in an auto accident in Maryland, you deserve to get important questions answered by an experienced Maryland auto accident attorney. Although no monetary amount can ever replace a life or change the fact that a serious injury has been inflicted, an auto accident or personal injury claim can help your family gain financial stability while having to deal with steep bills from hospital stays, treatment, or physical therapy. Compensation may also assist with the cost of funeral expenses, and even pain and suffering.

Continue reading "Maryland ATV Accident Kills 17 Year Old" »

In the days following the tragic Washington area train accident as investigation into the cause of the accident is unfolding, more information has been revealed; however, much more is still needed. We now know that the train responsible for hitting the other train was operating in automatic mode controlled mainly by computer. But many questions still remain at this time including what caused the computerized system to fail and why the approaching train didn't stop even though the emergency brake activation button was found pushed down. According to an article, an investigator with the National Transportation Safety Board, Debbie Hersman, said that it remains unclear whether the emergency brake was actually engaged or not.

No train accident has resulted in so many deaths and injuries in Metrorail’s 33 years of operation. Nine lives were lost and over seventy passengers suffered serious injuries due to the collision. Metro General Manager John Catoe said that all signs of the investigation show that the operator, 42 year old Jeanice McMillan of Springfield, Virginia did everything possible in her control to prevent the collision. "There is no evidence whatsoever that this driver has done anything to cause this accident," Catoe said Tuesday. A memorial service for McMillan, who was killed in the accident, is scheduled to take place on June 26, 2009.

Continue reading "D.C. Area Train Accident Investigation Unfolds" »

Time is of the essence for National Transportation Safety Board (NTSB) members as they work tirelessly to preserve as much evidence as possible in order to determine the cause of Monday’s fatal D.C. Metro train accident. At approximately 5 pm, two Red Line six-car trains were apparently on the same track when train 112 crashed into train 214, according to an account. The accident is the deadliest in Metro history and has brought tragedy to the families of the nine people who were killed; a loss that no one should ever have to endure and our condolences certainly go out to them.

The NTSB will be examining multiple factors that could have been the cause of this accident, one of which relates to the Metro’s 1000 series cars – the most aged cars in the system and the type that struck train 214 as it stood still. Aside from the car itself, the investigation will also include looking at the Metro’s train equipment, maintenance, functionality of the fail-safe computerized system that controls speed and braking, signal system, tracks, cell phone and texting records, and whether the striking train’s brakes were applied.

Previously, the NTSB recommended back in 2006 that Metro should upgrade their older cars with data recorders. Train 214 included the more recent 5000 and 3000 series cars, which had nine data recorders. Jim Graham, Metro Board Chairmand and D.C. Councilman, said that the transit agency is “aggressively seeking” to replace all of Metro’s 1000 series cars.

Continue reading "NTSB Investigates Fatal Metro Train Collision" »

It has now been reported that at least nine people have been killed in Monday’s tragic and fatal Washington D.C. Metro train crash. The collision occurred during rush hour on June 22, 2009 and has sent waves of shock and emotion throughout the nation. Such a catastrophic accident has never been seen in the history of the Metro’s thirty-three year transportation service. At this time, 76 passengers are reported to have experienced personal injuries including two in serious condition.

Jeanice McMillan, 42, the operator of the train, was among those killed in the D.C. train crash. Metro spokeswoman, Candace Smith stated that of the nine confirmed dead, two victims were men and seven were women.

According to an article, the general manager of the Washington Metropolitan Area Transit Authority (Metro), John Catoe, stated, “There is unbelievable destruction and damage…what I saw was far worse than anything you can imagine.” Apparently, the two trains were on route to the Fort Totten station during rush hour when one was stopped on the track and was struck in the rear by the second train. As a result of the crash, the second train crushed to about one third of its original size, according to Adrian Fenty, the Mayor of Washington. It is still unknown whether the deceased passengers were on the train that was stationary or the train that was mobile.

Although the train’s speed at the time of the collision remains a large part of the investigation still to be determined, Metro trains are capable of going fifty five to fifty nine miles per hour due to a longer distance in between stops at the D.C. and Maryland border.

Considering that the last wrongful death accident on this rail system was in 1982, this accident is sure to receive a thorough investigation.

Those seeking information pertaining to family members on the train, are asked to call 311 inside of the District of Columbia and 202-737-4404 outside of DC. We are saddened by this tragic accident and our hearts go out to the injured victims and the families of those who have died. We will keep our readers posted as more information on an investigation is revealed.

A fatal Washington D.C. metro train crash has left at least six dead and as many as seventy-six others injured. The accident, which occurred on Monday, June 22, 2009 just after rush hour, has left residents of the Washington D.C. metropolitan area shocked and saddened. According to one report, Metro spokeswoman Kath Asata said that a six-car Red Line train collided with another Metro train north of downtown Washington D.C. between Fort Totten and Takoma Park, Maryland and then derailed.

Mayor Adrian Fenty is calling this catastrophe the “deadliest crash in the history of the Washington Metropolitan Area Transit Authority.” The crash occurred just before 5 pm during rush-hour. It has been reported that 76 passengers were taken to area hospitals to treat their personal injuries, including two in critical condition.

Although the cause of this accident is not yet known, train accidents occur for a number of reasons that can include faulty tracks, equipment defects, human error, signal problems and other factors. The National Transportation Safety Board will conduct an investigation into the Metro accident, but at this time it is considered an “accidental collision.”

Our thoughts and prayers are with the injured passengers, their families, and the families of those who have lost loved ones in this horrible accident. We wish everyone a speedy recovery and hope that the cause of this Metro crash is determined in short order. Those seeking information pertaining to family members on the train, are asked to call 311 inside of the District of Columbia and 202-737-4404 outside of DC.

According to a WBOC.com article, a highway flagger was struck and killed on the morning of May 4, 2009 by a motorist in Marion Station, Maryland. Tammy Hammond, a flagger with Barrett Flagging Company, was struck on Route 413 by a vehicle being operated by 74-year-old Doris McDorman, a resident of Crisfield, Maryland.

At the time of the pedestrian accident in Maryland, Hammond was standing on the shoulder of the road and was within a work zone. Although an ambulance transported Hammond to a local hospital, she died from her injuries. Our thoughts go out to her family and friends as they deal with the loss of her companionship.

When a Maryland car accident claims a human life, the family and friends left behind face the daunting task of reassembling their lives. Settling the affairs of the deceased consumes large amounts of physical and emotional energy. The time required to grieve and adjust to the altered fabric of life puts additional strain on relationships as well. All of these aspects of the aftermath of a car accident are part of the costs of an auto accident.

Meng & Alpert, LLC, have over 30 years of experience representing those injured in car accidents. We have also successfully represented the interests of those whose loved ones were killed or injured in an auto accident. If you have any questions about car accidents involving pedestrian deaths or injuries, please contact the skilled Maryland personal injury attorneys of Meng & Alpert, LLC, at 866-444-6363 to speak with one of our knowledgeable lawyers.

The Baltimore Sun reports in a story that a rear-end collision sparked a chain reaction automobile crash in Maryland that resulted in a fire and fatality in Anne Arundel County.

On March 4, 2009, a rear-end car collision on East Ordnance Road in Glen Burnie sent one of the vehicles across the center lines of the roadway and into the path of a garbage truck headed the opposite direction. After impact, the car and garbage truck burst into flames. The driver of the car, 33-year-old Christine Schoppert, died of injuries sustained in the truck accident in Maryland.

Lavelas Luckey, a Coast Guard officer who was on his way to work, rescued the driver’s 5-year-old daughter from the burning wreckage of the vehicles. As of this writing, she is undergoing treatment at John’s Hopkins Pediatric Trauma Center for “life-threatening injuries,” according to the Sun story.

This tragic sequence of events, set in motion by a rear-end auto accident, is a very common collision on Maryland’s highways. This case illustrates the momentous and unforeseen consequences that can arise due to a moment’s distraction or loss of control while behind the wheel.

Continue reading "Anne Arundel Car Accident Kills Woman " »