Maryland Accident Law Blog

Maryland Court Rejects Accident Victims Claims That the Insurance Company Was Unfair in Settlement Negotiations

January 31, 2025 | Lebowitz & Mzhen

When an injury claim settles, most people assume the case is closed. However, what happens if critical information is withheld during negotiations? A recent Maryland case sheds light on this issue. In the case, Edward Sniadach v. Two Farms, two individuals who suffered slip-and-fall injuries and later accused an insurance company and its claims administrator of fraudulently inducing them into accepting lower settlements. This case raises important questions about fair dealing in settlement negotiations and highlights the importance of having an experienced Prince George’s County personal injury lawyer on your side.

The Accident and the Initial Claims

Both individuals were injured in separate slip-and-fall accidents on the property of a business. Like many premises liability claims, they sought compensation for their injuries through the business’s insurance provider. The company’s insurance carrier, Zurich America Insurance Co., handled the claims, while Gallagher Bassett Services, Inc. acted as the claims administrator.

A key issue in these claims involved Medical Payments (Med-Pay) coverage, a type of insurance that pays medical bills for injuries occurring on insured property, regardless of fault. One claimant actively asked about Med-Pay multiple times before settling, while the other settled before even learning of its availability.

One claimant settled for $16,385, with $6,385 explicitly marked as Med-Pay funds. The other claimant settled for $15,000 without being informed about Med-Pay coverage. He later learned—after signing the release—that Med-Pay was available.

The plaintiffs later alleged that the insurance companies had deliberately withheld information about Med-Pay to push them toward lower settlements.

Edwards v. Labbe: An Example of Maryland’s Contributory Negligence Law

December 22, 2024 | Lebowitz & Mzhen

When a car accident leads to a lawsuit, determining who is at fault can quickly become a complex legal matter. In Edwards v. Labbe, a recent Maryland car accident case, the court sheds light on how negligence and contributory negligence are evaluated when both sides tell different stories about what happened. This case offers important lessons for anyone hurt in an accident, especially in Maryland, where strict rules on fault can make recovering damages challenging.

The Facts of the Accident

The accident happened at a busy intersection and involved two vehicles. The person bringing the case (the plaintiff) claimed they were driving cautiously and had the right-of-way when the defendant, allegedly speeding and failing to yield, caused the collision. On the other hand, the defendant admitted that they were negligent, but also argued that the plaintiff had entered the intersection unsafely, making them at least partially responsible for what happened.

Some of the most important details considered by the court included:

Witness Statements: Witnesses also provided conflicting testimony, with some supporting the plaintiff’s account and others siding with the defendant. These differing accounts highlighted the challenge of determining what really happened.
Traffic Signals: Evidence about whether the plaintiff or the defendant obeyed the traffic signals became a central issue.
Vehicle Damage: The extent and location of damage on both vehicles offered clues about how the collision occurred.

Any evidence that the plaintiff might have been at fault must be taken very seriously, because in Maryland, even a small amount of fault on the plaintiff’s part can prevent them from recovering any damages.

White v. James: How a Maryland Court Handled a Recent “Hit-and-Run Accident”

November 30, 2024 | Lebowitz & Mzhen

A recent Maryland appellate court case, White v. James, highlights important legal issues that can arise in car accident cases, particularly concerning the admissibility of evidence. The appellate court was tasked with reviewing three central claims raised by Mr. White, the appellant, challenging the lower court’s handling of evidence and jury instructions. The case sheds light on how courts handle post-accident conduct, potential prejudices, and procedural preservation of objections, which are critical issues in personal injury litigation.

The Facts

The incident occurred in the early morning hours of August 25, 2019, on the Baltimore Washington Parkway. Mr. White’s vehicle collided with Ms. James’s car, causing her to lose control and veer into a ditch. After the collision, Mr. White briefly exited his vehicle before leaving the scene without offering assistance or identifying himself. Ms. James waited approximately 30 minutes before emergency responders arrived.

Fatal Multi-Vehicle Accident in Washington County Emphasizes the Importance of Safe Driving on Maryland Roads

October 31, 2024 | Lebowitz & Mzhen

A recent five-vehicle accident on Interstate 70 in Washington County claimed the life of one person and left several others injured. The accident occurred when a tractor-trailer failed to slow down in heavy traffic, causing a deadly chain reaction. While this incident highlights the devastating impact that negligence behind the wheel can have, it also brings attention to Maryland’s laws designed to prevent such tragedies and protect victims.

When accidents like these occur, Maryland’s legal system allows victims and their families to seek justice and compensation for the harm caused. In cases where negligence or recklessness plays a role, legal claims can help hold the responsible parties accountable and ensure that victims receive the support they need during a difficult time.

Maryland’s Legal Framework for Vehicular Manslaughter and Negligent Driving

Baltimore County PD Join Amtrak Police following Fatal Rosedale Train-ATV Crash

October 30, 2024 | Lebowitz & Mzhen

Mass transit can provide a net benefit to the commuting public as well as the municipalities which support these transportation systems. The economic and health benefits to local communities are well documented, and the use of city buses and light rail lines both contribute significantly to an overall reduction in travel hours logged by commuters. An important benefit is a large reduction in roadway congestion, which ultimately translates into fewer traffic accidents, injuries and deaths.

The trend over the past couple of decades, has seen a large increase in the mass transit ridership among 16- to 34-year-olds. In fact, most students and younger workers actually prefer walkable communities over sprawling metropolitan regions; they are seeking to live within walking distance of retail shops, restaurants, grocery stores and the like versus needing to drive longer distances like their parents have in the past. On the whole, mass transit provides a safe, convenient and economical alternative to traveling by car; but as with many things in life, there are risks associated with public transport.

The freedom and mobility provided by public transit is compelling; however, if something goes wrong, many more people can be affected. Equipment trouble, power failures and weather emergencies can put a damper on the convenience of subway or light-rail travel. Sometimes, the unanticipated action of a single individual can upset the lives and livelihoods of dozens or hundreds of people. Train-related accidents can also result in serious injury or death, as well.

Incident at Southern Maryland Blue Crabs Stadium: Bouncy House Accident Leaves Children Injured

August 31, 2024 | Lebowitz & Mzhen

Bouncy houses and other inflatable rentals are popular event attractions for children. However, these inflatables can become hazardous if not properly secured or monitored. Accidents involving bouncy houses can lead to severe injuries, including broken bones, concussions, and, in some cases, life-threatening conditions. If your child has been injured in a bouncy house or other inflatable accident, a Maryland accident attorney can help you learn about your rights and remedies.

Bouncy House Accident at Southern Maryland Blue Crabs Stadium

A serious accident took place at the Southern Maryland Blue Crabs stadium, where a bouncy house was unexpectedly lifted and flipped by a strong gust of wind, resulting in several children being thrown about 15 feet to the ground. Emergency responders quickly arrived on the scene, and due to the critical nature of some injuries, two children were airlifted to Children’s National Hospital. Other children involved in the accident received immediate care from on-site EMS personnel.

Tragic Multi-Vehicle Accident in Prince George’s County Claims Three Lives

July 30, 2024 | Lebowitz & Mzhen

A tragic accident occurred earlier this month in Prince George’s County, leading to the death of three individuals. The Maryland State Police are investigating this devastating multi-vehicle crash, which involved a high-speed lane change that resulted in a collision between three cars. Authorities suspect that alcohol may have been a contributing factor. This heartbreaking event underscores the complexities and dangers of multi-vehicle accidents under Maryland law.

Understanding Multi-Vehicle Accidents in Maryland

Multi-vehicle accidents, often termed “pile-ups,” involve more than two vehicles and can result in severe injuries and fatalities. These accidents can happen in various ways, such as chain reactions from a single collision or simultaneous impacts involving multiple cars. Maryland law considers several factors in determining fault and liability in such cases, including speed, road conditions, and driver impairment.

Maryland Lawmakers Make It Harder for Recreational Facilities to Avoid Liability for Their Own Negligence

June 23, 2024 | Lebowitz & Mzhen

On May 16, 2024, Governor Wes Moore signed a new law in Maryland that prohibits waivers of liability for negligence in recreational facilities. This law has major implications for anyone participating in activities at recreational centers, as it ensures that recreational facilities can no longer use liability waivers to avoid responsibility for their negligence.

What Are Liability Waivers?

Liability waivers are documents that participants sign before engaging in an activity, stating that they will not hold the facility responsible if they get injured. These waivers have been commonly used by gyms, amusement parks, sports centers, and other recreational venues to protect themselves from lawsuits, even if the injury was due to the facility’s negligence. Negligence occurs when a facility fails to provide a safe environment, such as not maintaining equipment properly, not having adequate safety measures in place, or failing to provide necessary supervision.

MD’s New Law Against Waivers of Liability

Fatal Car Accident Under Investigation After Attempted Traffic Stop

May 31, 2024 | Lebowitz & Mzhen

As of 2017, the AAA Foundation for Traffic Safety has found that both the rate and fatality levels of hit-and-run collisions are on the rise. There were an estimated 737,100 hit-and-run crashes in 2015. This translates to a hit-and-run crash happening somewhere in the U.S. every 43 seconds. The 2,049 fatalities that resulted from hit-and-run crashes in 2016 were the highest number recorded up to that point. The AAA Foundation for Traffic Safety defines hit-and-run accidents as collisions in which at least one person involved in the crash departs the scene of the crash before offering any (or sufficient) information or aid to the other involved person(s) or fails to properly report the crash. Hit-and-run accidents are a major issue for many reasons, but in particular, they can increase the severity of outcomes given delays or the complete absence of medical attention for the victims.

What Makes Hit and Run Accidents More Common?

Hit-and-run accidents are often characterized by several distinct elements. Common characteristics include the accident having very few witnesses and or poor lighting, as the driver is more likely to believe there will not be repercussions for their behavior. If there are many witnesses or the scene is highly visible, people are less likely to flee the scene of a crash. Similarly, drivers are much more likely to flee the scene of an accident between the hours of midnight and 4:00 a.m., than between 8:00 a.m. and 11:59 a.m. This is due to a host of reasons, but one explanation is that nighttime drivers generally engage in more risky behavior.

A recent news report described a fatal accident. According to the reporting by DC News Now, one person is dead and another was taken to the hospital after a serious crash. The Maryland Office of the Attorney General said it is conducting an independent investigation after a fatal crash followed an attempted traffic stop in Rockville. Two Montgomery County Sheriff Deputies were in the area of Rockville Pike near Flanders Avenue just before 2:30 a.m. when they saw a Dodge sedan speeding. Shortly after they turned on their emergency equipment, they came across a two-car crash between the sedan and another car. Investigators believe the Dodge sedan collided with a Honda sedan, which was turning onto Rockville Pike. The driver of the Dodge attempted to flee on foot and was found shortly by the police. The driver of the Honda – a woman – was pronounced dead at the scene.

Baltimore Key Bridge Collapses After Being Hit by Cargo Ship

April 2, 2024 | Lebowitz & Mzhen

Traffic signs and detour signals are vital parts of maintaining safe traffic practices. While it would be nice to be aware of every single thing on the road ahead, sometimes obstacles can be hidden from plain view or in blind spots on the road. Without warning signs, drivers may only become aware of the obstacle when it is too late. This is why warning signs for traffic are incredibly important. They can be temporary signs that warn traffic about construction zones, detours, obstacles, or changes in the conditions ahead. Recently, officials were able to suddenly halt traffic across the Baltimore Key Bridge, minutes before the bridge collapsed, saving many lives. A CNN news article described the circumstances surrounding the bridge collapse.

The Francis Scott Key Bridge collapsed early Tuesday, March 26, after a massive container ship lost power and crashed into the iconic Baltimore bridge, sending people and vehicles into the frigid Patapsco River. Six people, believed to be part of a road construction crew, are presumed dead and the Coast Guard has ended its active search and rescue mission. According to Maryland Governor Wes Moore, over 30,000 people commuted daily on the bridge. Governor Moore also stated that the quick work of authorities in closing the bridge had saved lives. Radio traffic captured how authorities stopped traffic and worked to clear the bridge seconds before the impact. Maryland State Police Secretary Col. Roland L. Butler Jr. said there is a “distinct possibility” more vehicles were on the bridge, but authorities have not found any evidence to support that.

What Caused the Francis Scott Key Bridge to Collapse?

According to investigations, the ship pilot quickly gave a string of orders, calling for a hard rudder to port — as far left as possible — and for the anchor to be dropped. Additionally, the pilot was the one who contacted the pilot dispatch office to shut down traffic to the bridge. Even with the mitigation measures in place, eight people were on the bridge when it fell, according to officials. At least two people were rescued — one was taken to the hospital and was later discharged, fire officials and the medical center said. Dive teams from various state and local agencies were brought in to assist in search-and-rescue operations, according to Maryland State Police Secretary Col. Roland L. Butler Jr. The mission started with 50 personnel and continued to grow before the Coast Guard announced that it was suspending its active search-and-rescue operation and transitioning to a “different phase.”