Maryland Accident Law Blog
State police in Maryland are investigating two fatal crashes that occurred on a recent weekend in Cecil County, Maryland, according to one news source. In the first fatal crash, according to a preliminary investigation, shortly before 10 pm on a Saturday night, a driver was driving a car southbound on MD 272 in North East, Maryland when she struck a pedestrian who was crossing the road. The pedestrian, a 39-year-old woman from Elkton, Maryland, died at the scene of the crash. Law enforcement was deciding whether any charges would be filed in the case. The second fatal crash occurred in the same area just a few hours later. According to a preliminary investigation, the crash occurred around 2 am when a Jeep Cherokee drove southbound in the northbound lanes on MD 272. The Jeep crashed into a Ford F-250 head-on which had been traveling northbound. The driver of the Jeep died as a result. He was 60 years old and was from Delaware.
Filing a Claim After a Fatal Crash
In the tragic event of the death of a loved one, the family members of the victim may be able to file a wrongful death claim against any parties responsible for the loss of the victim. Under Maryland’s Wrongful Death Act, certain surviving family members can file a lawsuit after their loved one’s death to seek to hold responsible parties liable and to seek compensation. A wrongful death claim may provide surviving family members with compensation for the losses suffered due to their loved one’s death, including loss of companionship, loss of financial support, and more.
In a wrongful death claim after a fatal crash, similar to other negligence lawsuits, the plaintiff has to prove: that the defendant owed the victim a duty of care; that the defendant failed to meet the standard of care by acting or failing to act in some way; that the defendant’s breach of the standard of care caused the victim’s injuries; and that the plaintiff suffered damages. A plaintiff has the burden to prove that it was more likely than not that the victim’s injuries were caused by the defendant’s conduct.
Who Can File a Maryland Wrongful Death Claim?
Maryland wrongful death claims generally can be filed by a victim’s spouse, parent, or child, who are considered “primary” plaintiffs. If the victim has no surviving spouse, parent, or child, a wrongful death claim may be brought by another family member who is related to the victim by blood or marriage and who was substantially dependent upon the victim, who are considered to be “secondary” plaintiffs. A secondary plaintiff may file a claim only if no primary plaintiff exists.
Maryland Accident Lawyers Protecting the Rights of Individuals in Baltimore and Beyond
The dedicated Maryland accident attorneys at Lebowitz & Mzhen have handled virtually all types of Maryland personal injury claims. Our team of professionals repeatedly achieves positive results for our clients through compassionate and diligent legal representation. As part of our aggressive and determined legal representation, we tailor our services to meet each of our client’s needs. injury victims in Baltimore, and across the Maryland and Washington, D.C. region. To schedule a free consultation, call our toll-free number at 1-800-654-1949 or contact us online.