Maryland Accident Law Blog

Consequences of Arbitration Agreements in Elder Abuse Cases

November 30, 2022 | Lebowitz & Mzhen

In some ways, elder abuse law lags behind other areas of law, and as a result, our clients can feel frustrated by the processes they are up against. In a system that is not always designed to protect older individuals, it can be incredibly daunting to be subject to contracts that work better for bigger companies and facilities than they do for the individuals signing them.

One clear example of an unfair practice in elder abuse law is the reality of arbitration agreements. These clauses appear in contracts of many kinds, including contracts with banks, businesses, and online services. The language of arbitration clauses almost always states that if there is a dispute that arises between the person receiving the service and the company providing the service, those parties must work the dispute out in a private arbitration setting. The individuals are barred from bringing their claims to court.

Recently, Congress banned companies from including arbitration clauses revolving around sexual harassment in their contracts. This legislation means that if an individual has been subject to some kind of sexual harassment, she or he will automatically have the right to pursue their claim in court, even if there was an arbitration clause in the contract they signed.

Truck Accident Involving School Bus and Pick-Up Truck Leaves One Dead

November 17, 2022 | Lebowitz & Mzhen

Drivers share the road with all types of vehicles, ranging from smaller sedans to pick-up trucks, motorcycles, buses, and more. Because vehicles range in size, length, the number of passengers that they can safely hold, and safety features, it can be hard to predict exactly how much damage may result from an accident. In addition, the conditions of the road, the negligence or recklessness of drivers, and other factors all contribute to the level of harm that may result from a truck accident. In addition, changes in seasons can alter the type of vehicles we commonly see on the road, including whether there are many school buses on the road. According to National Safety Council and the National Highway Traffic Safety Administration, school bus-related accidents killed 54 people nationwide in 2020.

In a recent news report from South Carolina, a two-car crash resulted in the death of the driver of a pick-up truck. A school bus was hit by a Chevrolet Silverado that was heading southbound. Seven students were on the bus and no other injuries were reported. Local authorities are investigating the accident further, and fault had not yet been established.

Both trucks and buses can range in size and are often times larger in length and weight. These are often heavier-weight vehicles, requiring that their drivers be equipped with the knowledge and skill needed to safely maneuver the vehicle. These two types of vehicles share a similarity in that it can be difficult in some situations for the drivers of these vehicles to see in their blind spots. Blind spots are essentially the areas that a driver is unable to see when looking in their mirrors or when they turn their head to check their surroundings. In addition, poor weather conditions, obstruction by the sun, passengers or even objects can also add to obstructing a driver’s view.

Maryland Collision at Intersection Leads to One Fatality and Multiple Injuries

October 28, 2022 | Lebowitz & Mzhen

Intersections can be crowded and sometimes confusing for the various people who are traveling from one place to the next – including bicyclists, pedestrians, and drivers of trucks and cars. Statistics from the U.S. Department of Transportation Federal Highway Administration revealed that more than 50 percent of the combined total of fatal and injury crashes occur at or near intersections. What causes such a high rate of accidents at intersections?

According to a recent news report, a car crash in Germantown, Maryland led to one fatality and three people injured. The collision involved a truck and a Jeep, where a Ford was traveling southbound when a Jeep turned left. The Jeep struck the Ford F250 at the intersection. A man who was a passenger in the jeep was pronounced dead at the scene. The driver of the jeep was transported to a local hospital with serious, but non-life-threatening injuries, while the driver and passengers of the truck were taken to a local hospital for minor injuries. According to photos tweeted by the county’s fire rescue Chief, a truck appeared to have crashed through a fence in the front yard of a house. The investigation into what led to the crash is still ongoing.

What are Some of the Reasons for Intersection Collisions?

Although intersection collisions can happen for a myriad of reasons, some of the common reasons include having an obstructed view of the area which may prevent a driver from having a full line of vision, illegally running a red light, illegally making a turn at the wrong time, miscalculating the movement decisions of other drivers, and distracted driving. There are some tips that drivers, pedestrians, and bicyclists can follow to help keep themselves and others safe when at an intersection.

Driver Flees Scene in Maryland Accident, Leaves Motorized Biker Dead

October 14, 2022 | Lebowitz & Mzhen

A hit-and-run accident can be scary and stressful, especially as you work to figure out which next steps to take. You may have questions about insurance claims and coverage, you may have questions about police involvement and what will happen next in their investigation, and you may have valid concerns about legal claims. These are not easy questions and can differ on a case-by-case basis. However, it can be important to know what some helpful next steps may be after being a victim of a hit-and-run accident.

A recent news report revealed that a fatal hit-and-run accident occurred in Elkridge, Maryland. This crash involved a motorized bike and two other vehicles early one Sunday morning. Around 3 a.m., police were called to Maryland Route 175 between Interstate 95 and Route 108. According to police, the original vehicle involved in the striking accident left the scene of the accident. The victim was ejected onto the roadway and subsequently struck by another vehicle. While the driver of the second vehicle stayed at the scene of the accident, the first driver who initially struck the biker failed to remain at the scene.

What Should You Do After a Hit-and-Run Accident?

After a hit-and-run accident, as a victim, it can be important to seek any immediate and emergency medical care, and ensure that all victims involved seek such treatment. It can also be important to document at the scene of the crash after ensuring everyone’s well-being and safety. This includes taking photos of the vehicle(s) involved and their damage, taking photos of injuries, taking photos of any debris, and getting contact information for any witnesses. Additionally, speaking with police officers who can take your statement for a report may also be helpful. Police may use information reported from eyewitnesses, traffic cameras, and other clues to help determine and locate the driver who fled. Don’t forget to take the important step of contacting your insurance to notify them of the accident. Sometimes drivers, unfortunately, flee after an accident because they are not insured, which goes against Maryland law. However, notifying your insurance will ensure that you take all the proper steps after such an accident and can help you figure out what your insurance might cover. Finally, connecting with an experienced attorney will be very helpful. An experienced attorney can walk you through potential legal action to recover damages from the perpetrator.

Ford Motor Company Recalls 200,000 SUVs Over Dangerous Fire Risk

September 29, 2022 | Lebowitz & Mzhen

The manufacturers and distributors of consumer products that are sold in the UNited States have a responsibility to ensure that the products are reasonably safe when they are used as directed. Companies that continue to market dangerous products after they have known or should have known of the risk may be subject to serious legal liability if a consumer is injured or killed while using the product. Manufacturers often use product recalls to address and remediate dangerous product issues with merchandise that has already been sold. The Ford Motor Company has recently issued a recall for over 200,000 of their popular SUVs because several vehicles have caught fire, placing consumers at risk of serious injury.

According to a national news report discussing the recall, the company has issued recalls for approximately 200,000 Ford Expedition and Lincoln Navigator vehicles that were manufactured between 2015 and 2017. The recall was issued because at least 25 vehicles in the recall group have had fires break out from the climate control systems. Although no injuries have been reported yet, the danger posed by vehicles catching on fire is serious and must be addressed. The article does not specify which specific models are subject to the recall. Anyone owning a 2015-2017 Lincoln Navigator or Ford Excursion should reach out to a local dealer to determine if their vehicle is subject to the recall, where the needed repairs will be made free of charge by the dealer.

Why Do Manufacturers Recall Products?

Manufacturers use recalls in an attempt to get dangerous products removed from the market, and therefore limit their legal liability for injuries caused by their products. Consumers who are hurt or killed by products that have already been recalled may face obstacles in collecting compensation for their loss as a result of the dangerous product. A previously issued recall is not a total bar to relief in the event of an injury. Consumers who have been hurt by a dangerous product may be entitled to significant compensation, even if the product was recalled before or after the injury occurred. Manufacturers cannot use a recall to absolve themselves entirely from the consequences of a dangerous product. Anyone with questions about making a product liability claim based on a dangerous product would seek sound legal advice before pursuing any action.

Vision Obstructions that Can Lead to Motorcycle Accidents

September 10, 2022 | Lebowitz & Mzhen

Motorcycles can be harder to see when on a busy road for a variety of reasons, and this means that it is especially important for all drivers and pedestrians to take extra precaution. Motorcycles are much smaller than cars and trucks, which can lead them to be more difficult to see from a distance. The average motorcycle ranges from 75-100 inches long, with a heigh of 40-60 inches. A car’s blind spot may cause motorcycles to be hidden from view temporarily, which can be dangerous for motorcyclists. In addition, some drivers may misjudge the speed at which a motorcycle is going, which can result in injuries.

In a recent news report, a motorcycle collided with a car in Pennsylvania, resulting in a 58-year-old motorcyclist’s death. A trauma doctor pronounced him dead shortly after his arrival at the local hospital. According to preliminary investigations, the motorcyclist was wearing a helmet at the time of the accident. A car was headed northbound and began to turn left, and the motorcyclist was heading south and unable to avoid a collision, striking the passenger side of the vehicle. The driver of the car revealed to police that she didn’t see the motorcycle approaching due to the low sun.

Driving and riding in any type of motor vehicle comes with its own set of risks, and motorcycles are no different. According to the National Higway Traffic Safety Admnistration, 42 percent of fatal motorcycle crashes that involved another motor vehicle involved a vehicle turning left while the motorcycle was going straight, passing, or overtaking a vehicle. When drivers approach an intersection and are turning, their view of oncoming traffic is partially obstructed, but driverss should take the time to wait until they are able to see around an obstructions to ensure it is safe to proceed. Any time you approach an intersection, it is important to take extra time to ensure that you use your rear and side view mirrors to ensure that nobody is in your blind spots.

Fatal Maryland Car Accident Claims

August 31, 2022 | Lebowitz & Mzhen

Every year, Maryland motor vehicle accidents cut the lives short of thousands of people in the state. The Maryland Department of Transportation (MDOT) reported 534 fatalities on Maryland roads in 2019. While the pandemic significantly reduced the traffic on the state’s roadways, reports indicate that fatal Maryland car accidents were up 12 percent from 2019 and 17 percent from 2018. The majority of Maryland traffic fatalities occur in Prince George’s County, Baltimore County, Montgomery County, Anne Arundel County, and Baltimore City. Baltimore City likely experiences fewer fatal accidents because not many large trucks travel within the city limits.

The leading cause of fatal accidents is a result of an unsafe or sudden road or lane departure. Lane changes occur when a vehicle exits its lane and slams into another vehicle or object. These road and lane departures are connected to nearly 50% of all fatal accidents in the state.

For example, a recent local news report described a fatal two-car collision in Anne Arundel County. The accident occurred when a Chevy SUV driver tried to change lanes and was hit by Dodge Charger. The driver and passenger of the SUV died upon impact, and the other driver was airlifted to a hospital with serious injuries.

Parents Sue E-Bike Company After Daughter’s Death

August 31, 2022 | Lebowitz & Mzhen

The newest transportation gadget is the electronically powered bicycle, commonly referred to as the e-bike. Over the last five years, e-bike sales have shot up from 152,000 in 2016 to 804,000 in 2021. As sales of e-bikes have skyrocketed, experts are sounding the alarm on the new technology’s safety hazards. According to the author of a 2020 study on e-bike safety, e-bikes are associated with more serious injury than manual bikes. Specifically, the study found that e-bike riders were more likely than manual bike riders to suffer internal injuries and need hospitalization after an accident.

Recently, a family in California filed a wrongful death lawsuit against Red Power Bikes after their daughter died in an accident involving the company’s e-bikes. Filed in the Los Angeles County Superior Court, the lawsuit also names Giro Sport Design, the manufacturer of the helmet the 12 year-old victim wore at the time of her accident. In January 2021, the victim was riding as a passenger on a RadRunner bike, sitting on a flat rack over the e-bike’s back wheel. Allegedly relying on the e-bike’s electric boost, which reaches speeds up to 20 miles per hour without pedaling, she and her friend rode to the top of a hill. While descending the hill, the e-bike allegedly picked up speed and began to shake. When the brakes failed to slow or stop the e-bike, her friend lost control. Both girls were thrown, and the victim suffered traumatic brain injury that left her unconscious. She never regained consciousness and died 16 days later.

What Does the Lawsuit Allege?

Holding Manufacturers Liable for Injuries Due to Motorcycle Defects

August 14, 2022 | Lebowitz & Mzhen

Motorcycle accidents happen every day for various reasons, but some of the most concerning accidents occur not because of the fault of the driver or other drivers on the road. On some occasions, motorcycle crashes occur because of motorcycle defects and flaws in the design of the motorcycle. Consumers put their trust in manufacturers and expect that the products that they purchase are safe and reliable. However, every year, there are many cases of consumers suffering injuries and even death due to defective products, including motor vehicles. When manufacturers build motorcycles with defects or defective parts, it puts motorcyclists and other drivers and pedestrians at risk. If it is determined that a motorcycle was designed with defects that caused a motorcycle accident, the manufacturer may be legally held liable for their negligence.

According to a recent news report, a 44-year-old died after a motorcycle crash in Frederick County, Maryland. A group of motorcyclists were traveling northbound when a 2011 Harley Davidson Electra Glide motorcycle began to wobble and the driver lost control. The motorcycle went down and the driver was ejected. The driver unfortunately was pronounced dead at the scene. An investigation should be conducted to determine the cause of the accident, including whether the accident was possibly caused by a defect in the motorcycle.

Motorcycle defects can range from defects in the brakes, defective tires, and/or defects in various other parts. Riders and drivers should pay attention to any motor vehicle recalls. A recall happens if there is a particular defect in a vehicle that applies to many of the vehicles that fall under the same model. If you believe you suffered injuries from a motorcycle accident due to motorcycle defects, an experienced lawyer can help you navigate how to file a claim and hold the manufacturer responsible for their negligence in product design.

Damages in a Maryland Personal Injury Lawsuit

July 31, 2022 | Lebowitz & Mzhen

Accidents often occur in a moment’s notice; however, the impact they have on a victim can last a lifetime. Even seemingly minor accidents can result in an accident victim incurring tremendous hospital bills, missing days or weeks of work, and experiencing lingering pain or other physical limitations. Through a personal injury lawsuit, Maryland accident victims can recover monetary compensation to cover these expenses.

When Can You Bring a Maryland Personal Injury Lawsuit?

Personal injury claims are based on the legal theory of negligence. Thus, to prove a claim, an accident victim must be able to establish each of the following four elements: