MARYLAND CAR ACCIDENT WAREHOUSE

CAR ACCIDENTS IN MARYLAND AND WASHINGTON, D.C.: A Primer By Personal Injury Attorney Charles Jerome Ware (PART I)

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, specializes in car accidents in the Maryland and Washington, D.C. geographic area. We are: "Still here. Still committed. Still here to make a difference."

Without a doubt, the vast majority of cases in state and federal courts in the United States involve cars (automobiles). A huge percentage of these cases involve "car accidents", aka "automobile accidents".

In Maryland, for instance, traffic crashes are the number 1 killer of people between the ages of 4 and 34. Each year, in Maryland, traffic crashes kill more people than homicides. In fact, it is reported that the frequency of car accidents in the city of Baltimore, Maryland ranks 2nd worst in the United States.

Only drivers in Washington, D.C. experience car crashes more often than Baltimore, Maryland.

[www.nrd.nhtsa.dot.gov/ National Highway Traffic Safety Administration; Understanding the Law: A Primer, Charles Jerome Ware, iUniverse Publishers (2008); www.mva.maryland.gov/Driver Safety/Stats/Maryland Crash Summary]

Actually, more than 90% of total crashes in Maryland, Washington, D.C., and throughout the United States are preventable accidents caused by "driver error".

[Source: Maryland Highway Safety Office, www.mva.maryland.gov; Maryland Crash Summary].

In 2010, approximately 32,885 people died in "motor vehicle traffic crashes in the United States". Also in the same year, an estimated 2,240,000 people were injured in motor vehicle crashes.

[see, "Traffic Safety Facts, Research Note," Revised February 2012, National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation (DOT), DOT HS 811 552].

STEPS TO TAKE AFTER A CAR ACCIDENT IN MARYLAND AND WASHINGTON, D.C.:

1. Be deliberate, methodical, and safe. Stop the car, turn off the engine, and if you can physically and safely do so, exit the car. Think safety.

2. Call 911. You will need the police; and you may need an ambulance.

3. Try to get the personal information (name, address, telephone) on any witnesses.

4. Otherwise, try to be quiet. Avoid what us lawyers call "spontaneous utterances".

5. If you are injured, seek medical attention.

6. Try to listen and remember as many details about the accident as possible.

7. If you have a camera or camera phone, take pictures of the scene and damage.

8. Seek legal counsel before making reports to insurance companies.

MARYLAND CAR DEATH: The Laws By Wrongful Death Attorney Charles Jerome Ware

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier wrongful death law firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."

According to the National Highway Traffic Safety Administration (NHTSA), Fatality Analysis Reporting System, at least 493 car deaths occurred in Maryland in 2010 alone. In that same year, 32,885 people died in motor vehicle traffic crashes in the United States.

Further, according to Transportation for America (TA), an advocacy group, Maryland is ranked 15th among the most dangerous states for pedestrians. From 2000 to 2009, according to TA, about 47,700 pedestrians were killed in the United States.

The Maryland Wrongful Death Statute can be found in Md. Courts And Judicial Proceedings Code Ann. § 3-904. Pursuant to the Act, the following persons shall be the primary beneficiaries in a wrongful death action:

1) Except as provided in paragraphs (2) and (3) of this subsection, an action under this subtitle shall be for the benefit of the wife, husband, parent, and child of the deceased person.

(2) A parent may not be a beneficiary in a wrongful death action for the death of a child of the parent if:

(i)

1. The parent is convicted under §§ 3-303 through 3-308, § 3-323, § 3-601, or § 3-602 of the Criminal Law Article; or

2. The parent committed an act prohibited under §§ 3-303 through 3-308, § 3-323, § 3-601, or § 3-602 of the Criminal Law Article;

(ii) The other parent of the child is the victim of the crime or act described under item (i) of this paragraph; and

(iii) The other parent of the child is a child of the parent.

(3) (i) An action under this subtitle for the wrongful death of a child caused by the parent of the child allowed under the provisions of § 5-806 of this article may not be for the benefit of that parent of the deceased child.

(ii) An action under this subtitle for the wrongful death of a parent caused by a child of the parent allowed under the provisions of § 5-806 of this article may not be for the benefit of that child of the deceased parent.

If there are no persons who qualify under subsection (a), an action shall be for the benefit of any person related to the deceased person by blood or marriage who was substantially dependent upon the deceased.

In an action under this subtitle, damages may be awarded to the beneficiaries proportional to the injury resulting from the wrongful death. The amount shall be recovered and divided among the beneficiaries in shares directed by the verdict.

The damages awarded for death of a spouse, a minor child, or a parent are not limited or restricted by the “pecuniary loss” or “pecuniary benefit” rule but may include damages for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education where applicable. An unmarried child who is not a minor child is also included in the category if: (i) the child is 21 years old or younger; or (ii) a parent contributed 50 percent or more of the child’s support within the 12-month period immediately before the date of death of the child.

Except when death is caused by a disease caused by exposure to any toxic substance in the person’s workplace and contracted by a person in the course of the person’s employment. an action under this subtitle shall be filed within three years after the death of the injured person. However, If an occupational disease was a cause of a person’s death, an action shall be filed: within 10 years of the time of death; or Within 3 years of the date when the cause of death was discovered, whichever is less.

For the purposes of this section, a person born to parents who have not participated in a marriage ceremony with each other is considered to be the child of the mother. The person is considered to be the child of the father only if the father:

(1) Has been judicially determined to be the father in a proceeding brought under § 5-1010 of the Family Law Article or § 1-208 of the Estates and Trusts Article; or

(2) Prior to the death of the child:

(i) Has acknowledged himself, in writing, to be the father;

(ii) Has openly and notoriously recognized the person to be his child; or

(iii) Has subsequently married the mother and has acknowledged himself, orally or in writing, to be the father[i].

[i] Md. Courts And Judicial Proceedings Code Ann. § 3-904

[death.uslegal.com/ Maryland Wrongful Death Laws; y4america.org/ Transportation for America; Traffic Safety Facts, NHTSA, U.S. Department of Transportation (DoT), DoT HS 811 552, Revised February 2012]

WRONGFUL DEATH IN MARYLAND: A Primer by Maryland Attorney Charles Jerome Ware

The attorneys at the national law firm of Charles Jerome Ware, P.A., regret hearing about the wrongful death of anyone, but we are here for you and your loved ones when you have a wrongful death claim.

We recognize and understand the tremendous agony and emotional strain you are experiencing in this process, and we want to help you in any way possible to survive it.

Survival Actions and Wrongful Death Actions In Maryland

When a victim dies in an accident or from medical malpractice in Maryland, the deceased person's family may typically file two separate claims: a "survival action" and a "wrongful death" action.

The "survival action" is an action brought on behalf of the personal representative for the estate of the deceased, claiming recovery for the injuries suffered by the victim. Maryland law allows compensation to the deceased victim's estate for the pain and suffering and other damages, and actual expenses incurred by the victim that were suffered up to the moment of death.

The "wrongful death action" is brought by the relatives of the victim and it seeks compensation for the victim's accidental death.

In a survival action in Maryland, damages are measured in terms of harm to the actual. victim. The personal representative serves as the posthumous agent of the victim. In a wrongful death action in Maryland, damages are measured in terms of harm to loved ones as a result of the loss of the victim. In this case, the surviving relatives do not serve the agent for the decedent and act on their own behalf for their own loss.

One chief difference between a survival statute and a wrongful death statute is that if death is instantaneous, there can be no cause of action except for medical bills and funeral expenses under the Maryland survival statute. Of course, this is a fallacy of law; no one can argue that a parent who does not get to see their children grow up has not suffered a loss. But the law gives that claim to the children under the survival statute.

Statutes of Limitations

Any medical malpractice action must be filed either within five years from the date when the injury was committed or three years from the date when the injury was discovered, whichever is earlier [Md. Code Ann., Cts. & Jud. Proc. § 5-109 (1995)]. Against a minor, the statute does not begin to run until a claimant has reached the age of eleven, and if the action involves a foreign object or injury to the reproductive system, the statute does not begin to run until the claimant is sixteen. Id. Maryland’s highest court has held that the five-year part of the statute is not measured from the date treatment ends and does not violate the state constitution [Hill v. Fitzgerald, 304 Md. 689, 501 A.2d 27 (1985)].

A wrongful death action brought by the decedent’s dependents must be filed within three years after death [Md. Code Ann., Cts. & Jud. Proc. § 3-904 (1995)]. This statute applies to a wrongful death action brought on a medical malpractice theory, while § 5-109 applies to a survival action brought by the decedent’s estate.[Geisz v. Greater Baltimore Medical Center, 313 Md. 301, 545 A.2d 658 (1988)].

Some Wrongful Death Awards

- $3,000,000 Jury Award for Maryland pedestrian death.
- $1,300,000 Award. Wrongful death caused by hypertensive stroke during pregnancy (preeclampsia and eclampsia) arising from physician and nursing negligence in the hospital.
- $2,000,000 Award for Road Rage Wrongful Death [Attorney for Plaintiffs: Charles Jerome Ware]
- $1,125,000 Award for wrongful death resulting from failure to treat deep vein thrombosis (DVT), pulmonary embolus (PE) and negligent discharge from the hospital.
- $1,100,000.00 Award for wrongful death caused by negligent insertion of a chest tube in the emergency room.

[www.millerandzois.com/Wrongful Death, Survival Actions; www.mcandl.com/ Maryland Medical Malpractice; Understanding the Law: A Primer, by Attorney Charles Jerome Ware, iUniverse Publishers; voices.washingtonpost.com/crim-scene/ $3 Million Jury Award/ 03-11-2011]