Car Accidents

Recent Case Illustrates Why Maryland and Washington, D.C.’s “Joint and Several Liability” System Favors Plaintiffs

August 9, 2016 | Lebowitz & Mzhen

Earlier this month, an Arizona appellate court issued a written decision in an auto accident case, holding that the lower court erred in not allowing the sole defendant to name an additional defendant whom she believed to be in part liable for the plaintiff’s injuries. The court in Cramer v. Starr based its decision on the fact that Arizona was a “several liability” state.

In short, Cramer struck another motorist, Mungia. Mungia then sought out medical treatment, culminating in a surgery. The surgery ended up making her symptoms worse, and she sued Cramer for negligence without naming the doctor in the lawsuit. Cramer then asked the court for permission to name the doctor as an additional defendant under a medical malpractice theory of liability.

“Several Liability” Versus “Joint and Several Liability”

There are two basic statutory schemes that states use to determine how much an at-fault defendant can be required to compensate a plaintiff. In a “several liability” state, defendants are severally liable to the plaintiff for the damages they caused. This means that any one defendant cannot be required to pay more than their share of the damages. For example, if a defendant is determined to be 30% at fault in an accident, and the total damages suffered by the plaintiff were $500,000, the defendant who was 30% at fault will only be required to pay $150,000.

Plaintiff’s Failure to Strictly Comply with Notice Requirement Results in Dismissal of Case

May 16, 2016 | Lebowitz & Mzhen

Earlier this month, the Wisconsin Supreme Court issued an opinion dismissing a plaintiff’s case against a state employee, based on the plaintiff’s failure to strictly comply with the notice requirements outlined in the state’s statute governing cases against governments and government employees. In the case, Sorenson v. Batchelder, the issue was whether personal notice of the lawsuit provided to the state’s attorney general complied with the requirement that notice be provided through certified mail.

The Facts of the Case

In October 2010, a state employee rear-ended a vehicle that was pushed into the plaintiff’s vehicle, causing property damage and personal injury to the plaintiff. Three months later, the plaintiff served notice of the claim to the attorney general in the state’s capitol. After investigating the claim, the state government issued a check to the plaintiff in the amount of $241. Not satisfied with the compensation, the plaintiff then filed a negligence lawsuit against the state employee, seeking a fuller award.

Before the case reached trial, the defendant asked the court to dismiss the case because the plaintiff failed to strictly comply with the state’s notice requirement, which required that notice of a claim be delivered by certified mail. The lower courts determined that service was proper, but the state employee appealed to the highest state court.

Jury’s Verdict for Plaintiff in the Amount of Zero Dollars Upheld on Appeal

March 9, 2016 | Lebowitz & Mzhen

Earlier this month, a Nebraska appellate court issued a written opinion regarding an appeal filed by a personal injury plaintiff who was awarded a zero-dollar award after a jury trial. In the case, Lowman v. State Farm Mutual Auto Insurance Company, the court determined that, while a zero-dollar award normally requires clarification from the jury, in this case it was clear what the jury intended, so no clarification was necessary.

The Facts of the Case

Lowman was a passenger in a car being driven by her husband when the car was struck by an uninsured driver. The Lowmans’ uninsured motorist carrier was State Farm, so they filed a claim with the company. State Farm admitted that the uninsured driver was liable but disputed the issues of causation and damages. The case proceeded to trial on these two issues.

During the pendency of the trial, the Lowmans withdrew their claim for lost wages and admitted that all medical bills had been paid. Thus, the only claim remaining was that for her pain and suffering. At trial, Lowman’s attorney told the jury “If you think [Lowman] is exaggerating, there should be no verdict. If you think she’s a liar, a cheat and a fraud, there should be no verdict.”

Accident in D.C. Suburb Kills Four and Injures 14 Others

November 17, 2015 | Lebowitz & Mzhen

Earlier this month in Hyattsville, Maryland, not far from Washington, D.C., an accident between a church van and a pick-up truck resulted in four people losing their lives and another 14 being seriously injured. According to one local news source, the accident took place on a Sunday afternoon on Hyattsville Street.

Evidently, police believe that the driver of the pick-up truck rear-ended another passenger vehicle and then lost control of the truck. After traveling several hundred feet past the site of the initial collision, the truck crossed over a double yellow line into the line of oncoming traffic. A church van with 16 people inside traveling in the opposite direction was unable to avoid the collision, and it struck the truck on the passenger side.

After that collision, the pick-up truck ignited in flames. The flames burned intensely until emergency workers were able to get the fire under control. However, ultimately the driver of the truck was pronounced dead at the scene. Thankfully, the flames from the truck did not spread to the van. However, three people in the van – two adults and one child – were killed as a result of the collision. Fourteen others in the van were injured and were taken to various hospitals in the area.

Allegedly Drunk Motorist Involved in Five-Fatality Accident Indicted on Vehicular Manslaughter Charges

September 16, 2015 | Lebowitz & Mzhen

Earlier this month, a man who crashed into a stopped car, killing all four people inside as well as his own passenger, was indicted on 28 counts, including manslaughter, reckless driving, and driving without a valid license. According to one local news source, the accident, which took place back in October of last year, occurred in Oxon Hill, Maryland, near where Livingston Road meets Livingston Terrace.

Evidently, an Acura with four people inside was stopped at a red light when the driver of another vehicle slammed into the back of the car. Police documents report that the man was traveling at about 70 miles per hour at the time of the collision. All four people inside the Acura were pronounced dead shortly after the accident. The passenger of the other driver’s vehicle was also pronounced dead.

Police suspected the driver of the other vehicle of being intoxicated at the time of the accident, and they conducted toxicology tests that came back showing that his blood-alcohol content was nearly twice the legal limit. He was indicted in May of this year but evaded police until just last month. He is currently being held on $500,000 bail.

Local Maryland Businessman, Dubbed “Route 29 Batman,” Dies in Hagerstown Car Accident

August 27, 2015 | Lebowitz & Mzhen

Earlier this month in Hagerstown, Maryland, local businessman Leonard B. Robinson died in a fatal car accident. According to a local news report, Robinson was known to many as the “Route 29 Batman” because he drove a tricked-out Lamborghini that was made to look like the Batmobile. Prior to passing, he would dress up as the Dark Knight and visit sick children in area hospitals. He would bring them toys and books, and encourage them to be strong in the face of their illnesses.

Evidently, Robinson was on his way home from a car show when his vehicle broke down on Interstate 70, near Hagerstown, and he was forced to pull off the road. However, according to witness accounts, it seems as though the Lamborghini was not completely off the road, and it may have been partially in the eastbound passing lane. As fate would have it, a passing Toyota Corolla collided with the Batmobile, sending it into Robinson, who was standing a few feet in front of his vehicle. Robinson was pronounced dead at the scene of the accident by emergency responders. Police are still in the middle of an investigation.

Robinson became well known after a police dash-cam video of him getting pulled over in the Batmobile surfaced a few years back. The exchange between the Dark Knight and the police was a unique one, with the officers clearly intrigued and confused by the man whom they pulled over for having an invalid license plate. Apparently, the plate on the Lamborghini only had a bat symbol on it.

Arlington Man Killed By Speeding Driver

July 30, 2015 | Lebowitz & Mzhen

Earlier this month in Washington D.C., an Arlington man was killed when his vehicle was struck by another car that had lost control. According to one local Washington D.C. news source, the accident occurred on 16th Street NW near the intersection with Madison Street, not far from Rock Creek Park.

Evidently, the accident occurred on a Sunday morning, around three o’clock. The accident victim was driving southbound on 16th Street NW in his Volvo when another motorist in an Acura heading northbound on the same road lost control. As the driver of the Acura lost control of his vehicle, it crossed the center median and struck the Volvo. Both drivers were taken to the hospital.

Sadly, the driver of the Volvo passed away from the injuries he sustained in the accident two days later. The driver of the Acura sustained non-life threatening injuries and is expected to make a full recovery.

New Study Finds Washington D.C. Most Lenient Jurisdiction for Drunk Drivers

July 9, 2015 | Lebowitz & Mzhen

It is common knowledge these days that drunk driving is a dangerous and irresponsible habit that can all too easily claim innocent lives. However, for a number of seemingly irrational reasons, drivers continue to engage in drunk driving despite the physical dangers to others as well as the potential criminal consequences they may face if convicted of a drunk-driving offense. According to one news report looking at a recent nationwide study, however, Washington D.C. ranks as the most lenient jurisdiction in the country for drunk drivers.

Evidently, the study was conducted by wallethub.com and took into account factors such as minimum jail time for first and second offenses, when a DUI becomes an automatic felony, the length of a license suspension following a DUI conviction, when an ignition interlock device is required, whether the jurisdiction uses sobriety checkpoints, and how much the fines and costs are relating to a conviction.

The researchers conducting the study assigned a numerical value to each factor, ultimately coming up with a final “score.” The higher the number, the stricter the jurisdiction is on drunk drivers. Maryland, Virginia, and Washington D.C. ranked as follows:

Thirty-Four Million Cars Affected by Most Recent Takata Airbag Recall

May 22, 2015 | Lebowitz & Mzhen

Earlier this month, Japan-based airbag manufacturer Takata announced the largest auto-part recall in United States history, affecting over 34 million automobiles. Takata is the second-largest airbag manufacturer in the world, behind only Autoliv, which is based in Sweden.

According to one news report by CNN, the airbag manufacturer announced the recall after it came to light that the company’s airbags were prone to sending shrapnel in drivers’ and passengers’ faces upon deployment. Evidently, there have been six deaths allegedly caused by the faulty airbags, and countless other injuries. Most of the incidents involve older vehicles. However, newer models are also included in the recall.

It is estimated that there are approximately 52 million vehicles worldwide that will need to have their airbags replaced. Both Takata and Autoliv are struggling to manufacture airbags as quickly as possible to fill the orders. Currently, Takata is producing about 500,000 airbags a month, but it plans to double that number by September of this year.

Driver Who Tweeted “2 Drunk 2 Care” Before Fatal Accident Sentenced to 24 Years in Prison

May 8, 2015 | Lebowitz & Mzhen

Last year, two young women were killed in a drunk-driving accident on the Sawgrass Expressway in Florida. According to one news report by the Washington Post, the accident occurred when a drunk driver began traveling down the Expressway the wrong way, ultimately colliding head-on with another car. The evidence suggested that she was traveling at 80 miles per hour.

While the police were conducting their investigation into the accident, they discovered that not only was the driver who caused the fatal accident drunk, but also her blood-alcohol concentration was twice the legal limit. Additionally, minutes before the fatal accident she had tweeted “2 drunk 2 care.” Those who had the chance to view the woman’s social media sites before they were removed have told reporters that the woman was a self-proclaimed “pothead princess” and had posted several other comments about her recreational drug and alcohol use.

Evidently, a Florida court recently sentenced the 22-year-old woman to 24 years in jail for her role in the fatal accident. Evidence presented to the court suggested that the woman drank two fishbowl-sized drinks before getting into her car that fateful night. At the time of the accident, the woman was underage and did not have a driver’s license.