Articles Posted in Wrongful Death

Hit-and-run accidents are often characterized by certain specific factors. Common characteristics include the crash having few witnesses and or poor lighting. If there are many witnesses or the scene is highly visible, people are less likely to flee the scene of a crash. Relatedly, people are much more likely to flee a crash between the hours of midnight and 4:00 am, than between 8:00 am and 11:59 am. This is due to a host of reasons, but one explanation is that nighttime drivers generally engage in more risky behavior. A recent article described a hit-and-run accident involving a truck and a motorcycle.

The recent article described how a fatal hit-and-run collision unfolded on Thursday, July 13. Around 1:30 pm, Secret Service agents stopped the driver of the vehicle at the corner of 17th Street NW and Constitution Avenue over an alleged expired registration. According to the Secret Service, the unidentified driver allegedly signaled he would slow down and pull over, but just before he stopped, he sped up. After speeding up, the driver allegedly crossed through a red traffic signal light and struck two people before driving away from the scene. The victims were a 75-year-old man from Philadelphia and a 13-year-old girl according to the U.S. Park Police. The 75-year-old man was pronounced dead at a nearby hospital while the 13-year-old girl was treated at the scene and released.

What is the Definition of a Hit and Run Accident?

The AAA Foundation for Traffic Safety defines hit-and-run accidents as collisions in which at least one person involved in the crash flees the scene 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 a number of reasons, but in particular, they can increase the severity of outcomes given delays or the complete absence of medical attention for the victims. 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 (NHTSA, 2016). 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.

With interstate highways, speed limits may vary depending on the state and the particular highway. It is no surprise that vehicles on highways are moving at a much higher rate of speed compared to vehicles on local roads, school and residential areas, or roads with traffic lights or stop signs, for instance. As a result, it is very important for drivers of all vehicles to remain alert and aware of their surroundings, including remaining aware of vehicles that may be pulled over on the shoulder, and being sure to steer clear.

According to a recent news report, a 23-year-old man was hit and killed in Columbia, Maryland on I-95. The 23-year-old man was hit by two cars, and one of the drivers left the scene. The deceased person was parked on the shoulder of the road and was having a discussion with an unidentified woman next to their car when the woman attempted to walk onto I-95. The 23-year-old man attempted to pull her back from the road, but he was hit by a Nissan Altima, which continued driving. As he lay on the road, a second car also struck him and pulled over on the road, and called 911. The victim was pronounced dead on the scene.

Why Are Roadside Accidents So Common?

Highway shoulders were created with the idea that vehicles would be able to check their surroundings in order to safely pull over to the side in cases of emergencies (i.e. a malfunctioning car). However, according to the American Automobile Association (AAA), 12 percent of all interstate highway deaths include vehicles that are stopped on the shoulder of a highway. It is always important to signal and make clear to other nearby drivers if you must make the transition into pulling over on the shoulder. Additionally, it is important to ensure that other drivers can see you and that you remain visible while pulled over, which may include being mindful of visibility issues, including inclement weather and nighttime driving. Drivers and passengers should be sure to remain away from the highway, and call for help to ensure that any time spent on the highway shoulder is as short as possible.

While many car accidents are the result of reckless driving or disobeying traffic laws, sometimes, drivers are rendered unconscious or unresponsive because of a medical emergency. Medical emergencies can range from choking or fainting to even more severe emergencies such as strokes, heart attacks, or seizures. Car accidents involving medical emergencies can be serious and often fatal, as nearby pedestrians and other cars are not aware of the sudden loss of control by the individual experiencing the medical emergency.

In a recent news report, a Washington D.C. car accident occurred when a pickup truck ran a red light before hitting a male bicyclist and ultimately careening off the road and crashing into a firework stand. The accident occurred in Northeast D.C. around 5:30 p.m. near Nannie Helen Burroughs Ave Northeast and Minnesota Avenue. The police officers on the scene stated that they believed the driver of the pickup truck experienced a medical emergency when the crash happened. Both the male bicyclist and a man standing behind the firework stand were pronounced dead according to the police. The police stated that nobody else was killed or injured during the accident.

How Can D.C. Accident Victim Prove Another Driver Was at Fault?

When it comes to Washington D.C. car accident cases, defendants claiming to have experienced a medical emergency that led to a car accident have the option to pursue an Act of God defense. An Act of God defense in Washington D.C. offers a defense when the force of nature is uncontrolled and uninfluenced by humans and could not be prevented or avoided. Such a defense is difficult to successfully deploy and both parties need to examine the at-fault driver’s medical records to determine several issues. (1) Did the driver have pre-existing medical conditions, (2) was the driver taking medication for their condition, and (3) were any medical restrictions in effect at the time of the accident? Establishing if a medical emergency did in fact occur, and if so, to what degree it was foreseeable, and what steps the at-fault driver took to mitigate the risk of medical emergencies is vital to arriving at a proper result for a plaintiff’s claim. Successfully defeating a defense revolving around a medical emergency potentially involves proving that there were symptoms of the medical emergency that the at-fault driver negligently ignored, ultimately causing the accident.

When you are the victim of a Washington, D.C. car accident, it may be difficult to navigate the legal fallout following the incident. For many people who are unfamiliar with the legal system, they may wrongly assume that if the at-fault party who caused their injuries is criminally charged, they will automatically receive compensation as the victim also. This is not the case.

According to a recent news report, a Washington Commanders player is now facing involuntary manslaughter charges following a fatal car accident. Local authorities reported that the player was driving more than 90 miles per hour in an area where the speed limit was 45 miles per hour when his car swerved off the road and flipped. The passenger in the car was a 29-year-old woman, who died following the accident.

In Maryland, like other states, personal injury claims are considered to be a civil issue, rather than a criminal one. Thus, just because the at-fault party may have been charged criminally, does not mean that you will automatically receive compensation. To receive compensation, potential plaintiffs will have to consider filing a personal injury lawsuit that is separate from the state’s criminal charges against the at-fault party.

As drivers, we all try to maximize safety when navigating the road. Sometimes, however, there are things we cannot control. Even the most proactive and careful of drivers may experience bad weather, poor road conditions, or reckless drivers—all of which can have devastating consequences.

When a car accident takes place because of the negligence of another person, however, and the accident results in physical injury, significant property damage, or even death, those who are responsible can be held accountable for their negligent behavior.

According to a recent news report, three people were killed after a deadly head-on car accident. Police on the scene reported that a Chevrolet was going more than 100 miles per hour when it plowed into another vehicle heading in the opposite direction. The Chevrolet was speeding east in westbound lanes when it crashed head-on into a Toyota. Both drivers were pronounced dead at the scene, along with an additional passenger of the Chevrolet. Debris from the car accident also disabled a third vehicle, but the driver and its passenger did not need to be transported to the hospital for treatment. The investigation remains ongoing.

The aftermath of a car accident can be stressful, if not devastating, for many Washington, D.C. accident victims. Victims of D.C. car accidents often rely on insurance companies to resolve accident claims. But what can accident victims do when an insurer fails to act in good faith to resolve a claim?

What Is a Bad Faith Insurance Claim?

Under D.C. law, all contracts, including insurance contracts, contain an implied covenant for all parties to act in good faith. Parties to the contract may be able to recover damages for a breach of contract if a party fails to act in good faith. D.C. courts have not recognized a separate tort of bad faith by insurance companies in the handling of policy claims. However, in addition to breach of contract claims, there may be other claims relating to insurance contracts, such as fraud and negligent misrepresentation. Some states recognize a separate claim of bad faith. One recent case reflects how a claim of bad faith may be interpreted by a court.

In that case, a drunk driver hit a woman’s vehicle at a railroad crossing, causing it to crash into an oncoming train. The woman suffered permanent injuries, and her eight-year-old son was tragically killed in the crash. The other driver was arrested and charged with DUI manslaughter. He later pleaded guilty and was sentenced to 12 years in prison. The insurer of the drunk driver quickly offered a total of $20,000 to the woman and her son’s estate, amounting to the full bodily injury policy limits under the policy.

Many people rely on public transportation to get around Washington, D.C., from getting to and from work, to visiting friends, stores, or museums. Public transportation is a great alternative to driving personal vehicles, as it is better for the environment and often more cost-effective. It can also help to reduce traffic, a common problem around the busy areas of Washington, D.C. While there are many benefits to riding public transportation, it is important to remember that Washington D.C. accidents can still happen when riding the bus or the subway. Like any form of transportation, there are always some risks involved, and accidents may occur, causing injuries or even death.

For example, just last week, there was an accident in Washington, D.C., involving a Metrobus and a car. According to a local news report covering the incident, the head-on collision occurred around midnight one night near Minnesota Avenue Northeast and Benning Road Northeast. A preliminary investigation revealed that the bus and the car, a Nissan Altima, were traveling in the opposite direction on Benning Road Northeast when the bus began making a left turn onto Minnesota Avenue Northeast. The Nissan Altima is reported to have swerved into the left lane and struck the bus head-on. The driver of the Nissan, a 24-year-old man, was taken to a local hospital where he later died. Two passengers in the Nissan were also taken to the hospital, but with non-life-threatening injuries. Officers who responded to the scene also reported that seven of the bus’s passengers were injured, although they were also non-life-threatening injuries. It is unclear what caused the Nissan to swerve, and the accident remains under investigation.

How Can Bus Accident Victims Obtain Money Damages to Cover Medical Expenses?

After accidents like these, Washington, D.C. residents may be able to recover through a personal injury lawsuit. But potential plaintiffs may have many questions about how to file one of these suits. For instance, who should the plaintiff even sue—who was legally responsible for the accident? And what is the first step of the process? What does the plaintiff need to prove to be successful, and what may they be able to recover? Questions like these can be complicated, and their answers can raise even more questions. That is why many Washington, D.C. plaintiffs who are injured in accidents decide to work with a personal injury attorney when filing their lawsuits. While an attorney is not strictly required, having someone to answer questions and handle the complicated requirements can relieve a lot of pressure and stress. An attorney can also increase an accident victim’s overall chance of success.

In the tragic event of the untimely death of a loved one in Washington, D.C., family members may be able to hold wrongful parties responsible through the filing of a wrongful death claim. Family members may be able to receive monetary compensation through a successful claim. Under the D.C. Code § 16-2701, a wrongful death is a death caused by the “wrongful act, neglect, or default of a person or corporation” that would have allowed the person to recover if death did not ensure.

The Wrongful Death Act is intended to provide a means for close relatives of the deceased to recover compensation from the wrongful actor because the relatives would have expected assistance from the deceased if he had survived. Beneficiaries can recover for losses due to the financial support the deceased would have likely provided if he had survived and for losses for the value of lost services such as education and advice support the deceased would have likely provided to the family members. Damages include reasonable expenses for the deceased’s “last illness” and the burial.

Who Can Bring a Washington D.C. Wrongful Death Lawsuit?

A wrongful death claim in Washington, D.C. must be filed by the estate’s personal representative on behalf of the deceased’s spouse or domestic partner. If no spouse or domestic partner exists, the next of kin can file suit, including children, parents, or siblings. A wrongful death claim is not derived from the deceased’s estate, but rather focuses on the losses suffered by family members. For that reason, a jury can allocate damages unequally among the beneficiaries in the suit. Damages are determined according to the unique damages suffered by the next of kin. Under Washington, D.C. law, a claim under D.C.’s Survival Act is a separate claim. A claim under the Survival Act allows recovery arising from personal injury to the decedent and which can be filed by the decedent’s representative. Generally, a wrongful death claim must be filed within two years of the death of the deceased.

When someone is killed in an accident, the law allows their family or estate to file a Washington, D.C. wrongful death lawsuit against the individual who caused their death—such as a negligent driver in a car crash. If successful, these lawsuits can result in damages to cover medical expenses, funeral and burial costs, and, importantly, pain and suffering experienced by the deceased before their death. Sometimes, there are questions about what evidence can be introduced to prove pain and suffering in this case.

For example, take a recent state appellate case. The facts of the case are undeniably tragic: a couple was driving along the highway when the defendant, in a pickup truck, crossed the median and hit them. The couple, husband and wife, both died as a result of the collision. Their three-year-old daughter, who was also in the vehicle, survived.

The deceased wife’s mother filed suit against the defendant. At trial, the jury awarded her $3 million. The defendant appealed, arguing that the trial court erred by admitting irrelevant evidence at trial. At trial, the issue to be decided was the deceased wife’s conscious pain and suffering. The plaintiffs presented evidence that she was pregnant at the time of the collision. When the collision happened, she was on the telephone with her mother, telling her about the appointment confirming her pregnancy. The mother, the plaintiff in this case, then heard her daughter scream, “oh my god, look at that,” and then heard her scream her husband’s name, followed by the crash itself. The court held that evidence regarding her state of mind—including the fact that she was pregnant—had relevance to her fright, shock, and mental suffering before the collision.

As a major city and the nation’s capital, Washington, D.C. has many different vehicles within it at a given time. From cars to trucks, to motorcycles, school buses, bicycles, and more, there is no shortage of vehicles and forms of transportation for individuals to get around the city. But tragically, each of these forms of transportation presents the risk of a Washington, D.C. motor vehicle accident. While accidents can sometimes be no big deal, they more often cause serious injury or even death.

One vehicle that may be seen around Washington, D.C., especially during times of celebration, is limousines. But limousines can be prone to some scary and fatal accidents. Recently, the National Transportation Safety Board (NTSB) published findings regarding a serious 2018 crash. According to the NTSB, the crash occurred on October 6, 2018, around 1:55 PM. A stretch limousine operated by a limousine and chauffeur service was traveling south, driven by a 53-year-old man. Seventeen passengers were in the limousine. Unfortunately, while traveling down a hill, the brakes of the limousine failed, and the vehicle’s speed increased to over 100 miles an hour. To avoid a car stopped at an intersection ahead of them, the driver steered the vehicle away and ended up running a stop sign and entering a driveway of a restaurant parking lot. At this point, it hit an unoccupied 2015 Toyota SUV parked in a grassy field adjacent to the driveway. The impact of the crash pushed the SUV forward, striking and killing two pedestrians. But the limousine did not stop—it continued across the edge of the driveway and into a ravine, where it struck an embankment and several trees. All 18 people in the limousine were tragically killed.

The NTSB investigated this tragic crash, attempting to determine the probable cause. It ultimately concluded that the limousine and chauffeur service egregiously disregarded passengers’ safety and was reckless by dispatching a stretch limousine with an out-of-service order for a passenger charter trip. As it turns out, the company knew of the issues with the brake system but sent the vehicle out anyway. This case is an example of one set of facts that may lead to a Washington, D.C. negligence lawsuit.

Contact Information