Maryland Driving Laws

In Maryland: Rush Truck Accident Settlements Can Be Voided

March 20, 2009 | Lebowitz & Mzhen

In a prior post, we reported how many truck companies attempt to rush people injured in Maryland big rig accidents to accept low settlements. Recently, a potential client came into my office and explained that she had been involved in a Maryland truck accident while traveling on Interstate 95 in Howard County, Maryland. This lady explained that she had sustained what she considered “serious, but not life threatening injuries.”

This individual went on to describe how the insurance company for the truck company had called her a week after the accident, one thing led to another, and she agreed to settle her case for an amount that she now realizes was far too law. She wanted to know if she had any legal rights to go back and undo her mistake. She does.

In Maryland, if a person settles her case within 30 days after a truck accident (evidenced by the signing of a legal release within 30 days of the incident), without being represented by a lawyer and without the advice of an attorney, the victim may void the release within 60 days after the date the release was signed. The voiding of the release must be done in writing, and it must be accompanied by the return of the money paid in settlement.

All Maryland Drivers Must Maintain Control of Their Vehicles, Even When Driving on Snow and Ice

March 4, 2009 | Lebowitz & Mzhen

Due to this weekend’s snow storm in Maryland, our Maryland truck accident attorneys have spoken to many potential clients regarding accidents caused when the driver of a motor vehicle, or in one case, the driver of a tractor trailer, hit a patch of ice, or compacted snow, lost control of the vehicle driven, and caused an accident. After a snow storm, potential clients call us and ask a question like this, “Do I have a case: I was injured when another driver lost control of his vehicle on ice and slammed into the front of my car?”

In Maryland, a driver of a motor vehicle must control his or her vehicle in all weather conditions. The Maryland Transportation Article, Section 21-801 states that:

“At all times, the driver of a vehicle on a highway shall control the speed of the vehicle as necessary to avoid colliding with any person or any vehicle or other conveyance.”

In short, the failure to control a vehicle due to snow or ice does not excuse the act of losing control of a tractor trailer, an SUV, or an automobile. A driver is responsible for injuries or damages caused when his or her motor vehicle goes out of control and strikes another driver, even if the accident was caused by ice or snow on the roadway.

Maryland Legislators Debate Whether to Increase the Penalties for Negligent Drivers

January 28, 2009 | Lebowitz & Mzhen

As we have discussed in earlier posts, a myriad of state and federal regulations govern the duty of care owed by truck drivers in Maryland. If a bill currently before the Maryland legislators becomes law, a negligent truck driver in Maryland may be liable both criminally and civilly a death caused by negligent driving. Maryland truck accident attorneys at Lebowitz & Mzhen Personal Injury Lawyers will keep an eye on this bill and its potential future impact to civil truck accident litigation in Maryland.

Maryland legislators are debating a negligent driving law that will greatly increase the penalty for causing the death of another while behind the wheel. Maryland law enforcement personnel are frustrated by what they see as a “gaping hole” in state law that allows a driver who kills another to receive only a traffic citation and a fine.

Currently, under Maryland law, a driver is guilty of felony vehicular manslaughter only when the driver kills another while exhibiting a “wanton or reckless disregard for human life.” This is a high standard to meet at trial and, many times, defendants are found not guilty. If a driver’s negligence falls short of this standard but still kills another, a police officer can only ticket the guilty party and allow him on his way. As a result, if a sober driver runs a red light and kills someone, the driver is likely only to receive a reckless driving ticket and a fine.

The bill currently before the legislature would make it a misdemeanor when a driver kills another through a “substantial deviation from the standard of care…[normally] exercised by a reasonable motorist.” In its current form, the misdemeanor provides for a maximum prison sentence of three years and a fine of up to $5,000. Reasonable care is that level of prudence that an ordinary person would exercise in a given situation. In the example above, it would seem clear that blatantly running a red light would be a substantial deviation from the standard of care, and that driver would be guilty of a misdemeanor.

Our truck accident attorneys commend the foresight of Maryland’s legislators in proposing a bill to increase penalties for negligent driving which results in another’s death. The law, however, could impact the timeline of future civil truck accident litigation. If the state prosecutes a truck driver for violation of criminal law, the victim’s family typically would have to wait until the criminal case is finished in order bring their civil suit to trial.

The criminal justice system is notoriously slow moving and time has a deleterious effect on witnesses’ recall of events and an attorney’s ability to find records pertinent a civil case. This delay makes it that even more important that Maryland truck accident attorneys quickly gather information and take witness statements because a potential trial may be more than a year after the event.

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