Fatal Car Accident Claims in Maryland

Fatality risks are a serious concern for all who use Maryland’s extensive roadways, and the statistics certainly support this anxiety. Losing a loved one in a fatal car accident is a horrific tragedy. In addition to the grief associated with your loss, you may also have to face an uncertain future caused by the loss of your loved one’s companionship and support. Drivers who cause deadly auto accidents are sometimes arrested or cited for traffic violations, but that rarely helps the survivors cope with the immense financial burdens that often follow.

Most fatal Maryland car accidents can be attributed to driver error. This includes speeding, alcohol/drug impairment, inattention/distraction, fatigue, reckless driving, following too closely, and failure to obey heed traffic signals and laws. In many cases, drivers involved in fatal crashes were found to have engaged in “abrupt steering,” either overcorrection or an evasive maneuver.

Other facts in car crash deaths include inclement weather conditions, vehicle malfunctions (tire blow-outs being the most common), and poor road conditions. Interestingly, most crashes occur in clear, dry conditions during the day. This underscores the fact that usually, driver error is the issue.

A wrongful death claim or lawsuit can never bring back the person lost to a tragic fatal car collision, nor can it truly compensate the family for the permanent loss of a loved one. The loss of a loved one can be an emotionally devastating time for the whole family, and we understand that no amount of money in the world can compensate for that loss. Our goal by bringing a wrongful death claim is to help alleviate some of the financial burden and stress brought on by a fatal car crash in Maryland.

If the car crash was caused by someone’s negligence, you may be entitled to compensation. You do not have to pursue your claim alone. Our legal team at the Law Offices of Larry B. Litt can handle your case for you while you heal from your sudden loss.

Fatal Car Crash and Wrongful Death Claims

Many fatal car accidents are caused by negligence. Negligence is the failure of at least one of the other drivers to drive safely. When someone’s negligence results in another person’s death, the surviving family members can pursue a wrongful death claim. If successful, a wrongful death claim enables the victim’s loved ones to receive compensation for the following losses:

• Funeral and burial expenses
• Medical expenses incurred prior to the victim’s death
• Mental pain and suffering
• Loss of financial support and future income
• Loss of companionship

Wrongful death claims are complicated and difficult for non-lawyers to pursue. A Maryland car collision attorney with experience in handling fatal car accident cases can make sure your family receives the compensation they deserve and need.

Common Causes of Fatal Car Accidents

While almost any car crash can result in death, certain factors increase the likelihood of a fatal car accident. Some of these causes may be obvious while others may be more surprising.

Driving while intoxicated

According to the Maryland Department of Transportation, alcohol-related fatalities account for almost one quarter of all fatal accidents in Maryland. Driving while under the influence of alcohol or drugs are one of the most often-cited causes of fatal car crashes. In 2023, for example, driving while under the influence of drugs or alcohol accounted for 320 fatal car accidents across Maryland.

Driving while intoxicated can slow the driver’s reflexes and impair their vision and judgment – impairments that can quickly lead to a car crash. Not only do drunk drivers have a difficult time avoiding road hazards and other potential accidents, but they are also more likely to cross into oncoming traffic, run traffic lights and stop signs, and speed excessively.

Even if the other driver is being prosecuted for DWI or DUI, you can still pursue a claim for damages if you have lost a loved one in a fatal drunk driving auto accident. A Maryland car collision attorney can help you gather the evidence you need to prove your case.

Distracted driving

With the proliferation of smartphones and other portable electronic devices, we have seen an increase in the number of fatal car crashes caused by distracted driving. The Maryland Department of Transportation reported that in 2023 there were 3,195 fatal car wrecks involving distracted drivers. Of these fatal accidents, 623 involved the use of a mobile phone. Drivers can be distracted by more than their phones. Fatal vehicle accidents were reportedly caused by additional distractions such as the following:

• Moving objects in the vehicle such as pets, children, and cargo
• Adjusting the radio or climate controls
• Eating or drinking
• Daydreaming

Aggressive or Reckless Driving

Aggressive driving is another common cause of fatal car crashes in Maryland that is often overlooked. Aggressive driving can include tailgating, stopping short, improper lane changes, or any behavior intended to aggravate the other driver. Reckless or careless driving can involve driving aggressively, as well as driving erratically and failing to follow basic traffic laws and rules of the road.

Accounting to the Maryland Department of Transportation, aggressive and reckless driving contributed to more than 12,000 car accidents in 2023 in Maryland. Of those auto collisions, 328 resulted in fatalities.

Reckless or aggressive driving can be somewhat difficult to prove, even in situations that result in fatal auto accidents.

Speeding

Perhaps the most common cause of fatal car accidents is speeding. The 2023 statistics from the Maryland Department of Transportation reveals the following:

• 272 fatal car crashes were caused by exceeding the posted speed limit
• 118 fatal auto wrecks were due to driving too fast for conditions
• 134 fatal vehicle collisions were due to failing to reduce speed

Speed is a factor in more fatal auto accidents than any other cause. Exceeding the speed limit is proof of negligence. If you have lost a loved one in a car accident caused by speeding, a Baltimore car crash lawyer can review your case and determine whether you may be entitled to compensation.

Maryland’s Wrongful Death Law

In Maryland, wrongful death claims allow certain family members to file a claim or lawsuit if someone else’s negligence or wrongful act caused their loved one’s death. Maryland’s wrongful death law is designed to provide financial relief to surviving family members, covering losses such as funeral and burial expenses, medical bills incurred prior to your loved one’s death, pain and suffering, and loss of financial support.

There are two categories of individuals who may file a wrongful death claim; the primary beneficiaries and secondary beneficiaries. Primary beneficiaries include spouses, children, and parents of the deceased. If there are no primary beneficiaries, secondary beneficiaries, such as siblings or cousins, may file the claim. It is important to note that Maryland law has a three-year statute of limitations for wrongful death claims, meaning that family members have a limited time to pursue legal action after the fatal car crash.

FAQ: What Is the Difference Between a Survivor Claim and a Wrongful Death Claim?

There are two types of claims that may arise after a fatal car crash; survivor claims and wrongful death claims. Though they may sound similar, they serve different purposes.

A wrongful death claim is filed by one or more family members of the deceased and focuses on the losses they have experienced due to their loved one’s death. This includes compensation for funeral and burial expenses, lost income, and the emotional toll of losing a loved one.

A survivor claim, on the other hand, is filed on behalf of the deceased person’s estate. This type of claim seeks compensation for the pain and suffering the deceased experienced between the time of the auto collision and their death. It also covers medical bills and any lost wages the person would have earned during that period. Essentially, a survivor claim focuses on the injuries and damages that the deceased endured before passing away.

If You Have Lost a Loved One in a Fatal Car Accident, Contact a Maryland Attorney at the Law Offices of Larry B. Litt

Losing a loved one in a car accident is an unimaginable tragedy and is never easy. The thought of filing a fatal car crash claim can add to the burden. Yet, it is a reality that hundreds of Maryland families must face each year. Fatal car accidents remain a serious issue in Maryland.

The Maryland car crash attorneys at the Law Offices of Larry B. Litt understand the challenges you face when you have lost a family member in a fatal car wreck. Compassionate and dedicated, we work with you every step of the way until you recover the compensation you deserve. We take the time to get to know your family, understand what is important to you, and then prepare our representation accordingly. That way you can rest assured that your case – and your family’s emotional well-being-are in good hands.

To learn more about how our legal team can help, contact us today at 443-844-1528 to schedule your free no obligation consultation. We are available to take your call 24/7/365.