Fatal car accidents in Maryland occur with unfortunate regularity. As of September 19, 2023, Maryland has had 428 fatal car accidents this year. Sadly, this is already more than the entire year of 2022, which was 404 total fatalities. This is particularly disheartening given the advances in safety technology that car manufacturers advertise as incredible. Despite these claims, fatalities in Maryland are on the rise.
While it is difficult to pinpoint precisely the causes of these accidents, we can still take steps to ensure safer roads for all drivers. Below, we’d like to highlight suggestions for staying safe on the road and how to claim for a fatal car accident in Maryland.
The best thing to do is to avoid distractions and focus on the road. In 2023, distractions are abundant. There is also an argument that our attention spans are shrinking. However, accidents can happen on the road in the blink of an eye. So, it is essential to stay alert at all times. To be clear, some accidents are unavoidable. But you can still drive defensively.
The best tip for driving defensively is to maintain a safe distance between you and the car in front of you. What you should deem safe depends on the surrounding circumstances. For example, if it is raining or snowing, you may want to maintain a more significant gap than if the weather conditions are ideal. Further, a more substantial gap may be prudent if you travel on I-95 or US-40 in Maryland, where speeds are higher than the beltway or some other high.
A second tip to avoid fatal car accidents in Maryland is anticipating likely or potential hazards. Again, this is only sometimes possible. However, there are some circumstances where a driver behaves erratically, and avoiding that driver is defensive and safer for everyone. One clear example is when a driver is speeding. Your best bet is to stay away from them if possible. This does not mean unsafely conducting a lane change as quickly as possible. Instead, slightly reduce your speed or, at the least, do not move into the lane the reckless driver is in until they have safely passed. It would be best if you also were wary of pedestrians, road work, and other hazards that may be on the road. Each of these can be unpredictable and leave something that should not be in your path on the road.
Claiming for a fatal car accident in Maryland acts similarly to most other claims for negligent or intentional conduct. For a negligence claim, you must prove the four elements that go into a valid claim. Those elements are duty, breach, causation, and damages. Of course, each component requires work from a competent attorney as each aspect is complex. The difference between a fatal car accident claim in Maryland and a traditional negligence claim is the parties can make a claim. First is the estate of the decedent. The estate, before being distributed according to the will, has a claim against the defendant tortfeasor. Once that claim is taken care of, the estate will be distributed. Second, close family members of the decedent can make a wrongful death claim. This is an independent cause of action from the estate’s claim against the defendant.
The amount you can recover for a fatal car accident in Maryland varies depending on the damages suffered. While it may feel bleak to think of a fatality in terms of dollars and cents, that is the court’s imperfect remedy for the death of a party in a car accident. The court considers factors such as the decedent’s age, income, pain and suffering, medical expenses, if applicable, funeral expenses, property damage, and more.
Fatal car accidents in Maryland are among the most devastating cases we handle. We have handled thousands of cases like these and are well-versed in the intricacies of Maryland tort law and civil procedure. If you have any questions about the information above, please call today for a free consultation.