Maryland Drunk Driving Car Accident Lawyer

Maryland is below the national average for drunk driving fatalities. While great, there were still 167 fatalities in Maryland due to drunk driving in 2019. While this is better than average, it is nowhere near good enough. Everyone knows drunk driving is selfish. It affects not only the people who know and love the driver, but everyone else on the road.

Even without drunk drivers, driving is dangerous enough. There are substantial distractions, people calling, other drivers who are in a rush. As drivers, we must behave prudently and defensively to protect ourselves. But unfortunately, this is not always enough. Our attorneys continue to fight every day in Maryland to ensure that drunk drivers are held responsible for their actions. Gelb & Gelb’s Maryland drunk driving car accident lawyers have been handling cases for clients for nearly 70 years.

How to Handle a Drunk Driving Accident in Maryland

If you are hit by a drunk driver in Maryland, first seek medical treatment if necessary. If you are badly injured, the legal work can wait; your health is paramount. However, it is important to seek legal counsel from a Maryland drunk driving car accident lawyer as soon as possible. Ideally, this will be within the first couple days of the accident. There are certain issues you can be advised on which are fact dependent and cannot adequately be described generally without knowing your unique facts.

What is the Drunk Driving Law in Maryland?

We are a personal injury law firm, so we will touch on the civil liability for drunk driving in Maryland here. In 2016, Maryland enacted the Drunk Driving Reduction Act (“Noah’s Law”). Noah Leotta was a police officer who died due to the recklessness of a drunk driver. Noah’s Law requires that a device be installed in the car of all convicted drunk drivers. This device requires the driver to blow into an ignition device to prove he is not legally intoxicated for the car to ignite. This device is to remain in the convict’s car for six months. Unfortunately, Maryland has the sixth highest number of interlock devices installed in the nation. As of 2023, there are 7,000 drivers enrolled.

How Much Can I Recover?

The general rule is that punitive damages are awarded to punish and deter for willful, wanton, or reckless behavior. In most states, this includes drunk driving. But in Maryland, the 1993 case of Komornik v. Sparks held that an award of punitive damages generally must be based upon actual malice. Actual malice is conduct characterized by evil or wrongful motive, intent to injure, knowing and deliberate wrongdoing, and ill will or fraud. Regarding drunk driving in Maryland, actual malice may be shown if we can prove that the drunk driving was conducted knowingly and deliberately. This would need to be proven by clear and convincing evidence.

If we are able to show there was actual malice by clear and convincing evidence, you may be entitled to punitive damages. Punitive damages are awarded as a multiple of, generally, up to 10 times the amount of your compensatory damages. While this sounds complex, it is all to say that you may be entitled to a substantially larger amount for your injuries if your accident involves a drunk driver. If you seek more information or clarity on your case reach out to one of our Maryland drunk driving car accident lawyers today.

Can I Recover as a Passenger?

The personal injury law when you are a passenger is essentially the same as how it is for the driver. Like for the driver, if the car you are in at the time of accident is hit and you are injured due to someone else’s negligence, then you may have a claim. However, this can certainly become more complicated. For example, if you are in the car with a drunk driver and the driver crashes, then you may have a claim against your driver for your injuries. Although, this will depend primarily on whether you are found contributorily negligent for getting in the car with the drunk driver. Generally, this question ultimately hinges on whether you knew or should have known that the driver was drunk. But as always, every accident is unique.

Contact a Maryland Drunk Driving Car Accident Lawyer Today

If you believe you may have a claim, or you have any questions related to this article, pick up the phone and contact us. We are happy to talk with you.