Wrong-Way I-95 Crash in Elkridge Kills Two: Families’ Legal Rights

What Happened

Two drivers died early on Saturday, November 7, 2026, in a crash on northbound Interstate 95 in Elkridge, Howard County, according to Maryland State Police. Troopers from the Waterloo Barrack arrived shortly before 4:30 a.m. The crash happened near mile marker 44, just north of the MD 100 interchange.

Police say their early findings suggest a 2025 Jeep Gladiator was heading south in the northbound lanes. It reportedly struck a 2015 Jeep Grand Cherokee that was traveling north. Emergency medical crews declared both drivers dead at the scene. Investigators have said speed and alcohol may have been factors. Officials have not said publicly how either factor relates to either driver.

The Maryland State Police Crash Team is still investigating, and no final cause has been released. All northbound lanes and one southbound lane were closed for hours while crews cleared the wreckage. Northbound lanes reopened by mid-morning.

Our thoughts are with both families. We share this analysis to help Maryland families understand their options after wrong-way and impaired-driving crashes, not to assign blame.

Who May Be Liable

Every case turns on facts the investigation has not yet confirmed. Based on what has been reported, these parties could bear responsibility:

• The wrong-way driver’s estate. When an at-fault driver dies, a claim generally proceeds against that driver’s estate. In practice, the driver’s auto liability insurer usually responds. If investigators confirm the reported direction of travel, that estate may be liable to the other driver’s family.
• The vehicle owner. Suppose someone other than the driver owned the vehicle and knowingly let an unsafe or impaired person drive it. That owner could face a negligent entrustment claim.
• An employer. Reports do not indicate that either driver was working. If a driver was on the job, though, an employer could share responsibility.
• Anyone who served alcohol. Families often ask about this. Maryland generally does not allow “dram shop” claims against bars or restaurants that serve adult customers. Narrow exceptions exist, such as adults who knowingly give alcohol to underage drinkers.
• Government entities. In rare cases, road design, signage, or ramp layout comes under review after a wrong-way crash. Claims against public agencies have special notice rules and immunity defenses.
• Your own insurer. If the at-fault driver’s coverage falls short, uninsured/underinsured motorist (UM/UIM) coverage may help.

Legal Theories That May Apply

• Negligence: Every driver must use reasonable care. Entering an interstate against traffic, speeding, or driving impaired may be strong evidence that a driver failed to meet that duty.
• Traffic violations as evidence of negligence: In Maryland, breaking a traffic or DUI law does not automatically establish civil liability. It can still be powerful evidence that a driver was careless.
• Wrongful death: Maryland’s Wrongful Death Act lets certain close relatives recover for their own losses caused by a loved one’s death.
• Survival action: The deceased person’s estate may pursue the claims that person could have brought if they had lived, including funeral costs.
• Negligent entrustment: A vehicle owner who lends a car to someone they know, or should know, is unsafe could be held responsible.
• Contributory negligence (a defense): Maryland is one of the few states where a victim found even slightly at fault can be barred from recovering. Insurers may closely examine the other driver’s conduct for that reason.

Damages Victims May Recover

Depending on the facts, families may seek:

• Emergency response and medical bills
• Funeral and burial costs
• Lost financial support and household services the person would have provided
• Emotional losses for eligible relatives, sometimes called solatium. These include grief, mental anguish, and the loss of companionship, comfort, and guidance.
• Conscious pain and suffering before death, if the evidence supports it
• Punitive damages, but only in narrow cases. Maryland requires proof of “actual malice,” and courts have held that drunk driving alone generally does not meet that standard.

Maryland caps non-economic damages, and the limit changes each year. Wrongful death cases use their own cap calculation when there is more than one beneficiary.

A Note on Workers’ Compensation

Reports do not say whether either driver was working at the time, and we make no assumption. In general, Maryland workers’ compensation may apply if you are hurt or a loved one is killed while driving as part of a job. It may cover medical care, wage replacement, or death benefits for dependents, regardless of who caused the crash. A normal commute to or from work usually does not qualify, although exceptions exist. Workers’ compensation is separate from a third-party claim against an at-fault driver, and sometimes both can be pursued.

Evidence That Strengthens a Case

• The Maryland State Police crash reconstruction report
• Toxicology and medical examiner findings
• “Black box” (event data recorder) downloads from both vehicles
• 911 recordings, including any calls reporting a wrong-way vehicle before the crash
• Highway traffic camera footage
• Receipts, bar tabs, or phone data showing where a driver was beforehand
• Statements from other drivers who saw the crash
• The vehicles themselves, which should be preserved before they are scrapped

What to Do Next

1. Request the crash report once it is available, and follow the investigation.
2. Open an estate. A personal representative is generally needed to bring a survival claim.
3. Preserve evidence. Ask that the vehicles not be destroyed. A lawyer can send formal preservation letters.
4. Be careful with insurers. Do not give recorded statements or sign releases before you get legal advice.
5. Keep records of expenses, lost income, and how the loss has affected your family.
6. Watch the deadlines. Maryland generally allows three years for personal injury and wrongful death claims. Claims against a deceased person’s estate or a government agency can have much shorter deadlines.

If you or a loved one has been hurt, or you have lost a family member, in a wrong-way or impaired-driving crash in Maryland, you do not have to sort this out alone. The Law Office of Susan R Green, P.C. can review what happened and explain your options in a confidential conversation. Call (410)-494-7400 or visit https://www.hardball-law.com to talk with our team.

Frequently Asked Questions

Can my family sue if the driver who caused the crash also died?

Generally, yes. In Maryland, claims usually proceed against the at-fault driver’s estate, and that driver’s auto insurance policy typically responds. Claims against an estate can carry short deadlines, so getting legal advice early is important.

Who can file a wrongful death claim in Maryland?

The primary beneficiaries are a spouse, parents, and children of the person who died. If there are none, other relatives by blood or marriage who substantially depended on that person may qualify. Usually one lawsuit is brought on behalf of all eligible beneficiaries.

How long do I have to file a wrongful death lawsuit in Maryland?

The general deadline is three years from the date of death. Claims against an estate or a government agency may have much shorter notice requirements. Missing a deadline can end a claim, so talk with a lawyer as soon as you can.

Can I sue the bar that served a drunk driver in Maryland?

Usually not. Maryland generally does not hold bars or restaurants liable for crashes caused by adult customers they served. Limited exceptions may apply, such as adults who knowingly give alcohol to people under 21.

What if the at-fault driver didn’t have enough insurance?

Maryland requires drivers to carry uninsured motorist coverage, and many policies include underinsured motorist coverage as well. Minimum liability limits may not cover the full cost of a fatal crash, so your own policy may become an important source of recovery. Review your policy with a lawyer before you accept any settlement.

Does workers’ comp cover a crash if I was driving for work?

It may, if you were driving as part of your job when the crash happened. An ordinary commute to or from work usually is not covered, though there are exceptions. Workers’ compensation is separate from a claim against an at-fault driver, and in some cases you can pursue both.

Will being partly at fault hurt my claim in Maryland?

It could. Maryland follows contributory negligence, which means a victim found even slightly at fault may be barred from recovering. Insurers may raise this defense, so careful evidence gathering and legal guidance can make a real difference.

Original reporting: foxbaltimore.com.