When a young Maryland mother climbs into a rideshare in the early morning hours, she trusts that the driver, the vehicle, and every other motorist on the road will do their part to get her home safely. When that trust is broken and a family is left burying a loved one, the questions come fast: What happened? Who is responsible? And what legal options exist for the family left behind?
At The Law Office of Susan R Green, P.C., we handle these questions every day. Below is an attorney’s perspective on a recent Prince George’s County tragedy and what Maryland families in similar situations should understand about their rights.
What Happened
According to reports and information released by Maryland State Police, a serious collision occurred in the early morning hours of Sunday, July 12, at the intersection of Route 301 and Governors Park Lane in Upper Marlboro. Three people are reported to have lost their lives: a 22-year-old Glen Burnie mother who was allegedly a passenger in a Tesla being used as a rideshare vehicle, and a married couple, ages 48 and 47, from Friendship, Maryland, who were reportedly riding a Harley-Davidson motorcycle.
The young passenger leaves behind a one-year-old son. Her family has launched a public fundraiser to help cover funeral costs and to support the child she leaves behind. Investigators have not, based on the public reporting available, made a final determination as to fault. The facts described here reflect the current state of media accounts and are subject to change as the Maryland State Police investigation continues.
Who May Be Liable
In a multi-vehicle fatal crash of this nature, several parties could be liable, depending on what the investigation ultimately reveals:
- The rideshare driver. If the driver of the Tesla is alleged to have operated the vehicle negligently, such as failing to yield, driving distracted, or violating a traffic control device, that individual may be liable for the harm caused to passengers and other roadway users.
- The rideshare company. Companies such as Uber and Lyft typically carry substantial third-party liability coverage that applies when a driver is actively engaged in a trip. Depending on the driver’s status at the time of the crash, that policy may be available to the passenger’s family.
- The motorcycle operator. If the motorcyclist is alleged to have contributed to the collision, his estate or insurance carrier could be a source of recovery.
- Other drivers or third parties. If a phantom vehicle, roadway defect, or other party contributed to the crash, additional defendants may be identified.
- Vehicle or component manufacturers. If a mechanical or software issue with either vehicle is alleged to have played a role, a product liability claim against a manufacturer could be considered.
Until the investigation is complete, no party should be presumed at fault. But families in this situation deserve a lawyer who is examining every possible avenue for accountability.
Legal Theories That May Apply
Several legal theories can apply in a Maryland fatal crash case like this one:
- Negligence. The core theory in most car crash cases: a driver owed a duty of care, breached that duty, and caused foreseeable harm.
- Negligence per se. If a driver is alleged to have violated a traffic statute, that violation can serve as evidence of negligence.
- Wrongful death. Under Maryland’s Wrongful Death Act, certain family members, generally a spouse, parent, or child, may bring a claim for the losses they personally suffered because of a loved one’s death.
- Survival action. Maryland also allows a separate claim, brought by the personal representative of the estate, for damages the decedent could have pursued had she lived, such as pre-death pain and suffering and medical expenses.
- Common carrier and rideshare liability. Rideshare passengers are owed a high standard of care, and rideshare companies’ insurance policies may provide coverage even where the driver is an independent contractor.
- Product liability. If a defect in a vehicle’s systems allegedly contributed to the crash, claims for design defect, manufacturing defect, or failure to warn may be available against the manufacturer.
Damages Victims May Recover
When a Maryland family loses a loved one in a crash caused by another party’s alleged negligence, the categories of damages that may be recoverable often include:
- Economic losses such as medical bills incurred before death, funeral and burial expenses, and the lost financial support and services the decedent would have provided.
- Non-economic losses including the family’s mental anguish, emotional pain, and loss of the deceased’s companionship, guidance, and society. Maryland places a statutory cap on non-economic damages, and that cap is generally higher in wrongful death cases involving two or more eligible beneficiaries.
- Survival damages for the pain, suffering, and other losses the decedent experienced between the moment of injury and death.
- Loss of parental care and guidance, which is particularly significant when the person who died leaves behind a young child.
- Punitive damages in rare cases where a defendant’s conduct is proven to have been intentional or malicious. Maryland’s punitive damages standard is demanding, and these damages are not available in every case.
Every family’s losses are different, and the value of any claim depends on the specific facts, the insurance available, and the evidence developed.
Evidence That Strengthens a Case
Crashes involving modern vehicles, rideshare platforms, and motorcycles produce a surprising amount of evidence, if it is preserved quickly. Key sources may include:
- The Maryland State Police crash reconstruction report and any supplemental investigative findings.
- Event data recorder (“black box”) information from the involved vehicles, including data unique to Tesla vehicles such as Autopilot status, speed, braking, and steering inputs.
- Rideshare trip records, GPS data, driver status logs, and in-app messages.
- Dashcam and interior camera footage, if any was recorded.
- Traffic and business surveillance video from cameras near the intersection.
- 911 call recordings and dispatch logs.
- Cell phone records to evaluate potential distracted driving.
- Toxicology results, autopsy findings, and medical records.
- Statements from independent eyewitnesses.
- Vehicle maintenance and inspection records.
Much of this evidence is time-sensitive. Video is often overwritten within days, and vehicle data can be lost when a vehicle is repaired or salvaged. Prompt legal action helps ensure critical proof is preserved.
What to Do Next
If you have lost a loved one or been seriously injured in a Maryland crash, a few careful steps early on can protect your family’s rights:
- Preserve evidence. Request that vehicles not be released, sold, or repaired until they can be inspected. Save any photos, texts, or receipts related to the incident.
- Be cautious with insurers. Adjusters, including those representing a rideshare company, may reach out quickly. You are not required to give a recorded statement or accept an early offer. Politely decline until you have counsel.
- Track expenses and impacts. Keep funeral bills, medical records, and notes about how the loss is affecting the family day to day.
- Watch the deadlines. Maryland generally allows three years to file most personal injury and wrongful death lawsuits, but shorter deadlines may apply if a government entity is involved. Waiting too long can bar a claim entirely.
- Talk to a lawyer early. A consultation costs nothing, and even if you decide not to move forward, you will know where you stand.
If you or a loved one has been affected by a fatal or serious crash in Maryland, The Law Office of Susan R Green, P.C. is here to help you understand your options with honesty and compassion. You can reach our team at (410)-494-7400 or visit https://www.hardball-law.com to request a free, confidential case review.
Frequently Asked Questions
Can I sue if my loved one was killed as a passenger in a rideshare in Maryland?
Yes, eligible family members may be able to bring a wrongful death claim if another party’s alleged negligence caused the death. Rideshare companies typically carry significant liability insurance that may apply when a driver is engaged in a trip. An attorney can review the facts and identify the insurance policies that may be available.
Who can file a wrongful death claim in Maryland?
Maryland’s Wrongful Death Act generally allows a spouse, parent, or child of the deceased to bring the claim. When there is no such primary beneficiary, other relatives who were substantially dependent on the deceased may qualify. A separate “survival” claim is brought by the personal representative of the estate.
How long do I have to file a wrongful death lawsuit in Maryland?
Maryland generally imposes a three-year statute of limitations for wrongful death cases, measured from the date of death. Shorter notice deadlines can apply if a government vehicle or public entity was involved. Because deadlines are strict, it is wise to speak with a lawyer as soon as possible.
What if the rideshare driver says they were not “on the app” at the time?
The driver’s app status is a critical fact, because rideshare companies’ insurance coverage depends on whether the driver was logged in, waiting for a ride request, or actively transporting a passenger. Data from the rideshare platform can confirm the driver’s status. If the passenger was in the vehicle for a trip, the highest tier of coverage typically applies.
Can the family recover money for the child left behind?
Yes. Maryland law recognizes damages for the loss of parental care, guidance, companionship, and financial support that a minor child suffers when a parent is killed. These damages can be a significant part of a wrongful death claim and may be structured to benefit the child over time.
What if more than one driver was at fault?
Maryland follows a strict contributory negligence rule, which means a plaintiff’s own significant fault can bar recovery. However, when multiple defendants share fault and the injured person or decedent was not at fault, each defendant may be held responsible. Sorting out fault among multiple drivers is one reason experienced legal representation matters.
Do I have to pay anything up front to hire a personal injury lawyer?
Most Maryland personal injury and wrongful death cases, including those handled by our firm, are taken on a contingency fee basis. That means there are no up-front legal fees, and attorney’s fees are only paid if the case results in a recovery. Initial consultations are typically free.
What if a vehicle defect or Autopilot system was involved in the crash?
If a mechanical or software issue is alleged to have contributed to the collision, a product liability claim against the manufacturer may be possible in addition to claims against the drivers involved. These cases require prompt preservation of the vehicle and its data. An attorney can arrange for inspection and expert analysis before critical evidence is lost.
Original reporting: aol.com.
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