Earlier this month in Vermont, a doctor was struck by an allegedly drunk driver as he was enjoying an afternoon bike ride before dinner. According to one local Vermont news report, the man and his wife were preparing to have guests over for dinner, and, while his wife was preparing dinner, the man left to go on a bike ride on his regular route. Sadly, he never returned home.
After police arrived and began their investigation, it was discovered that the woman driving the Chevy Cruze was allegedly intoxicated. Specifically, the officers administered a blood-alcohol test and found that her blood-alcohol content (BAC) was .123. The legal limit for BAC in both Vermont and Maryland is .08. She was arrested on suspicion of DUI and released a short time later.
An investigation is still underway, and officers told reporters that if there is sufficient evidence that the woman’s intoxication was the cause of the fatal accident, the charges may be amended to reflect homicide by DUI.
DUI Related Accidents in Maryland
In Maryland, like Vermont, driving under the influence of drugs or alcohol is illegal, and those found violating this law can face criminal penalties. However, a criminal conviction is often little solace for the family of a deceased accident victim.
Thankfully, Maryland lawmakers have created a remedy for the aggrieved family members of a fatal traffic accident in the form of a wrongful death action.
Wrongful Death Lawsuits in Maryland
In order to bring a wrongful death action, a plaintiff must be related to the deceased in some way. The law prefers that the party bringing the lawsuit be a spouse, child, or parent. These are the “primary beneficiaries.” However, if no primary beneficiary exists, a secondary beneficiary may bring the suit. A second beneficiary is any “person related to the deceased person by blood or marriage who was substantially dependent upon the deceased.”
Once it is established that the proper plaintiff is bringing the lawsuit, the plaintiff must prove that the defendant’s negligent conduct was the cause of the death of their loved one. This can be accomplished in a number of ways, but the best place to begin is by contacting a dedicated attorney to review your case.
Have You Lost a Loved One in a Maryland Bicycle Accident?
If you have recently lost a loved one in a Maryland motorcycle or bike accident, you may be entitled to monetary damages through a wrongful death action. If you are successful, you may be entitled to compensation for medical expenses as well as loss of companionship. To learn more, and to speak with a skilled attorney about your case, call one of the attorneys at the Maryland personal injury law firm of Lebowitz & Mzhen, LLC. The dedicated advocates at Lebowitz & Mzhen have decades of experience helping grieving Marylanders get the justice they deserve. Call 410-654-3600 today.
More Blog Posts:
Virginia Man Killed in Motorcycle Accident Involving Two Motorcycles and One Truck in Fairfax County, Maryland Motorcycle Accident Lawyer Blog, published May 27, 2015.
Maryland Man Dies in Bicycle Accident, Maryland Motorcycle Accident Lawyer Blog, published June 19, 2015.