WGK Personal Injury Lawyers | May 21, 2025 | Car Accidents
Fatal car accidents result in thousands of deaths in the United States each year. There were 208 fatalities caused by car accidents in Maryland in 2024. As of May 16, 2025, there are 150 reported fatalities in Maryland traffic accidents. This guide to fatal traffic accident claims in Maryland provides an overview for families who have lost loved ones in a car crash.
Common Causes of Fatal Traffic Accidents in Maryland
Driver negligence is one of the most common causes of fatal traffic accidents. Examples of negligence include:
- Driving under the influence
- Speeding and reckless driving
- Following too closely and tailgating
- Distracted driving and inattention
- Failing to follow Maryland traffic laws
- Fatigued and drowsy driving
- Road rage and aggressive driving
- Failing to yield the right of way
In addition to driver negligence, other factors can cause a fatal car accident. Dangerous road conditions could lead to a crash. If so, a government agency, construction company, maintenance facility, or other party could be liable for causing the crash. Trucking companies and parties involved in a truck crash could share liability for a fatal crash.
All parties who contributed to the cause of the crash can share liability for a wrongful death claim. Determining the cause of the crash is crucial. An experienced Maryland car accident lawyer can investigate the crash and gather evidence to prove a claim.
Legal Options for Family Members After a Fatal Car Accident in Maryland
Maryland tort laws provide family members with two types of claims for a fatal traffic accident. The law provides for monetary damages. A financial recovery can never ease the grief of losing a loved one.
However, wrongful death claims and survival actions can provide financial relief for families. Holding the parties who caused their loved one’s death accountable for their wrongdoing can also bring a measure of justice to the family.
Wrongful Death Claims for Fatal Car Accidents in Maryland
A wrongful death occurs when a party’s negligence, intentional acts, or other wrongdoing results in someone’s death. Maryland’s Wrongful Death Act allows the family to file a wrongful death claim seeking compensation for damages.
Only specific family members can file a claim. The law states that a wrongful death claim is intended to benefit the surviving spouse, parents, and/or children. If none of these family members survive or exist, any person related by blood or marriage may file the claim.
A wrongful death claim compensates the family members for their losses. The family members can recover economic and non-economic damages, including:
- Reasonable funeral and burial expenses
- Loss of income, financial support, and benefits
- Pain and suffering
- Loss of companionship, protection, society, and comfort
- The medical bills the family paid incurred before their loved one’s death
- Mental anguish
- Loss of advice, training, education, attention, counsel, and guidance
- Loss of parental or marital care
The family members may also seek punitive damages for a wrongful death. A jury may award punitive damages as a punishment for a defendant’s gross negligence or intentional acts that caused a person’s death.
Survival Actions Claims for Fatal Car Accidents in Maryland
A survival action is filed on behalf of the victim instead of the surviving family members. The decedent’s estate files a survival action. The action compensates the estate for the medical expenses, lost wages, and pain and suffering the victim experienced before their death.
A survival action is a claim the person would have been able to file themselves had they survived the car accident. The damages are paid to the estate instead of the surviving family members. After the person’s final bills are paid, any remaining funds are disbursed according to the person’s will. If they did not have a will, the estate would disburse the funds according to Maryland’s intestate laws.
What Is the Deadline to File a Wrongful Death or Survival Action Claim in Maryland?
Maryland’s statute of limitations places a three-year deadline for filing claims for wrongful deaths and survival actions. The three years begin on the date of the person’s death. If you do not file a lawsuit before the three years expire, you lose the right to pursue a claim in court.
There are exceptions to the statute of limitations. It is always in your best interest to seek legal advice as soon as possible to avoid losing the right to file a lawsuit.
When Should I Contact an Attorney About a Wrongful Death in Maryland?
The family and estate have the burden of proving the elements of their claims. Therefore, it is wise to contact an attorney for help. A Baltimore wrongful death lawyer investigates the claim, gathers evidence, and prepares the legal arguments for the claim. The attorney also understands how to correctly value damages to maximize the amount the family receives.
If you have questions about a wrongful death or survival claim, call an attorney for a free consultation.
Contact the Maryland Car Accident Law Firm of WGK Personal Injury Lawyers Today For Help
For more information contact the Baltimore car accident law firm of WGK Personal Injury Lawyers to schedule a free initial consultation.
WGK Personal Injury Lawyers
14 W Madison St, Baltimore, MD 21201, United States
(410) 837-2144
WGK Personal Injury Lawyers – Dundalk Office
7329 Holabird Ave Suite 3, Dundalk, MD 21222
By appointment only
(410) 970-3080