Legal Question in Civil Litigation in Maryland

Abandoned Vehicle on US Route 50 East (Bowie, MD) - Cause of Accident

Good day

On Monday, 6/9/03 I was on my way into work and happened upon an abandoned vehicle IN the roadway (not the shoulder). I am inquiring into whether this person (owner of abandoned vehicle)should be held liable for damages I sustained as I attempted to avoidhitting it. I swerved to miss the abandoned vehicle, and thank GOD I missed it and other cars - but I went on to hit the jersey wall, damaging my vehicle substantially. I do want to research what my rights are in going after this person that left their car in the middle of the road. My husband goes the same way to work and he said the same car was there at 5:00am the same morning. I happened upon it at 7:30am. It had been there for HOURS, maybe even overnight. MD State Police were at the scene and towed the abandoned car away, with mine.

And if it weren't bad enough, the tow company was instructed NOT to open the driver side door (I had to crawl out the passenger side). They pried open driver door and ruined left side panel and door. Estimate to fix the driver side is $1000. Not a good day, huh?


Asked on 6/26/03, 12:04 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Abandoned Vehicle on US Route 50 East (Bowie, MD) - Cause of Accident

You may have a valid claim for your damages, but there are two issues to be resolved. If the vehicle broke down and couldn't physically be moved, and the operator made a good faith effort to have it towed but the tow truck just didn't show up before you came upon it, he may not be responsible. Otherwise on either count, I think he would be. The second issue is one of contributory negligence. Unless the vehicle wasn't visible to you from a distance adequate to allow you to avoid it, such as if it was over the crest of an incline or around a curve, his insurance company may take the position that you're partly responsible for not paying adequate attention. Since Rt. 50 is by and large straight and level, this may be a real issue. Of course, you'll have to try to identify the owner/operator of the vehicle and see if there's any insurance on it. MVA can run a tag check for this. If there is insurance, that should be in the MVA records. If no insurance, you'll be dealing with your own carrier under your uninsured motorist provisions, if you have that coverage.

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Answered on 6/26/03, 4:04 pm


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