Catonsville, MD asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Maryland

Q: My brother was struck by a car and killed in Baltimore Maryland the officers won't tell us anything what can we do

We have a estate lawyer for him but they won't tell them anything but that it's a active murder investigation, wouldn't it be vehicular manslaughter. officers turned the case over to the ASA but nobody called n told us that they won't let us see the video of the accident either or give us his belongings they didn't do blood work or test on the driver that hit him

2 Lawyer Answers
Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: The personal representative of the estate should retain a personal injury lawyer to pursue a survival action, and your brother’s heirs (wife, children, parents, siblings) should retain a personal injury lawyer to pursue a wrongful death action. I’m n these cases, the estate may prefer to not pursue a survival action. Both actions must be coordinated as there can only be one recovery. All persons who have the right to join in a wrongful death action must be notified and included in any claim. The lawyer retained can obtain police accident reports, secure video footage, etc. Some of the materials you want is evidence in a potential criminal prosecution against the driver. That is why the case is with the ASA for evaluation of possible charges, and is also why the police cannot immediately turn the materials over to you.

1 user found this answer helpful

Eric Todd Kirk
Eric Todd Kirk
Answered
  • Criminal Law Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: I am very sorry for your family's loss. I know that these are trying times but you must act relatively quickly here to ensure that all relevant information is preserved. You must immediately hire a personal injury attorney to pursue wrongful death and other appropriate actions. There any. Apparently there is an active investigation going on and information regarding this tragedy in the driver of the other vehicle might not be available now, but it certainly will be later and must be preserved. A lawyer retained to handle the estate would not pursue this for you as a matter of course. Again, sorry for your loss. Best of luck.

1 user found this answer helpful

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