Highway Worker Killed on Capital Beltway While Assisting After Crash

On Saturday, April 25, a tragic crash claimed the life of a highway worker who arrived on site to assist with an earlier collision. According to reports, police responded to the Inner Loop of the Capital Beltway/I-495 in Forestville, Prince George’s County, Maryland, at around 11:45 a.m. Two vehicles had been involved in a crash, prompting the Maryland Department of Transportation State Highway Administration to send crews to assist with lane closures. As 40-year-old Robert Dempsey was setting up cones as part of the crash response/lane closure work, a Mazda driven by a 41-year-old struck him. Dempsey was declared dead at the scene, while the driver who struck him was transported to a local hospital. No other injuries were reported.

The incident led to lane closures for almost five hours as police conducted their investigation. Reports indicate that the Maryland State Police Crash Team is continuing to investigate the fatal incident and that charges against the driver are currently pending. The Maryland Department of Transportation State Highway Administration responded with a statement expressing that they are “deeply saddened” by the crash. They reminded motorists to slow down, move over, and stay alert near roadway workers.

Why crash scenes put highway workers at risk

Workers are often exposed to fast-moving traffic while trying to protect drivers and first responders. Secondary crashes can lead to tragic outcomes, with a relatively minor collision resulting in a deadly wreck. The reason this takes place is often that drivers failed to slow down for stopped traffic, did not move over to give space to emergency responders and other workers, became distracted by the crash scene, ignored traffic control devices, or otherwise failed to exercise proper caution as they passed through the area.

This crash is, sadly, an example of what happens when drivers don’t use caution to protect those performing roadway safety functions – like setting up cones after an earlier collision. Maryland has roadside safety rules meant to protect people like Dempsey, who respond after car crashes, not just the people involved in the original collision.

Maryland’s Move Over Law

Maryland’s Move Over Law requires drivers to move over or slow down when approaching certain stopped, standing, or parked vehicles displaying warning signals, including hazard lights, road flares, traffic cones, caution signs, or other emergency/caution signals. Under Maryland Transportation Code § 21-405, vehicles approaching from the rear must move into an available lane not immediately adjacent to the stopped vehicle (if it is safe to do so). If moving to the side isn’t possible or safe, the driver must slow to a reasonable speed. The law doesn’t just apply to emergency vehicles like police cars and ambulances, but applies more broadly, including to service vehicles, tow trucks, commercial vehicles providing emergency maintenance, waste/recycling vehicles, and vehicles using caution signals such as traffic cones or nonvehicular warning lights.

When a driver’s negligence causes a fatal roadside crash

When a driver’s negligence causes injury or death to another person, the law often allows for the victim or their family to hold that person liable for their actions. Potential negligence issues that may arise as a result of a crash like this one include:

• The failure to move over
• The failure to slow down
• Distracted driving
• Speeding too fast for the conditions
• The failure to keep a proper lookout
• Following too closely in congested traffic
• Ignoring cones, signs, or lane closures

Investigators will likely examine whether speed, distraction, failure to move over, or other driver conduct contributed to the collision. The bottom line is that when a motorist fails to use reasonable care near a crash scene, the results can be catastrophic.

Wrongful death and survival claims after fatal Maryland crashes

When a worker is killed because of another person’s negligence, surviving family members may have a potential wrongful death claim. These claims generally focus on losses suffered by surviving family members. Survival actions are a separate estate-based claim that can address losses the victim could have pursued had they survived, including damages for that person’s pain and suffering prior to death.

Potential damages in a wrongful death case may include:

• Funeral and burial expenses
• Loss of financial support
• Loss of household services
• Loss of companionship and guidance
• Emotional losses suffered by eligible surviving family members
• Estate-based damages (where legally supported)

It’s worth noting that Maryland’s wrongful death law allows only certain relatives to file claims, and that there are strict time limits for filing a case. Speaking to an attorney right away is extremely important to preserve all legal options.

A reminder to Maryland drivers to slow down, move over, and stay alert

This case is a tragic event for Robert Dempsey’s family and the broader community. Drivers are responsible for minimizing the risk of these types of crashes. Anytime a motorist travels through a work zone, crash scene, or other similar situation, they should exercise extreme caution. A few things to keep in mind include:

• Watch for cones, flares, caution signs, and flashing lights
• Move over when safe
• Slow down when moving over is not possible
• Give workers and responders as much room as possible
• Put away distractions whenever driving, and especially near crash scenes
• Expect stopped traffic and sudden lane changes near emergency responses

Talk to Nace Law Group today

At Nace Law Group, we’ve represented plaintiffs in personal injury, medical malpractice, defective product, and catastrophic injury cases for more than 40 years. Our attorneys handle serious motor vehicle accident cases and complex litigation involving life-changing injuries and losses. If you or a loved one suffered an injury in Maryland or the D.C. area as the result of a negligent motorist, contact Nace Law Group for a free, no-obligation case review. Families should never have to face a fatal crash investigation alone. We’re here to help you evaluate your legal options.