MARYLAND CAR ACCIDENT LAWYER Other sources of recovery

Maryland car accident lawyers invariably point their clients to the insurance company of the at fault driver for a recovery in a car accident. On appropriate facts, there may be a worker’s compensation claim. In the unfortunate situation that someone sustains personal injury by the intentional –as opposed  to negligent- conduct of another, recovery may be had pursuant to the Criminal Injuries Compensation Board.  Seasoned Maryland car accident lawyers advise their clients that recovery may be had pursuant to the section if the individual in injured by the conducted of a drunk driver.

MARYLAND CAR ACCIDENT LAWYER The Funeral Procession

Seasoned Maryland car accident lawyers know the rules of the road changed if a lawfully constituted funeral procession is involved [i.e. a vehicle has headlights, flashers and a prominently displayed funeral placard]. So long as the lead vehicle has entered the intersection on a green or yellow, vehicles may proceed through that intersection, even against a red light. Maryland car accident lawyers that have litigated accident cases in these instances, know that a vehicle not in the procession cannot cross the path of the procession, even if it has the green light.

MARYLAND CAR ACCIDENT LAWYER I was in a car accident at work. Do I have a claim.

Any experienced Maryland car accident lawyer will tell you the answer to any legal question always depends on the facts. If you were involved in a work related car accident, you may have multiple claims: a claim for worker’s compensation benefits; a claim against another at-fault driver; a claim for PIP benefits; and, depending on the facts, a claim for uninsured or underinsured motorist benefits. Depending on the severity, you may have additional claims that a seasoned Maryland car accident lawyer can suggest: social security benefits, short term or long term disability, or recovery from the criminal victims compensation board.

MARYLAND CAR ACCIDENT LAWYER I was in a car accident at work.

The bad news is, you were in a Baltimore car accident. The good news is, you likely have more than one potential source of recovery. Typically, if you are hurt at work, you’re limited to worker’s compensation benefits. And, if you are hurt by the negligence of another, you generally recover from that person, or their insurance. Maryland car accident lawyers now an exception to these rules occurs if someone is injured, in an accident caused by a third person, while they are on the clock. Your employer [or their worker’s compensation insurance company] will pay your lost wages and medical expenses. But aggressive Maryland car accident lawyers will also file a claim against that third party, in which you can recovery for wages, medical, and also pain and suffering, which is not awardable in worker’s compensation. The downside, that worker’s compensation insurance company will have a lien on any recovery you get from that third party.

MARYLAND CAR ACCIDENT LAWYER What is Whiplash?

Maryland car accident lawyers have likely heard this question, usually followed by “and why does it hurt so f$%#@@ing bad? Medicalnewstoday.comn tells us that “in a typical case the victim's body is initially pushed or accelerated forward while the head remains behind for an instant, making the head rock up and back, stretching and/or tearing some muscles, tendons and ligaments. The muscles react automatically (reflex motion) to bring the heard forward - sometimes this is overdone and the head may rock forward violently, further stretching and/or tearing muscles, tendons and ligaments.” As seasoned Maryland car accident lawyers know, those torn  ligaments and tendons become stiff, sore and painful after the typical Baltimore rear end collision car accident.

MARYLAND CAR ACCIDENT LAWYER Do I have to have insurance?

Maryland car accident lawyers will advise you, if you live in Maryland, or anywhere else in the land, the answer is yes, as all states have mandatory liability insurance. But the minimum requirements on those policies can be incongruous. Baltimore, one of the places that you are most likely to be involved in a car accident, is under the auspices of Maryland’s mandatory minimum of 30,000 in liability insurance coverage. One the other hand, two of the comparatively safer places to drive a car, Maine  and Arkansas have mandatory minimums of 50,000 in liability insurance. Maryland car accident lawyers familiar with the laws of other jurisdictions have seen the lack of correlation in other states as well. NJ and PA, two of the comparatively least safe places to operate a motor vehicle have mandatory minimums of only 15,000 in liability insurance.

MARYLAND CAR ACCIDENT LAWYER What type of accident is most likely?

Maryland car accident lawyers handling Baltimore car collision cases have seen all manner of impacts. Why does it matter? Some types of impacts are generally easy to win on liability questions [e.g. rear end collisions]. Seasoned Maryland car accident lawyers are keenly aware that some accidents are frequently difficult to win on liability questions [e.g. red light-green light cases]. The National Highway Traffic Safety Administration most recent statistics show us that rear end accidents are actually the most likely to occur [31.5.%]. Head on collisions are the least likely [2%].

MARYLAND CAR ACCIDENT LAWYER The role of the insurance company. Just what are the premiums?

An automobile insurance company makes money by, in part, taking in premiums, and, over time, having lower operating costs [e,g, monies paid out in claims] than those premiums. Just how much are those premiums? Maryland car accident lawyers know that Maryland is an expensive place to insure a car, costing about $929 year for full coverage. Maryland car accident lawyers handling Baltimore car collision cases may know that it costs a hell of a lot more to insure that same car in Baltimore City- $2842 a year, on average. [Source: Insurance Information Institute, 2012].

MARYLAND CAR ACCIDENT LAWYER The role of the insurance company, revisited.

I devoted a lot of internet real estate lately trying to convey the wealth, size, resources, and collective mentality of the property/casualty insurance industry. It’s difficult to paint this picture for the typical Baltimore car accident victim. Certainly, there have been some generalizations that would not apply to ever insurer. But most of my Maryland car accident lawyer colleagues would agree that the individual insurers cannot argue the financial figures demonstrating their enormous profitability- as it comes from their own spreadsheets. Let’s look at one further example. Imagine that you were under subpoenas and court orders to turn over certain documents. You routinely thumbed your nose at judges, senators, and state officials, and refused to produce anything, coming to the proceeding with an empty box. Imagine that the reason these judges, senators  and state officials wanted these documents is because they believed they would show that you routinely and systematically mistreated and took advantage of your family. But you just said no, you guys aren’t getting anything. How many days would you spend in jail, if you ever got out at all? Maryland car accident lawyers that follow the insurance industry know that one industry behemoth engaged in this very behavior for years.

MARYLAND CAR ACCIDENT LAWYER The role of the insurance company. Their computer, redux.

In another volume, I talked about ‘Colossus’, a program used by many insurance companies, notably Allstate, to value, and many would argue, undervalue Maryland automobile accident claims. Many Maryland car accident lawyers have suggested for years the program can be manipulated to produce unfair “lowball” offers. Over the summer, a former Allstate employee gave some credence to that argument. The Chicago Tribune [6/4/12] quotes the former insurance insider as stating: “the real reason insurance companies are willing to invest millions in these [computer] systems is that they can dial down claims' payments to thousands of consumers at a time, regardless of whether these payouts are fair." Of course, there is really nothing even the most skilled Maryland car accident lawyer can do about the use of Colossus or other systems. The only real option is to reject the Colossus number, file suit, and let the jury decide the true value of a Maryland automobile accident claim.

MARYLAND CAR ACCIDENT LAWYER The role of the insurance company – What does that little umbrella

Traveler’s is the 9^th auto insurance company in this country. Maryland car accident lawyers have seen that, when trying to sell insurance and collect premiums, Traveler’s clearly acknowledges that automobile accident claims can readily be substantial. Their webpage notes “[w]hether it's a serious auto accident involving pricey medical bills or an incident on your property, you can quickly find yourself responsible for damages that exceed the limits on your auto policies. And an expensive judgment is the last thing you want to worry about.” While the statistics are not available, any Maryland car accident lawyer I know would be very interested to see the number of times a Traveler’s adjuster took the position that a plaintiff’s damages “quickly” exceeded the policy limits. In any event had an off year last year,  with only $618, million in profits, down from $895 million the year before.

MARYLAND CAR ACCIDENT LAWYER The role of the insurance company - "...bum-pa-dum-pa-dum-pum"

We are Farmers, and we make a lot of money. Farmer’s Insurance Group is the nation’s third largest auto insurance company [or fifth, depending on how you crunch the numbers]. Maryland car accident lawyers know that a few years ago, Farmers purchased 21^st Century Insurance – for 1.9 billion dollars. That sounds like a massive sum, and it is, but that’s also about what Farmer’s declared in profits -for just one recent year. Modern insurance companies are so diversified that their bottom line is not wholly dependent on limiting the amount paid out in claims, but that business model still exists. Maryland car accident lawyers are well aware that two methods to limit claim payouts [and increase profits] are to pay as little as possible per claim, or to just deny claims outright.

MARYLAND CAR ACCIDENT LAWYER Just How Accurate are the Numbers?

Several recent posts have discussed car and automobile accident statistics published by National Highway Traffic Safety Administration [NHTSA]. Some Maryland car accident lawyers familiar with the studies have noted some anomalies. For example, the study recites that in 2010, 32,885 people died in motor vehicle accidents. The study sets forth that of that total, 32,704 were occupants of cars, trucks, riding on motorcycles or bicycles, or were pedestrians. That means that 181 people killed in a car and automobile accident were not occupants of cars, trucks, riding on motorcycles or bicycles, or were pedestrians. Some Maryland car accident lawyers have wondered where these unfortunate individuals were when they were involved in the car or automobile accident.

MARYLAND CAR ACCIDENT LAWYER -Pedestrians

I explore in another volume the particular rules applicable to pedestrians vis-à-vis Baltimore automobile accidents. Maryland car accident lawyers know that car v. pedestrian collisions occur more than one might think. According to the National Highway Traffic Safety Administration [NHTSA], there are 82,000 car on pedestrian exchanges every year that involve personal injury. [some 225 per day]. Maryland car accident lawyers are likely also aware of the grizzly fatality numbers: 4200 pedestrians are killed each year.

MARYLAND CAR ACCIDENT LAWYER An uncomfortable topic

More than 30,000 people die each year in motor vehicle accidents, according to the NHTSA. That organization also tells us that figure included 493 Marylanders in 2010.

Amazingly, this yearly death total regularly topped 50,000 in the late 60s and early 70s. Maryland car accident lawyers are quite well aware that not all of these tragic events involved fault [e.g. the negligence of a driver in causing a Baltimore car accident]. However, some do. Although money is never a substitute for such a loss, the families and representative of a deceased typically employ a seasoned Maryland car accident lawyer to ensure a full recovery.

MARYLAND CAR ACCIDENT LAWYER What are all these statements I have to give?

Maryland car accident lawyers would probably be unanimous in telling you not to talk to anyone but them after a Baltimore car accident. At some point, your insurance company may want to take a statement from you. If you've retained a Maryland car accident lawyer to assist you, discuss the procedure and game plan, but you'll generally always need to cooperate with your insurance company. If you've filed a PIP or UM/UIM claim, your insurance company [or the insurance company you're claiming under] may want to take an examination under oath, or EUO, or what is sometimes called a recorded statement. There again, there is generally a duty to cooperate with your own insurer, and failing to do so may lead to the denial of benefits. If your Maryland car accident lawyer has filed suit on your behalf, the other side will take your deposition as part of that litigation.

MARYLAND CAR ACCIDENT LAWYER -The "independent" witness

Maryland car accident lawyers and lawyers who generally try their cases know that few witnesses are truly independent. Most witnesses either know the person they are testifying for, or work for them, or have a business, family and/or personal relationship. But not all witnesses have those potential biases. Certainly there are cases where someone simply witnesses something that happens to someone else, e.g. a Baltimore car accident. They don't know the participants, only see the event, i.e. an "independent witness". Maryland caraccident lawyers know the value. Many times judges and juries are confronted with two people telling equally unbelievable stories of the same event. Since neither story is worthy of belief, they may decide not to believe either. Since the plaintiff has the burden of proving their story is the correct one, that scenario results in a defense verdict. If the independent witness, however, corroborates the plaintiffs version, it may lend just enough credibility to that story that the jurors or judge accept it. If you're involved in a Baltimore car accident, and medically are able to do so, scour the area for people that may have seen what happened. Be sure to get a name, vantage point, and full contact information.

I was in a Maryland Car Accident: What are my obligations?

Maryland car accident lawyers frequently get calls from prospective clients who have just been involved in an automobile accident. Often, those individuals are interested in gauging their responsibilities under the law. The driver of any vehicle involved in an accident involving death or injury must stop, stay at the scene, and render aid as applicable. Both drivers must provide their name, address, registration number, show his or her DL if asked, and provide insurance information. The information must be provided to both other driver[s] involved, as well as to the police. Seasoned Maryland car accident lawyers know that drivers involved in an accident causing injury must report that fact, and file their insurance information with the MVA.

MARYLAND CAR ACCIDENT LAWYER "Dramshop"

A knowledgeable Maryland Car Accident Lawyer will tell you, a Dramshop Act is a law that imposes civil liability on the vendors of liquor where that liquor is dispensed to someone who is intoxicated, and that obviously intoxicated person then leaves the establishment, and injures another, often in a DUI related auto accident. As all experienced Maryland Car Accident Lawyers know, the cases in Maryland have always held that because the sale of the alcohol does not directly injure the third person, then there can be no liability on the seller- even if that sellers provides alcohol to a clearly excessively intoxicated person.  Except one. The Maryland Daily record recently reported that a Maryland Car Accident Lawyer has successfully convinced a trial court that a lawsuit seeking damages against a bar for selling liquor to an intoxicated driver that later killed a child, should be allowed to proceed. According to the paper [v. 122 No. 148] the ruling has been roundly criticized in academic circles. It appears likely that ruling would be overturned on appeal, or, as some Maryland Car Accident Lawyers hope, the case may give the appellate court an opportunity to change the common law of Maryland and impose civil liability on the vendors of liquor where that liquor is dispensed to someone who is obviously intoxicated, and later hurts some one.

MARYLAND CAR ACCIDENT LAWYER Can I sue a business if their employee injures me?

Maryland car accident attorneys are well aware that if an employee of a business commits an act of negligence that injures another, [e.g. causing a Baltimore car accident] while conducting the business of that employer, an injury victim may seek to recover damages from the employee that hurt them, or, from the business itself. Many Maryland car accident lawsuits are built on this principle, called respondeat superior.

Now, what if the negligent individual is not an employee of business, but rather an independent contractor- doing work for the business, but not actually employed by the business? Seasoned Maryland car accident attorneys know as a general rule, the business that uses an independent contract to perform work is not liable for the negligence of that contractor, or the negligence of the employees of that contractor. In Appiah v. Hall, the Maryland Court of Appeals discussed two exceptions to the general rule, but the exceptions aren't applicable to the typical Baltimore car accident.

SPECIFIC COMMON INJURIES: Concussions

I've highlighted some injuries commonly sustained by the victims of Maryland car accidents. You'll see some medical terminology in this article. But make no mistake, I'm not a doctor, and nothing in this article is medical advice, and should not be used as such. These materials are presented for general, educational purposes only. If you've been injured in Maryland car accident, by all mean seek the care and attendance of a qualified physician without delay.

Motor vehicle accidents are the leading cause of concussions. Thurman D, The epidemiology and economics of head trauma. In: Miller L, Ayes R, editors. Head Trauma: Basic, Preclinical, and Clinical Directions. New York: John Wiley and Sons; 2001. pp. 327-47. The Mayo Clinic tells us that "[a] concussion is a traumatic brain injury that alters the way your brain functions. Effects are usually temporary, but can include problems with headache, concentration, memory, judgment, balance and coordination." It's generally agreed that a concussion is the most common, mildest, least severe form of brain injury. Beyond that, there is a lack of uniformity and consensus on concussions.  Some Maryland car accident lawyers may be aware that there are, apparently, 16 different scales to measure the severity of concussions. Hayden MG, Jandial R, Duenas HA, Mahajan R, Levy M (2007). "Pediatric Concussions in Sports: A Simple and Rapid Assessment Tool for Concussive Injury in Children and Adults". Child's Nervous System 23 (4): 431–435. Seasoned Maryland car accident lawyers know the standard treatment for a concussion is "rest", and symptoms usually resolve within a matter of weeks.  However, the CDC advises us that 15% of people with concussions will develop severe, permanent symptoms. [Heads Up: Facts for Physicians about Mild Traumatic Brain Injury, CDC]. The modern trend is to refer to a concussion as a MTBI [mild traumatic brain injury]. 

SPECIFIC COMMON INJURIES: Shoulder Injuries

I've highlighted some injuries commonly sustained by the victims of Maryland car accidents. You'll see some medical terminology in this article. But make no mistake, I'm not a doctor, and nothing in this article is medical advice, and should not be used as such. These materials are presented for general, educational purposes only. If you've been injured in Maryland car accident, by all mean seek the care and attendance of a qualified physician without delay.

According to National Institute of Arthritis and Musculoskeletal and Skin Diseases, the shoulder is composed of three bones: the clavicle (collarbone), the scapula (shoulder blade) and the humerus (upper arm bone). These bones are held together and operated by by a variety of tendons. Seasoned Maryland car accident lawyers are aware of the complexity of the shoulder, and the vexing problems experienced by those with shoulder injuries. The shoulder is not one joint, but actually series of joints. "One joint is where the head of the humerus articulates inside the glenoid cavity of the scapula, called the glenohumeral joint". [T] he acromioclavicular joint (A/C Joint) includes the ligaments, tendons, and bones where the acromion (on the shoulder blade) joins at the clavicle (collar bone)." [Healthpages.org]. The labrum is a ring of cartilage that keeps the ball of the humerus in the socket [glenoid cavity] of the shoulder blade. The rotator cuff is a set of muscles and tendons that connect the scapula to the humerus, and sheaths this glenoid cavity.  Maryland car accident lawyers working with motor vehicle accident victims frequently see common shoulder injuries that include: strains, sprains, dislocation, separations, tendonitis, bursitis, torn rotator cuffs, torn labrums, frozen shoulder, and fractures. [National Institute of Arthritis and Musculoskeletal and Skin Diseases].

SPECIFIC COMMON INJURIES: Lumbar strain-sprain /Cervical strain-sprain [Whiplash]

I've highlighted some injuries commonly sustained by the victims of Maryland car accidents. You'll see some medical terminology in this article. But make no mistake, I'm not a doctor, and nothing in this article is medical advice, and should not be used as such. These materials are presented for general, educational purposes only. If you've been injured in Maryland car accident, by all mean seek the care and attendance of a qualified physician without delay.

Maryland car accident lawyers handling motor vehicle and car accident cases deal with these types of injuries on a daily basis. A ligament is a sinew that attaches bone to bone. [e.g. the "ACL" / anterior cruciate ligament in the knee]. A tendon is a sinew that connects bone to muscle [e.g. the "Achilles tendon" in the leg]. When the forces involved in a Baltimore automobile accident cause the ligaments in the neck and back to tear, doctors call this injury a sprain. When the forces involved in a Maryland automobile accident cause the tendons or muscles in the neck and back to fray or partially tear, doctors call this injury a strain. If the damage is severe enough, it's referred to as a full thickness tear. Sprains and strains are rated by severity from Grade 1 to Grade 3 [complete tear]. Injuries to the neck [cervical] or the back [lumbar] in Baltimore auto accident cases are sometimes referred to collectively as strain/sprain. Maryland car accident lawyers practicing in the 70s, 80s and 90s would commonly see strain/sprain injuries to the neck referred to as "whiplash"- although use of this term is decreasing. In current parlance, cervical and lumbar strains and sprains are referred to as "soft tissue injuries". Although commonly used by medical professionals, the insurance industry often uses this phrase as a prejorative [e.g. "she can't be hurt, these injuries are just all soft tissue".] Anyone who's ever had a cervical strain would justifiably be insulted by that statement.  Common complaints of car accident victims with these injuries are pain, pain on movement loss of range of motion, stiffness, tightness and the like. If pain radiates into the extremities, it may be evidence of a more serious condition. Physical therapy, anit-inflammatory and pain medications and chiropractic care are the common modalities of treament. Most of these types of injuries resolve within three months.

SPECIFIC COMMON INJURIES: The Herniated Disc

I've highlighted some injuries commonly sustained by the victims of Maryland car accidents.You'll see some medical terminology in this article. But make no mistake, I'm not a doctor, and nothing in this article is medical advice, and should not be used as such. These materials are presented for general, educational purposes only. If you've been injured in Maryland car accident, by all mean seek the care and attendance of a qualified physician without delay.

Maryland car accident lawyers have seen myriad labels applied to this condition: slipped disc, pinched nerve, ruptured disc, bulging disc, protrusion, disc bulge without frank herniation.  The spinal column is composed of bony structures known as vertebra, and in between each is a "disc" that acts as a cushion. The spinal cord is located inside, and is protected by the spinal column. Nerves branch off the cord. When the disc is injured, material from inside the disc can be forced outside the disc. This material can press on the nerves, or the cord, causing symptoms. Baltimore car accidents can certainly cause a disc to rupture.  Maryland car accident lawyers frequently see accident victims with complaints of pain, pins and needles, tingling, shocking, numbness. This is often referred to a radiculopathy. If the disc injury is in the neck, these symptoms typically occur in the arm. If the disc injury is in the back, these symptoms typically occur in the legs. It's interesting, but most people over a given age have herniated discs, as the aging process can cause herniations as well. It gets more interesting because many people with herniated discs have no symptoms. Seasoned Maryland car accident lawyers certainly know that the size of the disc herniation is not related to the amount of pain experienced by their clients, and that some injury victims have debilitating back and neck pain, but tests show no hernitated discs.

MARYLAND CAR ACCIDENT LAWYER What is negligent entrustment?

Car accident lawyers in Baltimore have used this theory to recover damages from the owner, as opposed to the driver, of a car that causes an accident.  The owner of a car may be held responsible if they lend their car to another, and they have reason to believe that person will be "reckless" "incompetent" or "dangerous". [Maryland Civil Pattern Jury Instructions 18:5] Car accident lawyers in Baltimore have successfully argued that  allowing another to use a car is negligent where; the driver was inexperienced; the driver abused alcohol or drugs; the driver had a lot of tickets, or caused a lot of accidents; or was "uninsurable".   

MARYLAND CAR ACCIDENT LAWYER Medicaid/Medicare

Car  accident and injury lawyers in Baltimore are very well familiar with Medicaid/Medicare's "right to reimbursement". Reduced to its most basic form, this statutory reimbursement methodology requires car accident and personal injury attorneys to insure the federal government is paid back for medical expenses covered by  Medicaid/Medicare –from the proceeds of a case. Seasoned Car accident and injury lawyers in Baltimore have been successful, in appropriate circumstances, in convincing Medicaid/Medicare to reduce or change the amount they've claimed. A vital role for any personalinjury lawyers handling a  Baltimore caraccident case with a Medicaid/Medicare recipient is to examine the lien for accuracy, and get it reduced as appropriate.

MARYLAND CAR ACCIDENT LAWYER Should the Insurance Company Pay for the Diminished Value of My Car

My personal injury clients sometimes ask, in addition to their medical bills, pain and suffering and the cost of repair of their vehicle damaged in a Maryland car accident, if they can recover for the diminished value of their car? The Insurance Information Institute defines as diminished value as "[t]he idea that a vehicle loses value after it has been damaged in an accident and repaired." The argument is that, in the future, you decide to sell that previously wrecked car, but can't get what you believe fair market value because the car has been "wrecked and repaired" That's Diminution in Value / DiminishedValue.  Of course it makes sense that the purchaser of a used car wants one that hasn't been wrecked, but are there any objective reasons supporting the concept? A variety of reasons are typically offered for why diminution in value occurs: every car loses value after being wrecked and repaired; the insurance company approved body shop used inferior parts, or, uses improper repair techniques.  [Diminished Value, Harry Hitzeman, Insure.com 2010.] Imagine a scenario where someone was responsbile for a Baltimore car accident, and they-or their insurance company- is responsible for the loss.  This is typically referred to a  "third-party" claim – you make it against someone else's insurance company.  Should that insurance company pay for the loss in value due to the wreck, at the time of the repairs, as part to the claim? In many states, the answer is "NO". However, the answer in Maryland is "YES"  "[I]f the plaintiff can prove that after repairs his vehicle has a diminished market value from being wrecked, then he can recover in addition to the cost of repairs the diminution in market value, provided the two together do not exceed the diminution in value prior to the repairs." Fred Frederick Motors, Inc. v. Krause, 12 Md.App. 62, 277 A.2d 464 (Md. App., 1971) Of course careful documentation  is vital, and an appraisal from a professional to prove the loss in value might be necessary. Be sure to discuss the possibility, and viability, of a diminished value claim with your personal injury attorney, as part of your claim.

What if there is no other insurance company? Say for example, you crash your car into a tree. Your insurance company agrees to pay for the repairs. This is typically referred to a  "first-party" claim – you make it against your insurance company.  The question becomes, in the that scenario, should your insurance company make good on my loss. i.e. pay for this diminished value. In most states, the answer is again "No". Id. However, if your vehicle is insured in Maryland, coverage for diminished value may be available under your policy. Be sure to mention it to your adjuster and get something in writing from them if they tell you such coverage is not available.

MARYLAND CAR ACCIDENT LAWYER-Is the driver of the car that hit me responsible?

Any Baltimore caraccident attorney will advise you that all Maryland drivers are charged with the obligation of using reasonable care for the safety of others when driving. Many Baltimore car accident lawsuits come about when a driver fails to use the degree of caution and attention that an ordinary person would use under the circumstances. The nature of the duty may change depending on the circumstances [e.g. adverse weather conditions]. If you've been hurt through no fault of your own, consult an experienced Baltimore car accident attorney to examine your legal rights, and the possibility of a financial recovery for your injuries. An experienced Baltimore car accident attorney can advise you of the role of the "emergency rule" in your personal injury case.

MARYLAND CAR ACCIDENT LAWYER Is the owner of the car that hit me responsible?

Yes, but it depends on the circumstances. A Maryland car accident attorney will advise you that the non-owner operator of a negligently driven vehicle is responsible for their own negligence. Now, if that vehicle were covered by insurance procured by the owner, typically there would be coverage for an accident caused by the non-owner operator, as long as he or she had the owner's permission to drive the car. Many times, perhaps most, that is the case. Maryland car accident attorneys sometimes face situations where it is necessary to convince the jury the owner, in addition to the driver, should be separately responsible for an accident. One such scenario, discussed in a separate chapter, is where the owner is a business, and the non-owner operator is an employee, operating the vehicle in the scope and course of their employment. If that employee is negligent, the business/owner is responsible. Some Maryland car accident attorneys have successfully argued that where the owner of a vehicle has reason to know that a driver would be negligent-based on that driver's past poor driving- the owner may be liable for an accident based on a theory called "negligent entrustment".

Another scenario where seasoned Maryland car accident attorneys have successfully argued that a non-driving owner is responsible for the conduct of a non-owner driver is where that owner is present in the car.  Maryland law provides that if the owner asks another to drive, while still in the car, the owner has the obligation and duty to make sure the vehicle is operated safely. If the person driving is negligent, it is assumed the owner agreed to the conduct, and is responsible for it. Powers v. State, 11 A.2d 909 [1940]. But what about a non-owner passenger under those same circumstances? Do they have to stop the driver from driving negligently? Are they contributorily negligent if they do not? Experienced Maryland car accident attorneys know that a non-owner passenger is not necessarily negligent for riding with an intoxicated driver, or failing to complain of excessive speed, but they might be. It depends on the unique facts and circumstances of each case.

MARYLAND CAR ACCIDENT LAWYER She said I'll declare bankruptcy?

Bankruptcy law is outside the scope of this blog. But, as seasoned Maryland car accident lawyers know, the collectability of a judgment is an important factor in assessing the ultimate value of a claim. If the judgment was rendered in a claim for an intentional tort, or for a Baltimore auto accident where the defendant was drunk, they cannot be discharged in bankruptcy.  If the judgment was in a more typical "garden variety" case, then the judgment may be dischargeable, and the creditor must generally take affirmative steps to protect or "exempt" their judgment from discharge on various statutory grounds.

MARYLAND CAR ACCIDENT LAWYER Execution and Levy

Maryland caraccident lawyers who've obtained judgments for the victims of Baltimore auto accidents, sometimes can't collect because that defendant has no insurance, and no assets. What if the uninsured person indeed has assets? A judgment creditor may apply to the clerk of court for a writ of execution, directing the sheriff to levy upon [seize] property of the defendant. A Maryland car accident lawyer with an unsatisfied judgment can then request that this property is sold, and the proceeds be used to satisfy the judgment.

MARYLAND CAR ACCIDENT LAWYER What is a garnishment?

We've discussed in other chapters the bane of Baltimore personal injury litigation – the uninsured defendant. There are more than a few Maryland car accident lawyers who've obtained sizeable judgments for the victims of Baltimore auto accidents, but can't collect because that defendant has no insurance, no job, and no assets. A case against an uninsured person may have no value at all. Maryland law allows for a garnishment of a judgment debtor's wages, generally up to 25% of the "disposable wages, and obligates employers to make the deductions and forward the payments to the judgment creditor.

MARYLAND CAR ACCIDENT LAWYER I won. Do I get to collect more than the policy limit?

Maryland car accident lawyers know the answer is "yes", but it's not easy. One scenario is the "excess judgment". For example, assume your Maryland auto accident case goes to trial, and you receive $40,000, and the defendant was insured for  $30,000. Who pays that extra $10,000. In most situations, and most Maryland car accident lawyers would agree, the defendant does, but collecting that $10,000 may be extremely difficult. Another option would be, upon a showing that the insurance company negligently failed to provide a defense, that the insurance company becomes liable for the excess.  Seasoned Maryland car accident lawyers are well aware that although this claim belongs to the insured defendant, and not to the Baltimore auto accident victims, there are ways to obtain the right to sue the insurer directly.

MARYLAND CAR ACCIDENT LAWYER I won. Do I get to collect?

The methods for collection of judgments are discussed in more detail in other volumes. Any Maryland car accident lawyer will tell insurance is perhaps the single most important factor is assessing the value of a case. What if there is none, or not much? Maryland courthouses are filled with  Maryland car accident lawyers who've obtained massive, but uncollected, judgments for the victims of Baltimore auto accidents. These judgments are uncollected because the defendant was uninsured, or had too little insurance.

The insurance company cancelled me!

We've explored in another chapter what every Baltimore injury and accident lawyer knows- insurance companies cancel insurance policies. Many times, that cancellation comes on the heels of a Maryland automobile accident. There are restrictions on the ability of an insurer to do this. Automobile insurance companies are also not permitted to refuse to issue an insurance policy based on certain discriminatory factors. [e.g. race, color, creed, credit history]. If an individual is cancelled in the wake of a Maryland automobile accident, and they feel the reason is prohibited, they can challenge the move through the insurance commission. Experienced injury and accident lawyers in Baltimore that have assisted their clients in such a challenge know the cancelled policy remains in effect while the commission considers the merits of the challenge.

MARYLAND CAR ACCIDENT LAWYER The "pain diary".

It sounds like the title of a war movie, but it's actually a very effective device for the victims of Maryland car and automobile accidents to document the effects of their injuries. A "pain diary" is a chronology of the days, weeks, and possibly months after the Maryland car or automobile accident, detailing daily social, work or household activities that are made more difficult, or impossible, by the injuries from the car accident. In some instances, and injury victim is not asked to recall the nature of their injuries until months, or years, later, when their  Maryland car accident lawyer takes their case to trial. The diary can be an invaluable document for recreating the process of healing and recuperation.

MARYLAND CAR ACCIDENT LAWYER: Documenting your medical expenses.

Any Maryland car accident lawyer will tell you that medical expenses are frequently the biggest component of recoverable damages. Any seasoned Maryland caraccident lawyer who tries his or her cases will tell you that assembling all the expenses incurred, in a form that is admissible at trial, can be a daunting, but necessary, task. As those involved in a Maryland car accident, there is no "bill" from a hospital, but, usually multiple bills [e.g. the emergency physician, the facility, the ambulance, the radiologist, and possibly a pharmacist or another physician.] The Maryland car or automobile accident victim must make sure the accident/injury lawyer has all the information about medical services obtained prior to the lawyer involvement, and, specifically, detailed information, and proof regarding out of pocket costs, co-pays, or any transportation expenses associated with medical visits, so that these recoverable damages can be catalogued, and presented appropriately.