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.