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.

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.