MARYLAND CAR ACCIDENT LAWYER Collision coverage

You’ve been involved in a Baltimore automobile accident. You are about to be bombarded with numbers, questions, and responsibilities. Hopefully, you’ve not been injured. If you have, you’ll need to quickly contact a seasoned Maryland car accident lawyer. Most offer free consultation on what you can expect. You’ll have questions that will go beyond your injury. Who pays for your car damage? Well, the short answer would be, if the accident is not your fault, that the at-fault driver’s insurance will. But what if that at-fault driver’s insurance doesn’t quickly accept responsibility for the collision? If you have collision coverage, Maryland car accident lawyers know you can look to your own insurance company to have your vehicle repaired. The insurance companies can then sort out who bears the ultimate cost.

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.