Articles Posted in Automobile Accidents

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Car Accident (2 people)(11-22-11).jpgThis post won’t go into detail about whether you can or should handle a Maryland auto accident lawsuit by yourself–that’s a post for a different day (for information about filing a lawsuit on your own, see the legal Self-Help section of our website).

Instead, this is to help answer whether you should settle your case on your own, or whether you should hire a lawyer to do it for you. The analysis will depend on where you are in the process:

I Was Recently In An Accident And I’m Not Finished With Medical Treatment

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Ocean City Postcard.jpgWe’ve had a spate of referrals from out-of-state lawyers lately that involve Maryland auto accidents, usually Maryland defendants, but out-of-town plaintiffs. The scenario is that an out-of-towner is traveling in Maryland, perhaps even on vacation, and is hit by a negligent driver here in Maryland. Some of these are Ocean City auto accidents, others are for less traveled destinations in our state. Those people may treat here in Maryland while they are here, usually an emergency room visit or two, and then they finish out their medical treatment in whatever state they come from. They contact a lawyer in their home state, and that referring attorney may attempt to settle the case on his own; if that doesn’t work, he needs a Maryland lawyer to file and litigate the lawsuit here in a Maryland court.

There are a couple of other of permutations–Maryland drivers visiting a vacation spot in Maryland, and hit by a negligent out-of-town driver. Out-of-town driver visiting Maryland hit by another out-of-town driver in Maryland. In each case, the lawyer should consider the best place for the lawsuit if it doesn’t settle.

In Maryland, the rules about where lawsuits can be filed are usually clear. Maryland Rule § 6-201 provides that lawsuits can typically be brought in a county where the defendant lives (if a person), or where a defendant has its principal place of business (if a corporation). Rule § 6-202 provides that a lawsuit can also be filed in the county where the accident occurred.

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Pill and Rx pad.pngIn Maryland auto accident claims, the victim of a negligent driver is entitled to recover the cost of all reasonably related medical expenses. For example, if a driver runs a red light and hits another vehicle, the emergency room visit for the other vehicle’s occupants should be paid by the negligent driver’s insurance company.

Sometimes, however, the injured person’s medical care is paid for by health insurance, or by personal injury protection (PIP) insurance. Maryland has a law called the collateral source rule, which says that the negligent driver cannot benefit from other payments made to the victim.

Under the collateral source rule, even if a victim’s medical bills are paid by insurance, the negligent driver must pay the value of those bills directly to the victim. In some cases (notably, PIP), the victim gets to keep the money. This is something like a double-recovery in some cases. However, it helps many smaller accident victims by making them whole, when the attorneys’ fees are factored in.

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Given the prevalence of cell phones and smartphones, the likelihood is that many if not most automobile accidents are caused by distracted driving. The NHTSA estimates about 3,000 fatal distracted driving auto accidents in 2011. One study suggests that cell phones may be the cause of 1.6 million accidents per year, which is 28% of all auto accidents. Maryland has been improving the laws year after year, but some research questions whether existing laws around the nation are good enough.

distracted driving accident attorney.jpgAs far as punishment, some believe that higher fines will increase compliance, just as it did for seatbelt laws. New Jersey is considering a $200 fine for the first offense with a license suspension for 90 days for the third offense. Connecticut has already increased fines to $125 for a first offense. In Maryland, the fines are relatively light. Talking on a cell phone can cost $40 for a first offense and $100 for subsequent offenses. Sending or reading e-mails or texts is punishable by $70 fine for the first offense and $110 for subsequent offenses.

We should beef up the penalty provisions–larger fines and points (right now, there are no points issued for speaking on a phone for the first offense unless it causes a collision). Financial penalties provide most people with an incentive for good behavior, which will lead to safer roads.

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Insurance Policy (11-26-11).jpgInsurance is complicated business, and many of our auto accident clients get a crash course in coverage only after the collision. One common question from people involved in Baltimore auto accidents is whether there is insurance coverage for their automobile accident. Sometimes, this is in context of a negligent driver who was not the owner of the vehicle. There are three typical situations:

Auto Accident With Permissive Car Use

When the accident is caused by a non-owner, but the driver had permission of the owner to drive the car, the owner’s insurance will cover the accident and all injuries related to it. In that case, any lawsuit filed will be against the driver, but the insurance company will step up to defend the case. The lawsuit can also include the owner of the car if that owner knew or had reason to know that the driver was a dangerous driver. That is a very high bar, and requires a clear showing that the negligent driver had a history of accidents that the owner should have known about.

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electronic truck driver log.pngHeavy Duty Trucking Magazine published a fantastic review of a new highway agreement. Here are the important points:

  • Trucking interests were denied their requested increase in truck weight restrictions to 97,000 pounds (see more on this at our earlier post: Cutting Bigger Big Rigs Off At The Pass)
  • Electronic driving logs will be required
  • the FMCSA will conduct a study of the 34-hour restart rule

Electronic driving logs, if implemented correctly, will ensure accuracy, can prevent tampering, and can foster accountability. Driving logs are one of the most important sources of information in Maryland truck accident lawsuits–we obtain those records and comb through them in order to find rest and sleep violations, which are frequently the cause of serious or fatal truck accidents.

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Jarrettsville Pike.pngOne small stretch of road in Baltimore County is claiming more lives than it should. Auto accidents on Jarrettsville Pike in Phoenix, Maryland are averaging two per week, with 73 injuries in three years. There was one death in 2008, and four deaths this year. The Baltimore Sun discussed the history of this stretch of road in a recent article.

Local residents know it as “Dead Man’s Curve.” The ominous nickname has been in place for many years, even before the government sent engineers to alleviate its most dangerous characteristics. Even now, the sharp turn, steep hill and obtrusive vision-limiting trees form equal parts of the injury equation. Inexperienced drivers, drivers unfamiliar with the layout of the curve, and drivers who should know better fall victim to the sudden turn and the inability to quickly slow down on the hill.

The highway administration is quick to point out that the area is not defective, but they ignore the statistics. Are there cost-effective ways to make the area safer? Remove some of the surrounding trees so motorists can see dangers ahead, perhaps? The government has notice of the dangers, yet they choose to rest on the road change from the 1980’s.

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MAIF logo.jpgMost auto accident lawyers hate filing MAIF claims. First, there are a lot of hoops to jump through, including a 180-day notice requirement that, if not met exactly, can capsize the entire claim. Second, MAIF uninsured claims are limited to $30,000 per person and $60,000 per accident (see our recent post on the increased minimums). Third, MAIF is really hard to deal with–these claims often require twice the amount of work as one against any other insurance company, and most MAIF uninsured claims have to be resolved at trial. MAIF doesn’t like to pay out under any circumstances.

Auto accident victims may have to look to MAIF for recovery in these circumstances:

  • Hit-and-run auto accident (“phantom vehicle”)
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MAIF logo.jpgWe reported back in February that the Maryland legislature was considering a bill that would increase the minimum amount of MAIF insurance for uninsured drivers to $30,000 (Not Fair: Maryland Law Makes You Carry $30,000 Auto Insurance, But You Might Have a Maximum $20,000 Recovery).

The problem was that just over a year ago, the minimum amount of automobile insurance for all Maryland drivers was $20,000 per person and $40,000 per accident. Those minimums have been in place for over 35 years, and they were increased to $30,000 per person and $60,000 per accident. The law that increased the amount recoverable for Maryland automobile accident victims was missing one thing, though. It forget to mention the uninsured division of MAIF.

MAIF (Maryland Automobile Insurance Fund) is the insurance company of last resort for drivers who are rejected by most other insurance companies. They insure the uninsurable. MAIF also performs another function–when someone is involved in a Maryland automobile accident with someone who does not have insurance, or in a hit-and-run accident, MAIF will step in to help. They don’t step in voluntarily–usually it takes a lawsuit, but if there is no other insurance available, MAIF will cover the accident up to the minimum amount. Even after the 2011 change, MAIF was still only on the hook for $20,000/$40,000.

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