Articles Posted in Trial

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Norwood jury box 2.jpgBecause accidental injuries are unexpected, the need for a good lawyer can be immediate and unplanned. Too often people randomly select lawyers based on a television ads, phone book ads, or internet marketing. Selecting a lawyer solely on the basis of advertising precludes a well-balanced understanding of the lawyer’s actual capabilities.

However you find your potential list of lawyers–whether from advertising, a referral from a friend, or even a lawyer you used long ago, it’s a good idea to dig a little deeper to make sure that the lawyer is best equipped to help with your problem. Here are five things to look for:

Number 1: A Lawyer Who Handles Your Kind of Case

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50cc scooter.jpgEffective today, moped and scooter riders must wear helmets.

Maryland has proudly required motorcyclists to wear helmets since 1992 (though, the law is not without its detractors, who try to repeal it at every opportunity).

This makes sense, of course: we require seatbelts, carseats and booster seats in cars, and the occupants there have two tons of steel to protect them other vehicles, trees, and the roadway. In a motorcycle accident, the sheer size and weight of any vehicle, compared to the slight size and weight of a motorcycle, can cause terrible injuries in what would otherwise be a minor impact. Motorcyclists are easily ejected from their bikes, and suffer a range of serious and permanent head injuries, if not death. There seems to me to be little difference between a motorcycle and a scooter or moped.

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Progressive HQ.jpgThe internet has been in a furor over Progressive’s treatment of a Maryland family following the wrongful death of young woman in an auto accident. Is the furor justified? Check out our Generation J.D. blog post to find out: Evil Insurance Company? Following the Law? Both?

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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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Norwood jury box 2.jpgThe vast majority of people don’t want jury duty. As a lawyer, I’ve always hoped for the opportunity to serve and experience “our civic duty” firsthand. I’ve been called twice, but have not been selected. Still, hanging out with the throngs of “potentials” has verified for me that some people will say anything to try and get out of jury duty, but most people will just hunker down and go through the process. But, they might not be happy about it.

Baltimore City lawsuits require Baltimore City jurors, and until recently, most people were called once every 18 months if not selected for a trial, and once every three years if they were selected for a trial. That is changing. Baltimore City residents are now being called every year.

The source for our jurors is voting records and driving records. Baltimore Sun writer Michelle Alston correctly observes that many Baltimore City residents neither vote nor drive, so there should be another way to identify those residents. The number of non-drivers in the City is especially disproportionate, where many people rely on buses and light rail. She suggests using social security numbers. There are, in fact, any number of ways to do it. Most residents pay taxes–any resident who files a return should be subject to the rigors of jury duty.

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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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Talbott County Courthouse.jpgIn every case, and certainly every Maryland automobile accident case, the lawyer should consider what county the case should be filed in. In Maryland, you typically have the following options:

  1. File in the county where the car accident happened
  2. File in the county where the defendant lives

It is important, therefore, to be clear about where the accident happened, and where the negligent driver lives. Typically the police report, if one was listed, has both the county where the accident happened, and lists the negligent driver’s address. However, in situations where the accident was on or near a county line, the police report may not be correct. Also, some lawyers don’t realize that some cities actually straddle multiple counties. For example, an accident in Laurel, Maryland may take place in Prince George’s County, Howard County, or Anne Arundel County. Likewise, the address the police usually put on the police report may not be accurate–it may be from an old driver’s license or insurance card. Or, the person who caused the collision may move between the time the accident happened and the lawsuit was filed.

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Employee Handbook.jpgThe scourge of distracted driving is so bad that I predict many attorneys will be adding to their lawsuits complaints against employers for failure to have policies, procedures and protocols to discourage distracted driving. First, a little bit about agency.

An agent is someone who is working for someone else. When an employee gets in his car to go do something for his employer, he is the agent of the employer. When the driver negligently causes a Maryland auto accident, both the driver is responsible and the employer is responsible.

Because distracted driving is such a big deal right now, employers are jumping on the bandwagon to come up with policies about when their employees can and can’t use cell phones while driving. Some companies are prohibiting the use of handheld phones; others are prohibiting all cell phone use, even hands-free conversation. Where an employer does not take the step to set a policy, they are setting themselves up for more liability in the event of an accident. Realistically, they will be on the hook for any auto accident injuries regardless of whether the company was negligent, but it gives one more reason for the judge or jury to decide that the company is responsible. Also, it puts forth negative conduct by the company, which makes a jury more likely to decide against them if the question of liability (whether the employee was negligent) is unclear.

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Colossus of Rhodes.jpgColossus is a software program used by many insurance companies to determine the value of automobile accident claims and lawsuits. The software program gets a bad rap from plaintiff’s lawyers–probably because it undervalues those claims. Now, a former Allstate and Encompass Colossus expert and a former Texas insurance commissioner are informing the Consumer Federation of America’s latest report, Low Ball: An Insider’s Look at How Some Insurers Can Manipulate Computerized Systems to Broadly Underpay Injury Claims.

That report details the means by which adjusters can use the software to produce lower evaluations of claims. Insurance adjusters can discount medical bills, evaluate injuries differently than doctors, ignore the likelihood of future medical care, and decide that the claimant/victim was partially at fault for the auto collision.

It sounds like the report is concerned that insurance adjusters might be doing their job.

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Judge David Rand.jpgOur last post on Distracted Driving Lawsuits: Suing the Sender ended with one question: what will happen?

As predicted, the New Jersey trial judge dismissed the sender of the text message. The judge stated that it was reasonable for text-senders to assume that text-receivers will act responsibly. He also noted that drivers must deal with numerous distractions: phones, GPS devices, and road signs, to name a few.

Were I to extend this duty to this case, in my judgment, any form of distraction could potentially serve as the basis of a liability case.

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