In the early history of the United States, just as today, residents of Maryland and each of the other 13 original colonies wanted to remain independent of each other by following their own conscience and enacting their own laws. Therefore, Maryland law is distinct in wording from that of other states. However, much of the time, Maryland statutes are remarkably similar in intent to those of other states.
For example, in regards to driving while under the influence of intoxicating liquor, Maryland law states that a person driving with an alcohol concentration of .05 milligrams of alcohol per deciliters of blood or less is “presumed not under the influence of alcohol.” If the alcohol concentration is more than .05 but less than .07, the “fact may not give rise to any presumption that the person was or was not under the influence of alcohol.” A person driving with an alcohol concentration of at least .07 but less than .08 “shall be prima facie evidence that the person was driving while impaired by alcohol.” If the person has a concentration of .08 or more, “the person shall be considered under the influence of alcohol.”
In Arizona, on the other hand, a .05 alcohol concentration “may be presumed that the defendant was not under the influence of intoxicating liquor.” When the concentration is in excess of .05 but less than .08 “that fact shall not give rise to a presumption that the defendant was or was not under the influence of intoxicating liquor.” If the concentration is .08 or higher “it may be presumed that the defendant was under the influence of intoxicating liquor.”
Notice how the wording changes slightly. However, even nuances such as the words “shall be considered” used in Maryland, and the words “may be presumed” in Arizona can give rise to all kinds of legal arguments in either state. That is one reason you should hire a good lawyer if you are the accident victim of a driver who was driving under the influence of alcohol or drugs.
Maryland law can have such subtleties included in all of its criminal, tort and traffic laws. Auto accidents, truck accidents and motorcycle accidents are some of the most common events following which injured victims most need a good personal injury lawyer to represent them. When another driver is at fault and causes the death or serious injury of you or a member of your family, the insurance company of that driver will likely want to settle quickly, for much less than you deserve.
Check with a good personal injury lawyer before you sign any papers with an insurance company. It could make quite a difference in your life, especially if you have long-term injuries that could threaten your ability to remain fully employed.
Auto accidents are the leading preventable causes of deaths in the United States. They are also one of the leading preventable causes of injuries. Causal agents for traffic accidents include alcohol and drug consumption, drowsiness, talking on cell phones, eating, and myriad other distractions. People who are distracted while driving are liable for the deaths and injuries they cause.
There are several common injuries in auto accidents suffered by victims. Some of these include whiplash, back injuries, head injuries, and numbness and tingling in the extremities. Some of the symptoms of these injuries are:
A whiplash injury involves an injury to the neck. It not only causes extreme discomfort but also can reduce the range of movement in the neck. The most common type of accident involving whiplash is a rear end vehicular collision. It can cause the victim’s head to whip violently backward and forward. A major problem with whiplash is that it is difficult to treat effectively. The pain from a whiplash injury may also not appear immediately, but may arise some days after the accident.
Spinal injuries may include fractures, but often are misalignments in the spine that can cause nerve damage and other serious problems such as harm to discs and ligaments. Nerve pressure increases due to stress on the spine. Such pressure on the spine, if not treated or relieved, can lead to other long-term medical problems. If the spinal cord is damaged, full or partial paralysis may result.
Head injuries—these can range from mild concussions, to fractures, to serious brain damage. Quick diagnosis and treatment is essential for the possible prevention of some long-term effects. The effects and pain from head injuries can vary widely from person to person, and can be temporary or permanent. Head injuries may permanently affect the victim’s vision, among other things. Side impact collisions account for a large percentage of head injuries sustained in auto accidents.
Numbness and tingling in the extremities can occur from a variety of injuries to the body, including spinal damage. The numbness can become more than just a nuisance. It can continue for years, and victims may lose strength of grip, and may have trouble holding things without dropping them. In extreme cases, it can cause disabilities that could even threaten the victim’s employment.
Damage to internal organs may have permanent effects on a victim’s life. Organs can be damaged by severe trauma or broken bones. Organ damage may require surgery, and can cause lifelong problems.
These are just a few of the serious troubles that can arise following a motor vehicle accident. If you or a loved one is involved in an injury accident, contact a competent personal injury attorney to help you learn all your options before settling with an insurance company. Remember, injuries can have long lasting effects of which you may not immediately be aware.
Not surprisingly, police officers develop a variety of skills, not the least of which is investigating auto accidents. You would be hard pressed to find a rookie police officer in any major city in the United States who hasn’t already responded to several motor vehicle accidents. Officers in major metropolitan areas may complete hundreds or even thousands of traffic accident reports during the course of their careers.
At times, it seems that some drivers are on a mission to seek out and destroy as many passing automobiles as they can. You probably know a few such drivers yourself. Here are a few that might sound familiar:
Jasper T. Halibut hates to have anyone driving in front of him—hates it so much, in fact, that he often passes in no passing zones, forcing oncoming drivers to veer off the roadway to avoid head-on collisions. Another problem with Jasper is that once he passes a car, he often quickly decelerates or brakes quickly, creating an additional hazard for the vehicle behind.
Mary K. Blush applies makeup with one hand, while adjusting the rearview mirror with another. She usually seems to be taking no notice whatsoever of what is taking place in front of her vehicle. And who knows what she uses to steer?
C. L. Phone enjoys text messaging in the fast lane.
Sam O. Wich has a seven-course meal spread out on his lap, holds a soda in one hand and reaches to the floorboard to retrieve all the morsels he dropped with the other.
These are just a few of the daily hazards to you and your loved ones. Obtuse drivers travel in a slapdash fashion every day you cruise the highways—but they are not alone. There are, of course, the fools who aren’t satisfied with killing themselves with alcohol and illegal drugs, they try their best to kill you too while driving under their influence.
Other dangerous drivers include those who:
are drowsy
like to watch their passengers while conversing rather than watching the roadway
drop cigarettes in their laps and lose concentration on their driving
You consistently pass more potential killers and mutilators driving motor vehicles than you probably care to know about. It doesn’t matter if swashbucklers, hotheads and daredevils in half-ton metal monsters intend to harm you in auto accidents—their negligence is enough to ruin your life or the life of your loved ones permanently.
Most insurance companies are willing to pay for damage to your vehicle, but many of them urge you to sign away your rights to compensation for pain, suffering, loss of employment, and other benefits. When you or your loved ones suffer injuries in auto accidents due to someone else’s negligence, don’t be in too big a hurry to sign away your rights. Check first with competent legal counsel and make sure you are getting all the compensation you deserve. For a free case evaluation - contact our firm today.
In my last posting I spoke about the possibility of making a claim against your own uninsured/underinsured (UM) coverage in the event you are struck and injured by a vehicle operated by a motorist who is either without insurance because they didn’t purchase any, or because they were operating a stolen vehicle, they were an excluded driver, they ran from scene and their identity cannot be determined, or, who had insurance but not enough to fully cover the claim.
A UM claim in its typical sense assumes there is a policy of UM to make the claim under. In some instances, however, the victim neither owns a car nor has a member of their household who has a policy of insurance providing UM benefits. In this instance, the state of Maryland has established a fund and a very burdensome and complicated procedure for obtain some UM coverage under what is known as the MAIF Uninsured Division.
In order to make a claim under the MAIF Uninsured Division, you must attest that, at the time of the accident, you did not own a vehicle that should have been insured but was not, nor did you live in a household where a vehicle had UM coverage on it. If both of these representations can be made, MAIF will pay a maximum of $20,000 per claim with certain restrictions to an injured victim.
The process of making a MAIF Uninsured Division claim is very burdensome. Many lawyers elect not to handle these cases because they are time consuming and complicated. The lawyers at Belsky, Weinberg and Horowitz do handle MAIF Uninsured Division claims. Should you find that there is absolutely no insurance available to cover your claim for personal injury, please contact us immediately and we can help to determine whether a MAIF Uninsured Division claim can be asserted. Learn more out Maryland auto accident lawyers on our website.
We receive many phone calls from clients who have been struck by another vehicle who either fled the scene of the accident or who was uninsured at the time. They think they’re simply out of luck and can’t make a claim for property damage or bodily injury. In most cases, this assumption is incorrect.
Maryland requires that all motorists who insure their vehicles purchase "uninsured/underinsured" coverage. This protects drivers and passengers from injuries caused by uninsured (or underinsured) motorists. A claim against the uninsured motorist (UM) coverage is "no fault" in that it does not affect insurability or insurance rates. In other words, your rate cannot be raised and you cannot be cancelled should you make a UM claim. The only downside of a UM claim is that for property damage reimbursement, you will receive payment from your own insurance company less the deductible you have under your collision coverage. If you don’t have collision and only have liability coverage, the deductible under UM is usually stated in the policy.
An underinsured motorist claim is made under the same UM provision but involves a claim where the at-fault driver was not totally uninsured, but simply did not have enough coverage to pay the full value of the claim. In Maryland, a driver of a non-business vehicle is required to have a minimum of $20,000 of insurance for bodily injury of one person, $40,000 for bodily injury of all persons (to be divided by all victims none of whom may receive more than $20,000) and property damage of $10,000. Based on this woefully inadequate minimum coverage required by the Maryland General Assembly, it is easy to see how easy it is to have an underinsured motorist claim.
Have you been rear ended in an car accident? Rear end collisions can be very common on Maryland's roadways. Maybe it was rainy that day, the roads were wet, or may the other driver simply wasn't paying attention. No matter the reason your car is damaged and you may be seriously injured whether you are aware of it or not. Injuries from auto accidents, especially rear end collisions, may take days or even months to show up. The most common injury from a rear end collision is whiplash.
If you have been rear ended it is typically not your fault. After an auto accident it is very important you get a copy of the police report. The police report will contain valuable information about the accident, information you will need when dealing with the insurance companies. The police report may have information about the other driver, for example; did the other driver receive a citation for negligent driving?
As always, it is recommended that you speak with a qualified Maryland auto accident lawyer. Car accident lawyers know how to handle the insurance companies effectively. Remember, insurance companies are not your friends and they do not have your best interest in mind. Contact our firm today for a free case evaluation.
Negligence is something we talk about frequently. We often ask, "Have you been injured from someone else's negligence?". What exactly is negligence? Negligence can be described as carelessness. If you have been injured from someone else's negligence, you may be entitled to financial compensation for your damages.
This means if you are driving and a drunk driver hits you, that drunk driver is liable for the damages he has caused. Driving while impaired is both negligent and unlawful. When a driver chooses to drive while intoxicated they are making a mistake that could be dangerous not only for them but also to other drivers on the road. Damages can be financial and also emotional losses. For example, if you are unable to work, that is a type of damage. If your injury causes $20,000 in medical bills, that is another type of damage. Loss of spousal companionship and even sexual activity may be a type of damage.
Please remember that negligence doesn't "just happen". It happens because the driver fails to drive cautiously. For more information on auto accidents and negligence please read our auto accident help page or contact our contact our Maryland personal injury lawyers today.
Extra caution must always be used when weather conditions are bad. Just this past week several accidents have been caused by icy roads. The I-70 interstate was closed for over three and a half hours due to traffic accidents caused by icy roads. Multiple cars were in involved in accidents along I-270 and I-370. Fortunately no one was seriously injured in these auto accidents.
If you have been involved in an auto accident due to someone else's negligence you may be entitled to compensation for your damages. This means if a driver hits you because they were driving too fast on an icy road, you are not at fault. Who will pay for your lost wages and medical bills? The at fault driver and their insurance company is responsible. If this has happened to you or someone you care about, you clearly understand how frustrating the experience can be. We also understand the frustration that is involved in such a situation. Everyday we handle auto accident cases throughout Maryland. We help innocent victims get the money they need to pay for their bills and medical expenses. Insurance companies will always try and lower the money they pay out to you. Why? That's their job, to save as much of their money as possible. This simply isn't fair. We work for you and fight to get you the highest compensation possible. Our accident lawyers work for you and we do not charge a until unless we win for you. For additional information please contact our firm. Thanks for reading and please stay safe on Maryland's roads.
There are many causes of auto accidents that are more prevalent then others. There is some behavior a driver may demonstrate that is almost guaranteed to cause an auto accident.
Poor Road Maintenance and Design
Some roads may be poorly designed, decreasing visibility or other dangerous conditions. They also may be poorly maintained. Road signs may become blocked or knocked down and not replaced. There may be turns that hard to navigate, especially sharp turns where you can’t see oncoming traffic.
Distraction
Drivers often become distracted, and this is a very common cause of accidents. Performing any activity that causes you to take your eyes or attention from the road is a possible catalyst for an auto accident. This includes activities such as using a cell phone, consulting a map, reaching for something on the floor, talking to passengers, or fiddling with the radio.
Negligence
Drivers that are deliberately negligent are a hazard to everyone on the road. Negligent driving includes activities such as speeding, ignoring road signs and traffic signals, tailgating, making improper lane changes, aggressive driving, etc. Drivers that display this type of behavior are asking for an accident.
Intoxication
Alcohol impairs judgment and makes tasks such as driving difficult. Drunk drivers cause 40% of all auto accidents. Though the legal drinking age is 21, it is common drivers younger than that are the drunk drivers that cause accidents. More often than not, the drunk driver is the one that will walk away from the accident.
Have you been injured in an auto accident from someone else's negligence? Contact our firm today to speak with our Maryland auto accident lawyers for a free case evaluation.
