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Auto Accidents
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Personal Injury Lawyers
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May 19, 2009

Truck Accidents

Did you know that truck accidents involving large commercial vehicles and semi-tractors account for a fourth of all fatalities in multiple vehicle traffic accidents on the highways in the United States? When you consider the fact that only 3% of all registered vehicles on the roadways are large trucks and 18-wheelers, you can see that the number of accidents is disproportionably high when commercial vehicles are involved.

The larger the vehicle, the greater its propensity for damage is. When a bicycle collides with a subcompact car, the bicyclist has the greatest likelihood for serious injury or death. When a subcompact is involved in an accident with an SUV, the occupants of the subcompact are most likely to suffer serious injury. And so on up the ladder it goes. Large truck accidents often cause the most damage of all. When a large commercial vehicle collides with anything, the damages and injuries can be severe.

Owners and operators of big rigs and other commercial vehicles have a responsibility to keep their vehicles in proper working order, and strap loads tightly. Operators are supposed to conduct an inspection of the vehicle at the end of each workday and keep a log of all parts that aren’t in good working condition. Before they operate the vehicle again, all the parts are supposed to be in working order.

The sad fact is that many commercial drivers are lax in conducting their daily inspections. Many simply write in their logbooks that the inspections were conducted, when in fact they are not. Due to such carelessness, spare tires may fly off, tires in poor condition may burst, insufficient load tie downs may cause trailers to lose their loads, air hoses that operate brakes may be in serious disrepair or perhaps may not even be connected to the trailer.

These and many other problems that the motoring public is not aware of can cause countless serious truck accidents. Some innocent victims suffer fatal or life-altering injuries from loose parts flying off trucks and trailers, dropped loads, and tools crashing through automobile windshields. These are only a few of the problems caused by bungling or slothful truckers.

There are hundreds of CVSA (Commercial Vehicle Safety Administration) certified inspectors around the country, but their numbers are insignificant when compared to the number of commercial vehicles on the highways. There simply are not enough inspectors to catch all the unsafe commercial vehicles, or their drivers, that should not be on the highway.

One of the most significant causes of truck accidents is driver fatigue. The law limits the number of hours a commercial vehicle driver may legally drive in a day or a week. To get around this requirement, many drivers carry two logbooks—one to show police or CVSA inspectors, and one to turn in at work for pay. When two logbooks are used, the hours seldom match. In such cases, the logbook turned in at work is probably more accurate, and will likely show that the driver has exceeded the legal number of driving hours. Most any CVSA inspector is replete with stories of truck drivers who carry more than one logbook. When asked to see the second logbook, some drivers will turn them over to inspectors without even trying to deny their existence.

If you have been involved in any kind of truck accident with a big rig or other large truck, be sure you check with a reliable attorney to help you collect any damages you deserve. The commercial enterprise may be liable for damages you aren’t aware of.

May 1, 2009

Driving Under the Influence & Maryland Law

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.

 

January 8, 2009

Maryland Auto Accident Lawyers - Rear End Collisions

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.

January 5, 2009

What is Negligence?

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.

November 27, 2008

Common Causes of Auto Accidents

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.

November 13, 2008

Is Contributory Negligence Unfair?

When deciding payouts to accident victims the court system must know that the at fault driver was negligent. What is negligence? In referring to auto accident cases negligence is also known as carelessness. Carelessness is in this case can mean serious injury or death for the accident victim. What are some real world examples? Was the at fault driver under the influence of drugs or alcohol? Were they driving over the speed limit?

Some cases may be decided without going to trial. All and all most cases are settled without the need for trial (as known as to 'follow suit'). In this case negotiations are made between the injured party and in the insurance company to arrange a 'fair' compensation amount. This is where it is extremely important to have a qualified auto accident / serious injury attorney on your side. We understand the tactics used by insurance companies to not only minimize payouts but in some cases try and not pay out anything at all. This leads us to the topic at hand.

Contributory Negligence

Contributory Negligence is when the injured party may have had some small part in the fault of the accident. What this means is if you were hit by a drunk driver however you were going five miles over the speed limit you may be found be partially negligence and thereby you have contributed to the negligence. In Maryland this may very well put your entire case at risk. In some areas the injured party may have to prove the negligence of the 'at fault' driver. Other times the roles can be reversed and the 'at fault' driver may have to disprove that they did not act neligently.

The point here is that contributory negligence can be a scary thing. Your entire case can be put a risk. Unfair? Perhaps, but until the law is changed that is the way it'll be in Maryland.

Read more about auto accidents
Contact our firm

October 5, 2008

Serious Injury - Construction Accidents

Our firm covers many types of personal injury claims, the most frequent type of personal injury would have to be motor vehicle accidents. This covers auto, truck motorcycle, and boat accidents. Auto accidents are the most frequent and can also be the most dangerous. We also handle claims of injuries that may be from construction site accidents. Construction sites can be extremely dangerous.

Maryland Injury Lawyers

We have recently updated our site to include more information on types of injuries caused by construction sites. You will also find additional information that may help you understand ways to prevent construction site accidents. If you have recently been in an accident or a victim of Medical Malpractice you may be entitled to compensation for your injuries. Compensation also covers lost wages, pain and suffering and other types of damages. We can help you get the maximum amount possible. Contact us today for a free consultation.

September 30, 2008

Insurance Company Tactics

You may or may not be aware of certain tactics used by insurance companies. If you have been involved in an auto accident you are aware of just how stressful the situation can be. You may be unsure on what is the best decision to make. Insurance companies are aware this confusion. Insurance companies will try very hard to keep as much of their money as possible.

So where does that leave you?

That's where our Maryland personal injury lawyers come in. We are experienced trial lawyers that know how to fight for your rights and get results. Are you unable to work due to an injury? Are you unable to pay your bills? Do you have medical bills piling up? On top of all that did you just receive a low offer from your insurance company? Its not uncommon at all.

Insurance companies will almost always offer a low payout

It has been shown that hiring a lawyer can typically increase your payout amount dramatically. Why is this? Insurance companies may try and take advantage of your situation. We have handled cases where we have recovered payouts up to double, triple even ten times the amount and more over what the insurance companies originally offered our client.

We'll begin to take a look at some of the ways the insurance companies do this technique in the upcoming weeks. One of techniques is enabled due to Maryland's law. That law has to do with contributory negligence. Our experienced injury lawyers will explain what contributory negligence is all about how it could affect your case.

 

July 25, 2008

1.95 Million Jury Verdict in Hit and Run Accident Case in Anne Arundel County

    An Anne Arundel County jury returned a $1.95 million verdict yesterday in favor of  Robert Howard, 56, who was struck by a cement mixer truck while working on his disabled truck on the northbound shoulder of the Baltimore-Washington Parkway in April 2005.  The accident resulted in the death of one pedestrian and severe injuries to Mr. Howard, both of whom worked at the time for Goodwill Industries in Linthicum.  The trial lasted five days.  The jury deliberated for two hours before reaching a verdict against the vehicle's owner, Lafarge Mid-Atlantic, LLC, and the driver, Robert Schulman.

 
    The accident received a great deal of notoriety and press attention as a result of a manhunt that ensued after Mr. Schulman fled the scene in the Lafarge vehicle.  Phone tips to the Maryland State Police resulted in the identification of the vehicle as one owned by Lafarge Mid-Atlantic. The truck was found by the Maryland State Police at Lafarge's Jessup facility.  Debris from the scene was matched to the truck, and blood evidence was linked to the deceased, Erol Johnson of Baltimore.  Mr. Schulman was later identified as the driver but during the initial State Police investigation he denied any knowledge of striking the pedestrians.  He was subsequently charged with leaving the scene of an accident causing death which was later amended to negligent driving pursuant to which Mr. Schulman pleaded guilty.
 
    Robert Howard was represented by Alan J. Belsky and Valerie A. Grove of Belsky, Weinberg & Horowitz, LLC.  Lafarge Mid-Atlantic and Robert Schulman were represented by Joseph Zauner, III.

Posted By: Alan J. Belsky Posted In: Personal Injury

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