Automobile Accidents

Published on: January 26, 2012

Settling A Child’s Maryland Automobile Accident Lawsuit

Child auto injury lawsuit.jpg The State of Maryland protects minors. In lawsuits, the State has established rules to help ensure that children (age 18 and under) who receive money, by settlement, have protection against misuse of those funds.

First, if the minor is receiving less than $5,000 (not including attorneys’ fees or costs), the check may be made out to the child’s legal guardian. Typically this will be written something like “Hester Prynne, mother and natural guardian of Pearl Prynne-Dimmesdale.” The parent may deposit the check in their bank account without any special arrangements, and may use the money as they see fit for the child’s benefit.

If the minor receives $5,000 or more (again, exclusive of attorneys’ fees and costs), the State has decided that special protections must be observed. There, the check would read like this: “Hester Prynne, trustee under Title 13 of the Estates and Trusts Article, Annotated Code of Maryland, for Pearl Prynne-Dimmesdale, minor.” The trustee is anyone who will be responsible for the money–there is no other court paperwork required to create a trustee. That check must be deposited into an account set aside for the child–it cannot be deposited into the parent’s or trustee’s account. The money must be held in the interest-bearing account until the child turns 18, at which point the child gets sole access to it.

Published on: January 23, 2012

Why Don’t Buses Have Seatbelts?

By Posner & Cord, LLC

School Bus Accident Lawyers.jpg I’ve wondered this question ever since grade school. Back then, we didn’t have to wear seatbelts, but I remember dutifully doing so and chastising my parents when they didn’t (probably something we learned in school). In Maryland, we weren’t required to wear seatbelts until July 1986, and that was only for front seat passengers.

Buses were always an anomaly. School buses and commuter buses alike had no seatbelts. Even worse, you are allowed to stand up on commuter buses. There’s a bit of a bias against commuter bus accident victims (probably stemming from the stories we all hear about people rushing onto a bus after an accident to try to get a piece of the insurance pie); but common sense suggests that bus passengers, not tethered to their seats, may very well sustain more injuries. If not, then what are seatbelts for?

We’ve been told by our safety leaders that school buses are safe because of the design of the seats–they are well anchored, padded and high enough so that injuries are rare. Essentially, our children are compartmentalized to prevent injury. These improvements were a result of a UCLA study from about 35 years ago. However, that study also recommended the following that have never been implemented:

Lap belts
Aisle side panels

Why are lap belts and side panels important? The main reason is obvious–not all collisions are rear-enders. If a truck comes out of a side street and t-bones my child’s school bus, my child is going to move to the side, possibly fall into the aisle and onto the bus floor. If the bus rolls over on its side, my child will be propelled into the air. That’s not safety.

Published on: January 12, 2012

Proving Your Maryland Auto Accident Case

By Posner & Cord, LLC

burden of proof scales.jpg Because of television legal dramas, most people know about the burden of proof. For criminal cases, the burden of proof is usually “beyond a reasonable doubt.” In civil cases, like car accidents, truck accidents and medical malpractice, the standard is “more likely than not.”

Lawyers often use the “scales of justice” example. If you have a scale in perfect balance, and you place all of the victim’s evidence on the left, and all of the defendant’s evidence on the right, a victim wins if her side is ever so slightly heavier than the other side. 50.0000001% is a plaintiff victory. In a criminal case, the prosecution’s evidence must be much “heavier”–basically, they have to be pushing it down to the ground.

That’s all very abstract. Let’s use a common scenario. Say you provide evidence at trial (say, your own testimony and testimony of an independent witness) that you are stopped at a red light for 30 seconds. You also provide evidence that the defendant crashed into the back of your car. Unless the defendant can provide some evidence that, for example, you backed into him, he will lose because your evidence indicates that it is more likely that he crashed into you. This is one reason why most rear-end collisions result in a plaintiff’s verdict.

Published on: December 22, 2011

Recalled Cars: What If A Defective Vehicle Caused Your Auto Accident?

By Posner & Cord, LLC

Cadillac recall.jpg Cadillac announced a recall of their 2010 and 2011 SRX vehicles (yeah, I had to look it up–I drive a Saturn) because of potentially defective transmissions. This recall affects 8,789 cars. The problem is that a transmission shift cable may come out of the transmission bracket. The National Highway Traffic Safety Administration explains the potential problems:

THE DRIVER MAY BE UNABLE TO SHIFT THE TRANSMISSION OUT OF GEAR, RESULTING IN NO MOTION OR THE SHIFTER MAY INACCURATELY INDICATE THAT THE TRANSMISSION IS IN PARK WHEN IT IS NOT, ALLOWING THE VEHICLE TO ROLL AWAY AND CAUSE A POSSIBLE CRASH.

The interesting question here is how a recall like this affects Maryland automobile accident lawsuits? The answer: it depends on the type of case.