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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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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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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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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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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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