Baltimore Personal Injury Lawyer - Automobile Accidents - Most Popular

Out of State Automobile Accidents-What law Applies?

Steve Silverman — Fri, 06 Feb 2009 11:24:49 GMT

I recently represented a Maryland resident who was driving in Delaware when his car was hit head-on by by another Marylander who was driving in the opposite direction. My client suffered substantial injuries requiring multiple surgeries. Because the victim and the defendant were residents of Maryland, I was able to bring suit in Maryland even though the accident happened in Delaware.

The more important question was whether the Maryland Court would apply Delaware or Maryland negligence law. This was a critical issue for the victim because the Delaware law of comparative negligence is much more “plaintiff friendly” than Maryland’s doctrine of contributory negligence (see my previous blog on a discussion of contributory negligence v. comparative negligence” )

When deciding whether Maryland or Delaware law applies to this case, the Maryland Judge will follow the doctrine of lex loci delicti, which states that the law of the jurisdiction where the accident took place controls. Many states, including Delaware, take the position of the Restatement of Conflict of Laws § 145, which sets out the “most significant relationship test” and lays down six factors in § 6 to determine which law should apply when an accident occurs in one state between residents of a different state. In White v. King, the Maryland Court of Appeals clearly stated that Maryland law recognizes the doctrine of lex loci delicti. 223 A.2d 763 (1966).

This holding was reaffirmed in Hauch v. Connor, where the Court of Appeals reiterated that “[t]he rule of lex loci delicti is well-established in Maryland (although in Hauch itself, the Court applied Maryland law to an accident in Delaware based on public policy reasons because the Worker’s Compensation action could not have existed under Delaware law at all). When its rationale has been put into question, ‘this Court has consistently followed the rule.’” 295 Md. 188 at 124 (1983).

Thus, Maryland follows the rule of lex loci delicti. Even though both parties are residents of Maryland, the accident occurred in Delaware so Delaware law applies to this case.

Originally posted at InjuryBoard by Steve Silverman

Maryland Legislature Considers Criminal Liability for Adults Giving Alcohol to Minors

Steve Silverman — Tue, 17 Feb 2009 18:03:25 GMT

Maryland personal injury lawyers are closely watching a bill in this season of the Maryland General Assembly which will impose criminal liability on adults providing alcohol to minors. Intended to curb drunk driving, the expected new law will arm personal injury lawyers with a new tool to seek damages for victims of drunk drivers.

The proposed bill will change from a civil violations to a criminal misdemeanor any adult who gives alcohol to a minor. The only exceptions are parents, siblings and religious services. It is expected that the criminalization of the conduct will result in more thorough police investigations when minors are involved in drunk driving. Lawyers expect the police will also focus on the source of the alcohol, particularly when an accident or injury is involved. Adults who supply alcohol to minors my increasingly find themselves as defendants in lawsuits by victims of accidents caused by drunk minors. This is likely part of the legislatures motives to criminalize the now civil offense.

Originally posted at InjuryBoard by Steve Silverman

Contributory Negligence in Maryland for Maryland Personal Injury Cases

Steve Silverman — Thu, 05 Feb 2009 15:48:21 GMT

The Doctrine of Contributory Negligence adversely affects many personal injury plaintiffs in the State of Maryland. Basically, if a victim is found to share in the responsibility for an accident, the victim is completely bared from recovery. This doctrine, only found in Maryland, Virginia, North Carolina and Washington, D.C. frustrates many deserving injury victims and their lawyers.

In most states, recovery or compensation is based upon the Doctrine of Comparative Negligence. Comparative negligence, a much fairer standard, comes into play when it is contended that two or more parties failed to act in a reasonable standard of care. For example, suppose one person was driving too fast and hit a car that that failed to stop completely at a stop sign. In this situation-where each party has some degree of negligence in causing an accident-the responsibility to the other person(s) is reduced by the others' degree of negligence.

For example, suppose a jury decides that the driver going too fast was 10% responsible for the accident, while the driver who blew through the stop sign was 90% responsible. If the driver who was driving too fast is awarded $10,000, his recovery would be reduced to $1,000 because of his 10% contributory negligence.

If this accident case were decided in a contributary negligence jurisdiction such as Maryland, the driver who was found to have contributed to the accident by 10% would be 100% barred from any recovery. This can be unfortunate in situations where a plaintiff is severely injured or paralyzed, and can not make any recovery.

Most people do not think about this concept very often until it affects them personally. So if you are driving in Maryland, have an accident-watch out! The opposing insurance company may try to tag you with 1% of the blame to prevent compensating you a nickel. Immediately get yourself an experienced Maryland personal injury lawyer to protect you. Otherwise you may be left with mounting medical bills, ruined credit, and no where to turn.

Originally posted at InjuryBoard by Steve Silverman

Teen Killed in Fiery Single Car Accident

Shannon Weidemann — Sat, 20 Jan 2007 22:21:46 GMT

A 17-year-old Ogletown teen was killed when the SUV she was driving struck a tree and burst into flames.

The 2004 Jeep Liberty was being driven by the girl on Old Cooch's Bridge Road east of Iron Hill. High speeds, as it went around a curve, was probably a factor. The posted speed limit for the curve is 15 mph. She was wearing her seat belt and paramedics had to pull her from the burning wreckage. The unidentified teen was pronounced dead at the scene.

Originally posted at InjuryBoard by Shannon Weidemann

Mayor Hit by Unlicensed Driver

Shannon Weidemann — Thu, 15 Feb 2007 23:13:24 GMT

Mayor Sheila Dixon was on her way to her son's basketball game when the SUV she was a passenger in was hit by another car. The driver of the other car did not have a driver's license.

He was trying to make a right-hand turn from Clifton Avenue onto Denison Street around 1:30 p.m. when he struck the right front bumper of the 2004 Ford Expedition carrying the mayor, according to a police report.
The mayor's SUV was driven by Stephen Coughlan, a city police officer and member of her executive protection team. Her car was stopped at the intersection when the accident occurred, according to the report.
The mayor was wearing her seatbelt and was not injured.

There was snow on the road at the time of the accident. The driver of the car is facing three charges against him due to the accident.

Originally posted at InjuryBoard by Shannon Weidemann

Car Accident Injures School Official

Steve Silverman — Wed, 10 May 2006 16:04:51 GMT

Nancy Mann, the interim Superintendent of Anne Arundel County schools was involved in a wreck Monday. Mann ran a red light on her way to a meeting and crashed into another car which was passing through the intersection. She was treated at Baltimore Washington Medical Center and released.

According to the Baltimore Sun:

Myshawn Ball, 34, of the 500 block of Millshire Drive of Millersville and Jordan Brown, 2, of the same address were not seriously injured, police said. Ball could not be reached for comment yesterday

Mann is serving as interim superintendent while the Board of Education interviews potential replacements for Eric J. Smith who resigned in November. The job is expected to be offered to one of the candidates by the end of May.

Read the full car accident article.

Originally posted at InjuryBoard by Steve Silverman

Woman Dies in Baltimore Beltway Crash

Shannon Weidemann — Thu, 19 Apr 2007 17:13:53 GMT

A 46-year-old woman from Towson was killed in an accident on the Baltimore Beltway on Wednesday evening. She died from her injuries at St. Joseph Medical Center.

The victim

was driving east on the inner loop of the Baltimore Beltway between Dulaney Valley and Providence roads about 8 p.m. Wednesday when she lost control of a 2001 Toyota Highlander, state police said.
The car struck another vehicle and hit a barrier next to the fast lane, county police said.

The police are still investigating the accident to determine the cause. If you or a loved one have been involved in a car accident and would like to speak with an attorney, please use the contact form on the right.

Originally posted at InjuryBoard by Shannon Weidemann