Maryland Injury Blog

Slip and fall exiting from bus caused significant injury

2012-01-05T14:48:19Z

A man in the state of Washington recently sued the county department of transportation alleging the driver of a bus failed to properly remove water and ice from a step, causing him to fall upon trying to exit the bus.A jury found the department negligent and rendered a verdict in favor of the plaintiff in the amount of $ 1.3 million. The injuries were significant including He suffered permanent leg injuries. Future care was apparently going to be required that could be quite costly.

Drink driver causes serious accident

2011-12-28T19:41:33Z

In a recent West Virginia accident, 4 people were killed when a man stole a truck from an automobile sales facility and caused a head on collision with another vehicle. The at fault drive was drunk at the time of the accident. Not only did the driver get significant jail time as a result of the drunk driving criminal charge, the civil jury awarded $2.69 million to the families of four people killed in the accident. Since West Virginia is a comparative negligence jurisdiction, the car dealer is responsible for 20 percent of the damages.Read more about drunk drivers and serious accidents here.

Pedestrian struck by vehicle on unsafe shoulder of road

2011-12-23T17:28:29Z

A woman was walking down Pennsylvania Avenue and was struck by a passing motorist. The pedestrian was killed in the process. The jury who heard the case awarded $3.3 million in damages. In addition to claiming negligence on the part of the driver, the Plaintiff also claimed the state was liable because it did not install a guard rail that would have prevented the accident. Although there are always governmental immunity issues involved in these types of cases, common law suggests that immunity would not apply under the circumstances of this case. Read more about pedestrian accidents here.

Motorcycle accidents

2011-12-12T21:28:18Z

$2.8 million in total damages was recently awarded to a Florida family because their husband/father was killed in a motorcycle accident. Apparently a car failed to yield the right of way and struck the man while he was lawfully operating his motorcycle. Even though juries frequently have a bias against motorcycle drivers, they are required to use the law to render their decisions as instructed by a judge. Motorcycle drivers have the same rights and responsibilities as drivers of automobiles. Unfortunately, many drivers of automobiles tend to ignore the rights of motorcycle operators and create dangerous situations in spite of the lawful operation of the motorcycle. Read more about motorcycle accidents here.

truck accident

2011-12-12T21:21:02Z

$5.7 million was awarded by a California jury as a result of being struck by a truck while they were putting on snow chains on the shoulder of the road recently. Apparently, the driver had been inadequately trained for driving in snowy conditions and was unable to maintain control of the vehicle he was driving. It is important that truck drivers be properly trained to drive in all types of conditions because of the significant danger involved in operation a large vehicle. If you or one of your loved ones has been involved in an accident involving a truck, please contact the law firm of Foran & Foran, P.A.

Swimming Pool Drowning

2011-12-08T14:00:53Z

A toddler in Georgia died in a swimming pool accident in an unlicensed day care facility in 2009. The child fell into a swimming pool and drowned while nobody was supervising. Apparently, the caretakers in the facility lied to the parents indicating it was licensed by the State. The jury awarded $9.85 million in damages to the family. If your loved one is involved in a swimming pool accident call the law Firm of Foran & Foran, P.A. We have experience with all aspects of swimming pool operations.

Permissive Users of Rental vehicles

2011-12-02T13:54:31Z

A permissive user of a rental car is covered under the rental insurance policy although it might be secondary to the renter's policy. Transportation Article of the Annotated Code of Maryland Se. 18-102(b) indicates the security will cover the owner of the vehicle and each person driving or using the vehicle with the permission of the owner OR lessee. Thus, if the lessee gives permission there is coverage. See Enterprise Leasing Co. v. Allstate Insurance Co., 341 Md. 541 (1996). The required coverage is the same as required under Transportation Article Sec. 17-103(b)(4). Read more about permissive users of rental vehicles

Venue choice in injury claims

2011-11-09T14:27:18Z

Choice of venue in a personal injury claim is a very important part of any claim. Before filing a lawsuit in any case, the personal injury lawyer should look closely at all venue options available. In cases where there are multiple options where venue would be proper, the Plaintiff's lawyer should consider the venue where they can get the best result for their client. In Prince George's County, Maryland, personal injury lawyers are getting great results for all types of injury cases. The jury pool in Prince George's County, Maryland usually contains potential jurors from areas like Bowie, Laurel, Greenbelt, Fort Washington, Clinton, Chillum and other highly populated cities. If an accident occurs at an area in Bowie, Maryland, the personal injury lawyer may want jurors familiar with the accident scene in Bowie Maryland. Read More about accidents here

June 2008 death has prompted a lawsuit

2010-06-10T19:55:35Z

In June of 2008 a former professional football player died at a Pennsylvania Hospital. The family has filed a lawsuit claiming that the hospital and its doctors were negligent and the Plainitff died as a result. Allegedly, the Plainitff had back surgery a few days before he was rushed to the same hopsital where he had the back surgery. The lawsuit alleges that the plaintiff was diagnosed with a pulmonary embolism and died a few weeks later. The lawsuit claims that the doctors and the hospital missed nuumerous opportunities to save the life of the Plainitff. For more information on wrongful death cases please click here.

Mini Mental Status Exam

2010-03-05T13:42:29Z

There is a rather simple neurological test used by neurologists to determine the mental status of a patient. It is called a Mini Mental Status Exam. This is a series of 9-10 questions including repeating words back, counting backwards from 100, dividing by 7's, naming the President, date, copying a clock with a certain time, and a pentagon. It is an extremely rough measure of competence or capacity. A score of 21 is consistent with lacking capacity. However, this is not an extensive, sophisticated test but is helpful in determining what might need to be done for the patient in the futureMaryland Personal Injury Lawyer.

Cyclist killed by emergency vehicles

2010-03-04T16:00:14Z

A Houston cyclist was recently killed in a crash between two fire trucks last year. The young lady involved died two weeks after the March 2009. The fire trucks were apparently speeding to a false alarm. The victim was standing on the corner with her bike when a ladder truck rolled onto her. The case has apparently settled for $ 225,000. Emergency vehicle do not have the unabated right of way while traveling on public roads. They are required to have their lights and sirens operating and must also use reasonable care at intersections that are controlled by traffic control signal. Although emergency vehicles do have limited immunity in Maryland, there are many claims that can be made against the operator of an emergency vehicle depending upon the facts of each case. Maryland Accident Lawyer

Tractor Trailer Crash

2010-02-08T15:39:17Z

A Virginia jury awarded in excess of $5 million in a wrongful death action involving a tractor trailer accident. The tractor trailer had defective parts but the driver was allowed to drive the vehicle anyway even though his employer was aware of the defective parts. The verdict was rendered against both the driver and owner. In addition, the jury found that the company failed to properly supervise the driver. In the accident a teenager was killed. These type of accidents frequently involve catastrophic injuries. There are Federal and State requirements for tractor trialer drivers and owners. There are many theories of liability as well. Tractor Trailer Accident.

Single Car Accident

2010-02-04T14:40:58Z

Single car accident. In Romero v. Brenes, No. 1504 September Term 2008 the Maryland Court of Special Appeals held that there was sufficient evidence produced at trial to present the issues to the jury for deliberation. The case involved a small car being operated at approximately 60 miles per hour (twenty miles over the speed limit), traveling in the curb lane striking the curb, losing control and going across the highway striking a pole and killing a passenger. In this case the trial court granted a motion to dismiss for the defendant. The appellate court held that either the speed, res ipsa loquitor or unexplained loss of control would have been sufficient for the case to be determined by a jury and the dismissal was improper. The case was reversed and remanded for trial.

Punitive Damages

2010-02-02T19:25:58Z

These damages are extremely rare in Maryland. Courts & Judicial Proceedings 10-913 provides that in any action for punitive damages for personal injury, evidence of the defendant's financial means is not admissible until there has been a finding of liability and that punitive damages are supportable under the facts. For example, punitive damages are not awarded for an accident caused by a drunk driver. One needs to virtuaklly show intent to harm before punitive damages can be awarded in Maryland. See Komornick v. Sparks, 331 Md. 720, 629 A. 2d 721 (1993). Drunk Driver and Puinitive damages.

Settlement of a Case Involving a Minor

2010-01-29T14:23:00Z

The settlement of a case involving a minor in Maryland is controlled by Maryland Code, Estates & Trusts Article, Section13-403. Any disbursement to the client that exceeds the statutory limit would require the net proceeds check to be written in such a way to provide for a guardianship account to be set up on behalf of the child at a bank. there is no requirement that the settlement be approved by the court. However, the insurance company frequently will want to obtain court approval of the settlement to protect their insured from any possible future claims. In any event, the Plaintiff's attorney may also wish to get court approval to provide for prima facie proof that the settlement was fair and reasonable.