In a recent
Recently in Auto Accidents Category
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.
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.
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.
In an egregious situation, an Indiana
jury awarded $ 10.2 million to a family of a worker who was killed in a
construction accident in 2006. The workers were apparently allowed to
ride on flatbed trucks without hard hats. This is against virtually any
Federal, State or local rule or regulation. There was likely a claim of
contributory negligence in the case because it now appears to be headed
towards an appeal. In any event, an employer does have a responsibility
to assure compliance with safety standards on the job. OSHA requires
hard hats in many instances. The burden is on the employer to assure
employees comply with OSHA. In Maryland, the sole remedy might be just
a worker's compensation claim unless that at fault driver was somebody
from another company or contractor.
http://www.foranlaw.com/resources/maryland-auto-accident-lawyer/maryland-auto-accident-lawyer.html
Toyota has issued a massive recall of vehicles due to what has been claimed is problems with seat belts and exhaust pipes. In addition, more than 200,000 Lexus vehicles have been recalled because of concerns about power steering problems. If you or a loved on has been injured in a Toyota or Lexus where you suspect one of these problems caused the injury, please consult with one of out personal injury attorneys. All of our fees are contingent upon the outcome of the case. If we are not successful on your case, there will be no fee.
The National Motor Vehicle Title Information System now offers consumers access to a database in order to view a vehicles brand history, odometer data and basic vehicle information. This has finally occurred more than 16 years after Congress mandated its creation. The web site is run by the Department of Justice. This is a welcome conclusion to a long battle to allow consumers critical information to industry problems. If a loved one has been injured or killed as a result of a defective automobile, please call one of our defective product attorneys.
All of our fees are contingent upon the outcome of the case. If we are not successful on your case, there will be no fee.
According to a recent study, about one in six drivers may be on the road without proper insurance coverage by 2010. While the percentage of uninsured drivers has ranged from 13% to 15% in 2003 to 2007, it is expected that number will increase sharply. The council that ran the study reported that an increase of 1% in the unemployment rate was associated with an increase of approximately .75% in the uninsured motorist rate. The expected rate of uninsured motorists on the road is predicted to be 16.1 % by 2010.
If this becomes true, it will affect many of the motorists that are on the road with proper insurance. Insurance rates may climb higher than their present rate should the claims on uninsured motorists rise. Anytime an uninsured driver causes an accident, that uninsured driver is responsible for the damage that they cause including property damage, and personal injuries. The cost to repair many of the vehicles on the roads now can exceed $10,000.00. A bodily injury claim can also cost the insurance company $25,000.00 to $50,000.00 or even higher. hat is money that the insurance company may never recover due to the lack of insurance of the negligent party and the lack of job to earn income by the negligent party.
We have recently updated our auto accident help page on our main web page. Our auto accident help page is designed to bring information to accident victims. Any type of auto accident can be a traumatic life experience. Our goal is help bring information to victims that are affected by this experience. The help page includes information about prevention, what to do after an accident, Maryland law, PIP and more. Below is a sample taken from our frequently asked questions.
Q: How common are auto accidents?
A: There are over 6 million auto accidents every year! That means about every 13 seconds another auto accident has occurred. In a 5 year period, about 25% of drivers will be involved in an auto accident. Its safe to say that auto accidents are very common.
Q: How many of the 6 million auto accidents result in injury or death?
A: About 3 million of the annual auto accidents result in injury, and there are about 40,000 deaths. Many of the injuries that are sustained will be permanent.
Q: What are the causes of auto accidents?
A: There are several causes of auto accidents. Many accidents are caused by carelessness of drivers. Drivers tend to be easily distracted or not pay adequate attention when they are driving. Activities such as eating, talking to passengers, adjusting the radio, texting, talking on a cell phone, etc, all present danger when driving a vehicle. Drivers that speed, tailgate, make unsafe lane changes, or commit other reckless acts also present danger. Driving under the influence of drugs or alcohol is a common cause of accidents, and usually with fatal consequences. Sometimes auto accidents may not be the result of driver error. A small percentage of auto accidents can be attributed to poor road maintenance or poor road design. Another less frequent factor would be vehicle malfunction.
Q: When do most auto accidents take place?
A: Most auto accidents occur during the night, and on weekends. Times of inclement weather will also produce many auto accidents. Times when traffic is heavy such as holidays and rush hour have a higher rate of accidents.
