Maryland Accident Lawyer Blog

Can Your Insurance Company Demand a Statement in Maryland?

Wed, 16 May 2012 08:54:43 -0500

As a matter of law, I believe that the uninsured motorist carrier cannot require any statement - recorded or otherwise - from their insured after a car accident. Notwithstanding the fine print language in almost every Maryland car insurance contract that requires a statement, Maryland law requires your own car insurance company to pay all damages that the insured is entitled to from the person that caused the accident up to the uninsured motorist limit, if the "bad guy" has insufficient insurance.

The Maryland high court has affirmed that Maryland insurance law substantially rewrites car insurance contracts and that provisions that are not authorized by Maryland law are unenforceable. This would clearly seem to fall into that category because, if the insurance company is imposing any additional conditions on payment, then it is not providing the compensation required by the statute.

So you can just ignore your own insurance company's request for a recorded statement just like you can ignore the at-fault driver's insurance company's request for a statement, right? Not so fast. The law I just gave you is what I call "The Law According to Laura." This law comes with an important caveat: it is often wrong. The Maryland Court of Appeals has never ruled on this issue and could disagree completely or limit the coverage without a recorded statement to the minimal limits.

Car Accident Class Action Lawsuit

Wed, 02 May 2012 13:19:46 -0500

In every state, there is a stretch of the highway or an intersection where car accidents commonly occur. We certainly have them in Maryland.

A group of folks got together (let's be honest, a creative car accident lawyer got them together) and filed a class action lawsuit against the Missouri Highways and Transportation Commission. The lawsuit claimed that a particular stretch of highway on Interstate 44 was dangerous and the state should have done something to make the road safer.

The trial judge certified a class action finding that there were common questions of fact as to whether the pavement surface lacked proper skid resistance and was otherwise dangerous.

Where to File a Car Accident Lawsuit in Maryland

Wed, 25 Apr 2012 15:37:28 -0500

Plaintiffs often have a few different options as to where to file a lawsuit in a car accident case in Maryland. Maryland accident lawyers probably consult with each other on this issue more than any other. "Would you rather file a herniated disc injury case with a 44 year-old female, who works for the post office, in Montgomery County or Anne Arundel County?" is a commonplace type of question I get from other lawyers all the time.

We can't give definitive answers to what the jurisdiction food chain is because it really depends on the type of case. But on the Maryland Injury Lawyer Blog, we give you a good overview of each jurisdiction in Maryland, which may be useful in figuring out the best place to file your lawsuit.

Property Damage Claims in Maryland

Tue, 10 Apr 2012 13:54:15 -0500

In the real world, people have damage to their cars that they would just rather not get fixed. They would rather pocket the insurance money and drive around with a big dent in their car.

If there was a liability dispute, it has been hard to pull this off in Maryland because there was no way to get the property damage estimate into evidence unless you brought the guy who did the estimate to trial as a witness (If you actually had the repairs done, you could get the cost in under Maryland Courts and Judicial Proceedings Code Annotated § 10-105).

Now, under a new Maryland law passed last week, you can get a repair estimate into evidence at trial, at least in District Court. Now, a plaintiff can testify that a written vehicle repair estimate, prepared by an insurer or its authorized representative is admissible, without the testimony of the preparer of the estimate, as evidence of the authenticity and the fairness and reasonableness of the estimate that you would otherwise need.

We are proud that John Bratt from our office testified before the Maryland General Assembly and helped get this bill passed. This bill does not help our law firm; we stopped handing state District Court car accident cases some time ago because our firm handles only serious injury and wrongful death accident claims. But, we still fight for the rights of accident victims everywhere.

You can find Maryland Senate Bill 80 here. This bill passed with an amendment limiting it to district court but otherwise I think this is the bill that became law.

Truck Accident Reconstruction Experts: How I Use Them

Tue, 03 Apr 2012 12:45:47 -0500

Accident reconstructionists are often used by lawyers in auto accident and truck accident cases to answer questions about how the accident occurred. An accident reconstructionist might be able to tell you who was driving, how fast the car or truck was going, whether the driver and/or occupants of the vehicle were wearing seat belts, where on the road the accident occurred, and so forth. Sometimes, they are useful in car accident cases on discreet issues. But, there is a growing sentiment in car accident cases that juries just don't listen to accident reconstruction experts. Juries, this thinking goes, want to figure out how an accident happened on their own. They don't need any help. (My view is not quite this strong on whether you should use accident reconstruction experts in liability dispute cases. Certainly, I don't think they hurt in most cases.)

Reconstructing truck accidents is more complicated than car accidents, and there is a larger role for accident reconstruction experts who understand the nuances of truck accident cases and can communicate effectively with a jury. Unlike car accident cases, juries understand that they don't understand trucks the way they understand cars.

One of the big issues our lawyers typically face in auto accident and truck accident cases is the debate as to the speed of the vehicles. The biggest difference in investigating truck accidents as opposed to car accidents is the number of different variables at play with respect to stopping or slowing. Car accidents are relatively easy, the investigator looks primarily to the skid marks and the type of surface on which the vehicle skid. Truck accidents are far more complex. Trucks generally take 30% to 75% longer to stop than a car. Because large commercial trucks are more difficult to stop, a truck accident reconstructionist must include other variables beyond the usual friction values to calculate vehicle speed, such as brake balance and brake lag time. If speed calculations do not include these adjustments, then the calculated speed of the truck will be off base and Plaintiff’s theory as to the speed of the truck can look ridiculous and inconsistent with the witnesses to the accident. In cases like this, the truck accident lawyer needs to find a neutral accident reconstructionist to recreate the speed of the truck and to take into account all of the relevant considerations.

Lane change and merger cases: fertile ground for reconstruction experts?
My sample outline of a direct of an accident reconstruction expert
Figuring out how fast the defendant - or your client - was going at the time of the accident

Settlement Value of Rear End Truck Accident Claim

Mon, 02 Apr 2012 12:50:21 -0500

A Jury Verdict Research study found that the median award in rear-end truck accident cases throughout the country is $93,909. Remarkably, plaintiffs recover damages in only 63 percent of truck accident cases that go to verdict. That study is based on verdicts rendered throughout the United States from 1997 to 2007. I wish I had newer data but this is all we have.

There is a lot of confusion about median and average verdict data in accident cases. Lawyers who are not exactly math wizards, except when computing 40%, use median and average interchangeably. This study provides median, not the average truck accident verdict. Clearly, the average truck accident verdict would be substantially higher because a full twelve percent of the verdicts in rear end truck accident cases are over $1 million. There is a lot of debate about which figure is better but, certainly, the median figure is more useful in computing case values.

Generally speaking, rear end accident cases are less serious than most other types of truck accidents. But, when you are dealing with big rig trucks, that conventional wisdom goes down the tubes. There is a great deal of wrongful death rear end accident truck claims, just because rear end accidents are common and large trucks kill.

Maryland law on rear end accident cases
Presumption of negligence in rear end accident case
Data on rear end collusions
Another view: South Dakota law on rear end accidents

Speed Camera in Maryland to Go to Court of Appeals

Thu, 29 Mar 2012 10:05:32 -0500

The Maryland Court of Appeals will jump into the battles of whether it is reasonable to allow speed and red light camera merchants to receive a "commission" every time the camera catches a violator. A group of Prince George's, Montgomery, Howard, and Frederick county residents say the payments, made by Montgomery County, Gaithersburg, and Rockville, are illegal.

This is the latest in a long, long battle between libertarians and their brethren and the photo enforcement technology industry, that operates speed cameras and red light cameras for local municipalities. The two most common photo enforcement systems are red light cameras, designed to detect motorists who enter an intersection after the light has turned red, and speed cameras, designed to detect motorists going a certain amount over the posted speed limit. In many cases, these two systems are combined at one intersection.

The big cheese in this industry is ACS State and Local Solutions ("ACS") which provides 80 percent of the red-light cameras operating in the United States. (Interesting fact: ACS is owned by Zerox.) One thing is for sure: the speed camera business is big bucks. ACS Inc., the big red light speed camera vendor in Maryland, gets $16.25 for every $40 speed camera fine. This is a contingency fee that makes every car accident lawyer jealous. In some jurisdictions in Maryland, like Baltimore County, ACS's percentage of the take is thought to be even higher.

Progressive Bad Faith Claim: New Opinion

Wed, 28 Mar 2012 14:21:56 -0500

Two weeks ago, I wrote a post explaining what car insurance special investigations units (SIU)do and their purpose. Today, I stumbled across a new opinion that went up to the 10th Circuit Court of Appeals. The basis for the lawsuit seems that the plaintiffs were annoyed that Progressive Insurance - undoubtedly an aggressive car insurance company - sent their claim to their special investigations unit.

The case involved the plaintiffs' claim that someone had stolen and damaged their car. Progressive Insurance referred the claim to its Special Investigations Unit because: (1) the vehicle was for sale at the time of the loss, (2) the column was not compromised, (3) the vehicle was a “gas guzzler” (the claim arose at the height of the gas prices in 2008); and (4) both sets of keys were in the Walkers’ possession at the time of loss.

Stopping Texting and Handheld Phone While Driving

Mon, 26 Mar 2012 22:16:51 -0500

This is a great way to stop people from texting and using handheld phones while driving.

On the other hand, is a call or a text at a stop light a big deal? They are tough in Canada.

Knee Injuries: What is the Trial and Settlement Value?

Wed, 21 Mar 2012 14:18:45 -0500

Jury Verdict Research reports on a study it conducted that found that in the last ten years, the overall median compensatory award for soft tissue knee injuries, strains, and cartilage and ligament damage is $40,972.

The average trial value of knee injury cases involving knee lacerations, contusions and inflammation is $57,884 ($8,952 median). The average verdict for a knee strain case is $70,055 ($10,412 median). The average verdict for chondromalacia knee injury (abnormal softening of the knee cartilage on the underside of the patella) is $215,434 (median is $45,000).
I think these numbers are a little bit low but they are of interest to lawyers trying to determine how much is the settlement value of their knee injury case.

What is the Trial or Settlement Value of Your Personal Injury Case? (discusion of how value is determined and a report on settlements and verdicts by injury type)
Personal Injury Verdicts Across the United States (average personal injury verdicts in your state)
NexGen Knee Replacement Lawsuit (problems with Zimmer total knee replacement)

What Does SIU Mean in Accident Claims?

Wed, 14 Mar 2012 06:23:56 -0500

I disagree with insurance companies as to how prevalent the practice is, but there is no doubt that many people either exaggerate their injuries in car accidents or manufacture the injuries all together. This we know.

Insurance companies set up "special investigation units" called "SIU" (GEICO) or some other similarly covert sounding name to try to determine whether victims in car accident cases are clients that are exaggerating the scope of their injuries, getting unnecessary medical treatment to try to increase the value of their case, or even staging the car accident. The SUI units of insurance companies try, as GEICO puts it, "to detect, deter, and defeat insurance fraud."

Good car accident lawyers in Maryland know that largely these SIU units are our friends? Why? Because ridding the system of fraudulent accident claims leaves a larger pie - and a more differentiated pie - for people who are really injured in car accidents and deserve compensation.

Truck Accident Spoliation

Wed, 07 Mar 2012 14:06:32 -0500

In just about every truck accident case, the truck driver or the trucking company destroys evidence. You would think - particularly the big companies - would understand the importance of keeping these records. But they more often than not get destroyed either innocently or to destroy evidence.

The most common defense is the "I did not realize I had to keep this" defense, which is why it is important for truck accident attorneys to get out a spoliation letter sooner rather than later. But there are some things that have to be maintained under federal law:

All documents related to the maintenance of the truck. This is a huge catch all that covers just about anything related to the use of that truck. This arguably swallows everything you might want to gather up in evidence on the history of that truck, leading up to the accident. See Department of Transportation Interpretations of Part 395, Federal Register, Vol. 62, No. 65, page 16370, et seq.
The Driver Qualification File: Such a file must be kept by the trucking company for each driver it employs and for three years thereafter. 49 C.F.R. §391.51.
Annual Inspection Report:. Trucks must get an annual inspection and the report must kept for 14 months. 49 C.F.R. §396.21.
Repair Records: Repair, maintenance, and inspection records indicating their date and nature must be kept while the truck is either housed or maintained for a period of one year or for six months after the motor vehicle leaves the motor carrier's control. 49 C.F.R. §396.3 (c).

It is really not too much to ask trucking companies to follow federal law. And, in discovery, there can be reparations from the trial judge for their failure to play by the rules that good truck accident lawyers must seek as the case leads up to trial.

Investigating the Truck Driver

Fri, 24 Feb 2012 13:40:56 -0500

When working up a serious truck accident case, the experienced truck accident attorney starts with a complete background check on the truck driver that you believed caused the accident. Nothing you find is going to be admissible against the driver. Having an awful driving record is generally not admissible in plaintiff's case-in-chief against the driver. But such information may very well be admissible against the trucking company in a negligent hiring/training/retention/entrustment case.

There is one other way to get bad, prior conduct from the defendant truck driver into evidence: let him (usually him) lie about it. A lot of truck drivers that I have deposed don't come prepared to tell the entire truth, and in spite of the fact that the case is about someone they killed or seriously hurt, they assume the plaintiff's lawyer has not done their homework and they can fudge history a little bit. This can make a mountain out of a molehill.

Another place you find the truck driver failing to tell the truth is during his criminal trial. You can sometimes find outrageously good nuggets in the transcript when the truck driver was doing anything he could to avoid a conviction. If you have clear lies under oath, the jury is going to assume - probably correctly - that anything the truck driver says at trial may be a lie.

Why People Hate Claims Adjusters

Thu, 23 Feb 2012 14:50:53 -0500

Reason #75,353: Nuggets like this one I just found on how car insurance adjusters view diminished value claims.

There are rarely statutory guidelines that govern how much is owed, if anything, due to diminution of value. After all, is there really any diminished value until the owner sells the car, discloses the accident and suffers diminished value as a result of the disclosure?

Do you realize you just said this in your out loud voice?

Maryland Uninsured/Underinsured Motorist Law Lecture

Thu, 23 Feb 2012 11:24:18 -0500

Rod Gaston will speak on Advanced Underinsured/Underinsured Motorist Law at the Treemont Grand Hotel in Baltimore, Maryland on Friday, March 9, 2012. You can get information here.

Rod will provide information both on Maryland uninsured motorist law and how to use that law to maximize the value of serious car and truck accident claims in Maryland. If you can't make the seminar, you can also order the audio CD and course materials.