Articles Posted in Motorcycle Accidents

What is uninsured motorist coverage?

Although automobile liability insurance is mandatory for Maryland drivers, I cannot urge drivers enough to carry significant uninsured/underinsured motorist coverage. Uninsured motorist (UM) coverage protects drivers when they are in a collision caused by a driver that has failed to obtain automobile insurance or when the offending driver cannot be identified (i.e. a hit and run or phantom vehicle scenario). While Maryland law mandates that all motor vehicles must carry liability insurance, data provided by the Insurance Information Institute estimates that over 15% of all Maryland drivers are unlawfully uninsured motorists.  Moreover, neighboring states, such as Virginia and Delaware, do not have any laws mandating that drivers carry liability insurance, so victims of collisions caused by those drivers who enter Maryland may be left without recourse or a means to obtain compensation. When this occurs, you and the occupants in your vehicle may look to your own motor vehicle insurance policy to compensate you for your damages up to your policy’s UM coverage limits.

Underinsured motorist coverage (UIM) protects drivers and occupants of the vehicle who are involved in a collision caused by a driver who did not have sufficient coverage to compensate them for their damages. Maryland law requires a minimum of $30,000 per person, $60,000 per occurrence, for liability and UM/UIM limits. In this scenario, the insurance company will never pay more than $30,000 for any one individual or more than $60,000 for the entirety of all persons affected by a collision.  At first glance, one might think those sums are sufficient, however, with the dramatic rise in medical costs, those sums barely make a dent in the medical costs in cases where there are serious injuries or where multiple people are injured. Keep this in mind, a brief trip on a Medivac Helicopter to Shock Trauma costs approximately $90,0000. A spinal fusion procedure for a back injury can easily run you upwards of $60,000.

 

Do I need uninsured motorist coverage?

UIM coverage can protect you from losing all your assets and going bankrupt from medical expenses or not being able to work when someone who has insufficient insurance coverage injures you in a collision. UIM coverage provides you, the occupants of your vehicle, and your resident family relatives with additional coverage up to the difference between the limits of UIM coverage and the at-fault driver’s bodily injury coverage. In other words, if the vehicle that caused the collision had $30,000 in insurance coverage and you carried a policy with $100,000 in UIM coverage, you could be entitled to additional compensation of up to $70,000 from your UIM policy once you receive the full limits of the bodily injury coverage from the offending vehicle.  Keep in mind that you must first receive the full limits of bodily injury coverage from the offending vehicle before your UIM claim can become ripe.[1]

 

How much uninsured motorist coverage do I need?

With insurance costs always rising, many are lax to purchase sufficient coverage to protect themselves and their families.  While purchasing the minimal amounts of motor vehicle insurance to become a legal driver in Maryland can be costly, especially if you have a negative driving record, it typically does not cost vehicle owners that much more to become sufficiently insured and to increase your protections. I recommend that all vehicle owners purchase a minimum of $250,000 (per person)/$500,000 (per occurrence) in coverage limits for both your Bodily Injury and UM/UIM portions of your policy.[2]  If you have a family, if your family depends upon you for its support, own a business, have substantial assets, or need greater peace of mind, I always recommend obtaining at least $1 million in Bodily Injury and UM/UIM coverage. This additional level of protection will follow you and your family even if they are involved in a collision that does not involve a family vehicle.

While increasing your policy limits will likely increase your insurance premiums, this is definitely not an area of your budget where you want to skimp.  Far too often I hear my clients proudly declare, “I have full coverage.”  Full coverage by no means, however, equates to good, sufficient coverage.  All “full coverage” means is that you carry liability and comprehensive coverage on your vehicle, and sometimes Personal Injury Protection (PIP) as well.  Every day I meet with clients who thought they had sufficient coverage because they purchased “full coverage” wherein reality, all they have is a policy with coverage up to Maryland’s minimal limits of $30,000/$60,000.

Remember, it is extremely important to call and retain a personal injury attorney as soon as you can after any collision or injury you or a loved one sustains.  You should reach out prior to speaking with anyone from any insurance company.  As always, I remain available to consult with you in any injury situation or if you have questions about whether you may be entitled to benefits under any policy of insurance. Please contact me, Jason Wasserman, at (410) 385-9110.

 

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The law firm of Silverman, Thompson, Slutkin & White takes on a limited number of plaintiff’s personal injury cases each month. We limit our intake so we can provide the highest quality representation to each of our clients. To better equip our clients with an understanding of the process, we have broken down the phases of what to expect of our attorney-client relationship.

THE INITIAL CONFERENCE:

General information regarding the incident will be obtained when you are first interviewed. Certain other material relating to things you should not do will be furnished to you. You will be asked to sign authorization forms which will allow us to obtain necessary information. We will schedule a follow-up appointment for you to meet with the attorney handling your case shortly after you retain Silverman Thompson Slutkin and White.
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Arthur deRoaldes Remanjon, a wedding photographer who also documented Fells Point and New Orleans, died Wednesday when the motorcycle he was driving struck a vehicle in the Tuscany- Canterbury section of North Baltimore. A recent article in the Baltimore Sun, documents the life and achievements of this well-known Baltimore resident and describes the tragic circumstances surrounding his death. Every year, hundreds of Maryland residents are injured or killed in motorcycle accidents around the state. Many of these accidents could have been avoided had the other drivers been paying proper attention and following the rules of the road. As experienced accident attorneys, we can help injured citizens and their families recover for accidents caused by negligent drivers. Our firm has secured numerous large verdicts and settlements on behalf of clients who have been injured by negligent drivers.

If you or someone you know is injured in an automobile or motorcycle accident, please feel free to contact Andrew G. Slutkin with further questions or inquiries at 410-385-2786.

Experienced personal injury attorneys know there is no question asked more often and as difficult to answer than; What is my case worth? The answer to this question is based upon many factors which an experienced personal injury lawyer can best answer.

Our system of civil justice is terrible at valuing the loss, but rather consistently values the lawsuit. For instance, there are many cases involving horrific tragedies such as the death of a child, the loss of which can never be compensated for. Nonetheless, our judicial system attempts to assign a value to such an incomprehensible losses. Hence, the value of most lawsuits never truly compensate for the irreplaceable loss of life or limb. So how do we lawyers come up with a value for injury cases? Understanding this is an imperfect science, lets get cracking.

Most experienced personal injury lawyers will consider the below factors, as well as personal experience, to provide clients with a range of what a case may be worth. The factors that determine value of a personal injury case include:

1) Strength of liability
2) Venue
3) Severity of Injury
4) Medical Bills: past and future
5) Economic Loss: Wages and Loss of services
6) Aggravating Factors
7) Skill of Attorneys

Strength of liability: The settlement value of a case will often be greatly affected by the strength of the liability. For instance, if two auto accident plaintiffs have the same injury (broken back) the pretrial settlement offers may vary greatly based upon the strength of the liability argument.

If liability is clear (rear end collision), than the pretrial offer will be higher to take into account that there will be a verdict, and it is just a question of how much. On the other hand, if liability is disputed and the defendant has a chance of winning on liability, the pretrial settlement offer will be considerably less to reflect the real possibility that the defendant may walk away paying nothing.
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Nissan recently decided to recall 204,361 vehicles from its 2007 and 2008 model years in the United States due to the possibility that a passenger side airbag could fail to deploy properly in an accident. The recall covers 2007 and 2008 Nissan Altima, Altima Coupe, 350Z, Murano and Rogue; and Infiniti G35 Sedan, G37 Coupe and EX35 built from March 12, 2007 to May 27, 2008. Please click here for the full article.

The defect was in the passenger side “Occupant Classification System,” which figures out whether the front passenger is present, and if so, whether it’s a child or small adult. Apparently, the problem is with Nissan’s “Occupant Classification System,” which didn’t work properly since it was out of spec. As a consequence, the passenger airbag may not deploy in a serious crash.

For more information regarding Nissan’s recall, or to speak with a trial attorney with experience litigating similar product liability claims against automobile manufacturers, please contact us for a free consultation.

As leading Maryland personal injury lawyers, we are often asked to explain Maryland law regarding wrongful death lawsuits.

Generally, a wrongful death claim is brought by a surviving spouse, child or parent. A Survival claim is brought by the personal representative of an estate.

To recover for a Wrongful Death cause of action, plaintiff must prove: 1) death; 2) negligence of the defendant; and 3) defendant’s negligence proximately caused death of decedent. Weimer v. Hetrick, 309 Md. 536, 547 (1987). In addition to the elements set out by case law, the Wrongful Death statute provides that the plaintiff must be within a category of defined beneficiaries under the statute and the claim must be brought within the applicable time period, 3 years after death of decedent. Md. Cts & Jud. Proc. Art. § 3-904.

Each year, more than forty percent of the total number of traffic fatalities are alcohol related. In this country, nearly 17,000 thousand people are killed on an annual basis in accidents caused by drunk drivers.

Sadly, notwithstanding these horrific statistics, Maryland law does not permit a cause of action against a bar owner, restaurant, homeowner or other individual or entity responsible for negligently serving alcohol to individuals who later get behind the wheel of a car and cause serious, and oftentimes catastrophic, injury to others. See Veytsman v. New York Palace, Inc., 170 Md.App. 104, 122 n.11 (2006). Such a claim is known as tavern liability or “dram shop” liability. In fact, Maryland is one of only three states that do not permit such lawsuits. Maryland law also does not allow an injured victim to recover punitive damages in automobile accident cases, even in instances where the driver that caused the injury has consumed excessive quantities of alcohol or other mind-altering drugs. See Komornik v. Sparks, 331 Md. 720 (1993).
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Maryland is a major transportation corridor for trucking and other interstate travel with Interstate 95 running from North/South and Interstate 70 running East/West. As such, accidents involving tractor trailers and other large motor carriers oftentimes occur on Maryland’s frequently traveled roadways. In many of these cases, the tractor trailer is equipped with a “black box” containing critical information, such as average speeds of travel, top speeds, braking information for “hard stops” or other valuable information just prior to the point of impact. It may also contain information regarding the number of hours the truck was in operation; information that can be compared with the log books the driver and trucking company are required to keep. The black box can be a gold mine of information. The information contained in the black box can be critical to proving liability not just for the negligent truck driver, but for the company that employs him or her. This information can be used to show that a trucking company should have known there were problems with a particular driver.

If you’ve been involved in an automobile accident involving a tractor trailer or other trucking company, it is important to retain counsel early and act quickly. Counsel should send a “spoliation” letter requesting that the trucking company take affirmative steps to preserve evidence, including the data contained in the black box. A substantial amount of the data can be lost if the tractor trailer is put back into service after an accident. Counsel should notice the inspection of the tractor trailer unit. Counsel should also retain expert assistance to download the black box information. You don’t want the defendant-trucking company to beat you to the punch because they can easily erase critical information in the process. In addition to a black box, some trucking companies also use satellite tracking on their vehicles. This too can be a critical resource to explore when prosecuting a trucking accident case.

If you’ve been injured by the negligence of a truck driver, please contact the Maryland personal injury lawyers of Silverman, Thompson, Slutkin & White, LLC. or call Steve Silverman at 410-385-2226.

It’s a familiar, but fallacious argument. A favorite of defense counsel and insurance companies in automobile accident cases: “There was a minor impact, therefore there can only be minor injury, if any injury at all.” Defense lawyers often try to introduce into evidence distorted, grainy or out of focus photographs of minimal property damage without providing any expert testimony about the causal relationship between the amount of property damage and the victim’s injuries. The purpose of this tactic is to disprove by false implication what has been proven by medical evidence; to rebut the testimony of a licensed physician that has reached an opinion to a reasonable degree of medical certainty that the victim’s injuries were caused by the accident in question. There is no mention of the sudden and very high energy forces that are transmitted through the vehicle in the milliseconds after the impact. No mention of the fact that most modern cars are built to withstand a 10-15 mile per hour rear impact without suffering significant property damage, particularly if you’re dealing with an SUV or truck.

Armed only with poor quality photos, too many defense counsel will attempt to manipulate the ignorance (or prejudice) of would be jurors. Such a defense lawyer hopes to prove by innuendo what they know they can’t prove legitimately: minimal damage to a vehicle equates to minimal damage to a human in the car.

In reality, a crash with very little visible property damage can cause extensive, painful and permanent injuries. Crash impact forces are transmitted into sudden and high energy forces causing unexpected acceleration of the subject vehicle, while the occupants of the vehicle (heads, necks, etc.) try to stay in place as their seat-belted bodies are thrust forward by the impact. This sequence of events can lead to a myriad of injuries, including, strained or torn ligaments, weakened connective tissue, bulging or blown discs, hyperextension/hyperflexion of the vertebrae and other painful conditions.

Under Maryland law, an individual or company that entrusts a motor vehicle to another person with knowledge that such person has a propensity for negligent or reckless driving may be held liable for injuries subsequently caused by that person in a motor vehicle collision. For example, a parent that has given a vehicle to a child as a birthday gift (or even if the parent has simply permitted the use of a family vehicle) with knowledge that the child has reckless driving habits may be held liable for personal injuries caused by the child in a motor vehicle collision. The child’s youth, maturity and inexperience behind the wheel may be relevant factors to consider in the appropriate case. Typically, in order to recover under a theory of negligent entrustment it must be shown that the supplier of the vehicle knew or should have known that the driver would operate the vehicle in a manner that posed an unreasonable risk of harm to others.

In some instances, this theory of recovery may apply to an employer that provides an employee with permission to use a company vehicle with knowledge that the employee-driver would be incompetent or reckless behind the wheel. A key component to this theory of liability is the degree of control over the vehicle exercised by the supplier of the vehicle at the time of the accident. The more control exercised by the supplier the better the chance for succeeding on a negligent entrustment claim. In certain circumstances, negligent entrustment can dramatically expand the opportunity to fully and adequately compensate a victim of personal injury.

Experienced Maryland plaintiff’s personal injury lawyers know that it is essential to evaluate whether a negligent entrustment claim can and should be pursued in the appropriate case. Please feel free to contact an experienced personal injury attorney at Silverman Thompson for a free consultation.

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