Lawyers who practice personal injury and accident law in Maryland and across the United States are often surprised to learn that the United States has a right to recover from third parties the reasonable value of medical care and pay that has been furnished or will be furnished in the…
Maryland Accident Attorney Blog
Police Response To Bicycle Accident Troubling
Over the weekend, 20-year-old Johns Hopkins University student Nathan Krasnopoler was critically injured while riding his bicycle. According to the Baltimore Sun, Krasnopoler was riding in a designated bike lane on West University Parkway and W. 39Th Street when he was hit by a vehicle turning right. Krasnopoler is in…
Respondeat Superior/Scope of Employment in Maryland Injury Cases
Often times Maryland lawyers who represent injured victims are faced with the real-world problem of collecting on an otherwise valid claim. This arises in situations where the plaintiff/ victim is injured by a person who does not have any assets or insurance. When the defendant causes the injury while working,…
The law of punitive damages in the District of Columbia
To sustain an award of punitive damages in tort cases in the District of Columbia, the plaintiff must prove, by a preponderance of the evidence, that the defendant committed a tortious act, and by clear and convincing evidence that the act was accompanied by conduct and a state of mind…
Intentional Infliction of Emotional Distress Under Maryland Tort Law
Intentional Infliction of Emotional Distress is very difficult to establish under Maryland personal injury law. In order to prove a prima facie case of IIED in Maryland, the Plaintiff must show: 1. That the conduct was intentional or reckless; 2. The conduct is extreme and outrageous; 3. There is a…
Beware of the Arbitration Clause in Maryland Tort Cases
Many savvy corporations and other entities in Maryland are slyly slipping in arbitration clauses in agreements between parties. Many times these arbitration clauses force victims of personal injury to forgo their right to a jury trial and and undergo binding arbitration. Many times consumers do not even realize what they…
Another Maryland Cyclist Killed by Turning Truck
In a case eerily similar to the John Yates case, the Baltimore Sun is reporting that a Carrol County Cyclist was killed on Tuesday. Apparently John Martin Jr., 51, of New Windsor was riding his bike on Shepherds Mill road when a tractor-trailer driven by Anthony Edward Woodie made a…
Pedestrians in Maryland have right of way in crosswalks
Under relevant Maryland law, pedestrians generally have the right of way when in a crosswalk, and motorists generally have the right of way outside of a crosswalk. Maryland Transportation Article 21-502 requires a motorist to come to a stop when a pedestrian is crossing the roadway in a crosswalk. Additionally,…
Maryland’s Cell Phone Ban Provides a New Tool for Car Accident Lawyers!
Maryland lawyers who litigate car and truck accidents have a new tool at their disposal thanks to the Maryland Legislature’s imminent passage of a ban on handheld cell phones while driving. The new law will make it illegal for a motorist to text or talk on a cell phone while…
When is the statute of limitations for a UM/UIM case?
In the case of Pfeifer v. Phoenix Insurance Co, the Maryland Court of Special Appeals has recently affirmed that the statute of limitations for UM coverage or UIM coverage suit is three years from the date of denial of coverage, orthe exhaustion of the tortfeasors coverage occurs. Practically speaking, if…