A Florida jury returned a verdict of $21.62 million in a wrongful death and survivor action where a 32 year old woman was rear-ended by another driver talking on her cell phone while driving. The force of the rear-end collision pushed the decedent’s car across the median strip and into oncoming traffic. She was killed when an SUV struck her vehicle head-on.

The decedent’s husband, individually and on behalf of his wife’s estate, and their two minor children sued the driver of the vehicle and the company that owned the driver’s car. The vehicle had been given to the driver’s husband for company business.

Incredibly, the defendants claimed that the rear-impact was minor and was not forceful enough to push the decedent’s vehicle across the median strip. The defendants argued that the decedent had accidentally accelerated after the impact and that the car that struck her when her vehicle was pushed into oncoming traffic failed to take appropriate action to avoid the collision. The defendant driver also maintained that she wasn’t talking on her cell phone at the time of the collision. The plaintiffs, however, subpoenaed the driver’s cell phone records, which indicated that she was talking on the phone with her husband at the precise time of the collision.

Oftentimes, in automobile accident cases, it may be difficult to obtain service for an individual defendant. Perhaps the defendant provided the wrong address at the scene of the accident. Or perhaps the defendant has moved at some point between the date of the accident and the date suit is actually filed. Fortunately, Maryland law sets forth a statutory tool for obtaining a defendant’s last known address from the defendant’s insurance company.

Under section 6-311 of the Courts and Judicial Proceedings Article, a plaintiff may request a defendant’s last known address directly from the defendant’s insurance company. In order to obtain this information, the plaintiff must file a certification with the court (i) stating that the defendant had insurance coverage at the time of the incident, (ii) detailing the reasonable efforts made by the plaintiff to locate the defendant; and (iii) stating that the defendant is evading service or that the whereabouts of the defendant are unknown. This certification must also be served upon the defendant’s insurer.

This statutory tool can prove invaluable for tracking down a defendant who is attempting to evade service of process or who had moved since the date of the incident. This statute can be a very inexpensive tool for obtaining very important information. I have used it in my practice a number of times.

Sometimes, individuals that do not carry automobile insurance coverage (because they do not drive) are injured by an uninsured motorist or “phantom vehicle.” The Maryland legislature has created a special fund to compensate these victims. In certain circumstances, it may be possible to make a claim against this government-managed fund when a person has been injured (or his or her property has been damaged) by the negligent act or omission of an uninsured motorist or a motorist that has fled the scene of the collision and cannot be identified.

When someone is struck by a “phantom vehicle,” the injured person must demonstrate that he or she has made all “reasonable efforts” to ascertain the identity of the motor vehicle and the owner/operator of the motor vehicle that stuck him or her, but was unsuccessful. What constitutes “reasonable efforts” is determined on a case by case basis, but Maryland courts have historically applied a much heightened standard. Generally speaking, “reasonable efforts” are the same efforts that one would expect an injured person to make if he or she knew there would be zero recovery unless he or she actually located the driver of the phantom vehicle. These efforts may include, but certainly are not limited to, interviewing all available witnesses, searching the surrounding area for the vehicle, publishing a notice in a local paper and/or hiring a private investigator.

When someone is struck by a disappearing motorist or phantom vehicle, it is imperative that swift action is taken to properly preserve the rights an injured party may have. For that reason, it is important to hire an experienced trial attorney that is familiar with the statutory rules for pursuing a recovery against the fund and who has the resources to make “all reasonable efforts” to obtain the identity of the phantom vehicle.

A Cheyenne, Wyoming jury awarded a husband and wife more than $18 million in a personal injury lawsuit arising out of a tractor-trailer collision. The driver of the tractor-trailer and the trucking company that employed her were found to be negligent in causing the crash. The defendants claimed that the husband, who was very seriously injured and sustained severe brain damage as a result of the crash, was negligent in causing the collision. The jury disagreed. A copy of the article regarding the case can be found here.

Trucking cases can be very difficult and complex cases to handle and it is very important to be represented by an experienced trial attorney who is familiar with the statutes, rules and regulations that are applicable to truck drivers and trucking companies. These statutes, rules and regulations may add another layer of complexity to an otherwise typical automobile accident case. There are certain records that a trucking company is required by law to maintain. These records can be critical to the outcome of trucking case where a party has sustained serious personal injuries. For instance, Department of Transportation regulations govern the inspection and maintenance responsibilities of most motor carriers and truck drivers that conduct interstate operations. These regulations have been adopted by the Maryland legislature and apply with equal force to intrastate motor carriers that conduct business entirely within the State of Maryland.

Some trucking accidents happen when a tire blows on a dump truck or tractor-trailer. At first glance, one might conclude that such “acts of God” are not related to any negligent act or omission on the part of the truck driver or the trucking company. However, that may not be the case. Department of Transportation regulations provide, among other things, that it is unlawful to operate any commercial vehicle unless the driver is certain that the tires and other component parts are in good working order. No motor vehicle may be operated on a tire which has an inflation pressure less than that specified for the load being carried. Wheels and rims may not be cracked or broken when the truck is being operated. Every motor carrier is obligated to systematically inspect, repair and maintain all motor vehicles under its control, including the wheels and rims. The motor vehicle is required to maintain a record of all inspection, repairs and maintenance for six months after the vehicle leaves the motor carrier’s control. Every motor carrier must require each of its drivers to prepare a report in writing at the completion of each work day on each vehicle operated. The report is required to identify the vehicle and list any defect or deficiency which would affect the safety of operating the vehicle. If no defect or deficiency is discovered, the report must so indicate. The report must be signed by the driver. Any deficiency or defect must be repaired prior to the operation of the vehicle. A driver must be satisfied that the vehicle is in safe operating condition prior to operating it. Every driver is required to review the last driver inspection report before operating the vehicle and must sign the report if any defects or deficiencies were previously noted to certify that the required repairs have been performed.

Experienced Maryland personal injury attorneys can help parents or guardians recovery money for injuries suffered by their children in automobile accidents. Whether or not the parent a guardian was involved in the car crash that injured the child is irrelevant to whether a parent/guardian can collect on behalf of the minor child.
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Metro has agreed to pay $2.3 million to settle a wrongful death lawsuit brought by a man whose wife was killed when she was struck by a Metrobus last year. The man who brought the lawsuit wanted to hold Metro accountable when it struck and killed his wife and his wife’s friend, both of whom were walking in a crosswalk at the time of the incident.

In Maryland, every year numerous individuals are injured by the negligence of the drivers and operators of various methods of mass transportation, whether it’s an MTA bus, the Lightrail or the Metro. When mass transit operators have caused injury, through error or negligence, it is important that they be held accountable. This level of accountability is a profound way to bring about changes that may be advantageous to, and further protect, the health and welfare of the public in general. This level of accountability is also a means to redress whatever wrong or violation may have occurred.

When an individual is seriously injured in a collision involving a bus, metro train, Lightrail or other means of mass transportation, it is important to consult an experienced trial lawyer to determine whether a lawsuit is warranted and necessary. Such cases are extremely important to pursue so that adequate compensation can be obtained for an injured victim so that he or she can get the best medical and other care under the circumstances.

As an experienced Maryland personal injury lawyer, I see many injured victims in automobile accidents who are afraid to seek recovery for damages because they either are driving uninsured or their driver’s license is suspended.

Maryland law does not discriminate against victims of other people’s negligence because they are uninsured or their driver’s license is suspended. Maryland accident or negligence law only recognizes contributory negligence. Driving without insurance or a valid Maryland driver’s license is not recognized as contributory negligence in Maryland. Accident victims in Maryland can proceed to recover damages despite these perceived problems. To learn more about victim’s rights in Maryland, please contact the personal injury lawyers at Silverman, Thompson , Slutkin & White for a free consultation.