Posted on February 10, 2022 in Truck Accidents

Motor vehicle crashes can be traumatic for those involved, particularly when they involve severe injuries or even fatalities. Amid these tragic incidents, different and sometimes contradictory recollections emerge. The differing stories may be due to the cataclysmic nature of the incident. It may be a conscious effort to omit crucial facts; it could be forgetting the details over time or for some other reason.

So, it is often useful to bring in independent investigators trained to examine the crash’s circumstances. They can then do a reconstruction and analysis of the incident. They can then determine if a semi-truck driver was going too fast, an SUV driver was distracted, or a motorcycle rider was acting recklessly.

LOOKING FOR CLUES

Motor vehicle crash experts do causation forensics that determines the crash’s how and why. They go to the site of the collision or use photos from the scene, looking for clues. These include:

• Skidmarks
• Damage to the surrounding area

Continue Reading ››

 Posted on February 04, 2022 in Truck Accidents

If you’re a motorist in Maryland, you may benefit from learning more about how the mediation process for auto accidents works. Mediation is a type of alternative dispute resolution used to help settle car accident claims. The parties involved may opt for mediation on their own accord or as the result of a court order. A trained professional known as a mediator attempts to help the two parties, or their insurers, reach an agreement.

UNDERSTANDING MEDIATION

Mediation and arbitration are not synonymous. The mediator doesn’t have the power to require anything of either party, but they can make recommendations. Mediation can only be accomplished if both parties reach an agreement. The mediator is there to try to bring the parties together and facilitate a mutual agreement. The insurer cannot be forced into mediation. If a lawsuit is filed, the courts may require mediation. If the insurer doesn’t agree to arbitration, mediation may still be possible.

Continue Reading ››

 Posted on January 20, 2022 in Truck Accidents

Maryland drivers must remember to stay on the lookout for motorcyclists while driving. Because of their smaller size, it’s easy to miss them until it’s too late.

CAR DRIVERS ARE USUALLY AT FAULT

In over 50% of motorcycle crashes in Maryland, the car driver is at fault. To do your part in keeping everyone safer on the road, get into the habit of checking two or three times for motorcycles before you change lanes, merge or pull into traffic. It’s far too easy to miss cyclists when you’re not actively checking for them.

ELIMINATE DISTRACTIONS WHILE DRIVING

Distracted driving is the cause of many accidents not just motorcycle accidents. You shouldn’t eat, text or talk while driving. Talking to passengers in your vehicle is also distracted driving. You should explain to your passengers that you would like to focus on the road to keep everyone safer.

MOTORCYCLE ACCIDENTS ARE FATAL FOR THE MOTORCYCLIST

Accidents in Maryland that involve a motorcyclist cause twice the fatality rate as all other fatal crashes in the state. Motorcyclists ages 24–31 in the state experience the greatest percentage of accidents among motorcycle wrecks. Most motorcycle accidents result in serious injury or death.

Continue Reading ››

 Posted on January 07, 2022 in Truck Accidents

Wrongful death lawsuits in Virginia usually result from the negligent actions of another person who assumes legal liability for the damages that they cause. Common examples of wrongful death include fatalities resulting from medical malpractice, auto accidents, and workplace accidents. Here’s what you need to know about who can bring a wrongful death suit in Virginia.

WHO CAN BRING A WRONGFUL DEATH SUIT IN VIRGINIA?

Virginia state law § 8.01-53 governs who can file wrongful death claims in the state.
Direct family members are typically the parties who file wrongful death claims. The potential eligible plaintiffs include the surviving spouse of the deceased, children of the deceased, the grandchildren of the deceased, and the parents of the deceased (if they relied on the deceased for support). If none of those exist, then other family members may qualify to receive compensation.

Continue Reading ››

 Posted on December 28, 2021 in Truck Accidents

Truck drivers in Maryland and around the country used to have to be at least 21 years old before they could be hired for interstate trips. However, a new infrastructure law will allow people as young as 18 to become long-haul truckers. The change to federal regulations is an effort to solve an ongoing truck driver shortage that could affect supply chains across the country.

SAFETY ADVOCATES ARE WORRIED

Younger truck drivers have much less experience than the seasoned highway veterans that are getting ready to retire. However, the trucking industry is short an estimated 80,000 drivers, and trucking companies need to hire new drivers to meet industry demands. Safety advocates say that lowering the age for truck drivers isn’t the answer since teenagers have a four-times higher chance of being involved in big rig accidents than older drivers.

RULES HAVE ALREADY BEEN RELAXED

Scheduling regulations for the trucking industry have already been relaxed by the Department of Transportation in recent years. Under the Trump administration, there was an exemption created for truckers that needed to work 14-hour shifts close to their starting points. In most cases, truckers are limited to 11-hour workdays and a maximum of 70 hours of driving per week.

Continue Reading ››

 Posted on December 08, 2021 in Truck Accidents

Wearing a seat belt means much more than merely complying with Maryland law while driving a vehicle. Not wearing a seat belt while riding in a vehicle can also be a serious point of contention when involved in an accident if the respondent insurance company wants to be difficult in settling a personal injury claim. This applies to both drivers and passengers.

CONTRIBUTORY NEGLIGENCE

Most states in the union use modified or pure comparative negligence law when accident injury cases are evaluated for approval, but not Maryland. It uses the antiquated contributory negligence law that allows personal injury claims from car accidents to be denied when the injured party even has 1% of fault for their own injuries. This not only applies to drivers but also potentially to passengers who were not wearing a seat belt at the time.

NEGLIGENCE EVALUATION

Auto accident injury claims are often defended strongly when the insurance company thinks they have the slightest level of legal grounds for a claim denial. The role of the claims adjuster in these cases is to look for any technicality that could support a contributory negligence defense to the claim. Drivers are not only evaluated for contributory negligence when the case goes to court, but whether or not any injured claimant was wearing a seat belt will be introduced into the record as well.

Continue Reading ››

 Posted on December 01, 2021 in Truck Accidents

In 2020, there were more than 95,000 car accidents in Maryland, according to the Maryland Department of Transportation (MDOT). Car crashes can occur for various reasons, but the MDOT has identified three major causes for these accidents. To avoid getting into a serious collision, you should know about the most common causes of crashes and how to prevent them.

DISTRACTED DRIVING

Almost half of the crashes in 2020 in Maryland were caused by distracted driving. Distracted driving constitutes any activity that takes the driver’s attention off the act of driving, such as eating, drinking, texting, talking to passengers and fiddling with the stereo. To prevent distracted driving, keep your eyes on the road at all times and wait until you reach your destination to send a text or respond to a message.

SPEEDING

There were 7,564 crashes caused by speeding in 2020, as reported by the MDOT. Speeding also caused more than 3,000 people to get injuries. The speed limits exist for a good reason. When one person exceeds them, their probability of getting into a serious accident increases.  Because of this, always drive below the speed limit to avoid a collision. Also, when there is bad weather or bad road conditions, drive even slower.

Continue Reading ››

 Posted on November 29, 2021 in Truck Accidents

The National Transportation Safety Board (NTSB) reports that 1,700 people are killed each year due to rear-end collisions. Maryland has some of the busiest roadways in the nation and a significant number of rear-end accidents resulting in personal injury and death. Most laws favor the front car driver, with few exceptions.

WHEN IS REAR-ENDING SOMEONE NOT YOUR FAULT?

When someone is rear-ended, there is likely to be a personal injury. The injury can be a minor whiplash or a severe trauma such as loss of limb or life. In any case, the medical costs to care for the injured party(s) can be expensive. Since the “Assured Clear Distance Ahead” Rule is the law nationwide with some variations, it is thought to be the fault of the rear-ender in most rear-end accidents.

An example is being rear-ended so forcefully that no braking action could prevent you from rear-ending the vehicle in front of you. That is a challenging argument to prove but, dash cams are adding more credibility to the contention. The ACDA rule says that every driver is responsible for maintaining a safe distance from the driver in front of them. The front driver could stop suddenly for no apparent reason to the driver behind them, but the ACDA rule would likely find the rear driver at fault.

Continue Reading ››

 Posted on November 10, 2021 in Truck Accidents

If you have considered filing a wrongful death lawsuit in Maryland on behalf of a loved one who passed away due to another person’s negligence, you have a limited amount of time in which to do so. The time frame for filing is called the statute of limitations, and if you attempt to file beyond the expiration date, your lawsuit will probably be thrown out of court.

WHAT IS A STATUTE OF LIMITATIONS?

A statute of limitations is essentially the length of time in which you can legally file a lawsuit after a harmful act. For wrongful death, the statute of limitations is three years from the date on which the death occurred. Generally, the state of Maryland has a three-year statute of limitations for most civil lawsuits. However, there are different rules for certain non-fatal negligence claims. One such case applies to medical malpractice. The statute of limitations in Maryland in this regard is the earlier to occur of five years after the date of the incident that led to the harm or three years after the victim discovered, or reasonably should have discovered, the injury.

Continue Reading ››

 Posted on October 19, 2021 in Truck Accidents

For attorney Morgan Whitlock, personal injury isn’t just a job. It’s a passion.

The founding lawyer of Whitlock Law, LLC, in Silver Spring, Maryland, has gained national attention for her dedication to making a difference. She was recently featured in a Forbes article showcasing her determination and persistence in the personal injury field.

The article highlights how attorney Whitlock consistently goes above and beyond to address the needs of her clients. For example, she routinely goes to bat to get clients the full medical care and coverage they need, even helping them find competent medical providers in specialty fields. She sees herself as not just their legal adviser but their advocate as well — an ally with them in their fight for justice.

HOLDING INSURANCE COMPANIES ACCOUNTABLE

A consistent theme in attorney Whitlock’s practice is addressing the failure of insurance companies to treat policyholders fairly. Insurers often don’t come through for injury victims at the very times they’re needed the most. Without a strong attorney to intervene on their behalf, clients are left to struggle with delays, underpayments and even wrongful denials. Those are difficult blows to endure during what is often already one of the worst periods in a client’s life after a serious accident, injury or loss.

Continue Reading ››