Appellate Tips

By Ronald V. Miller, Jr on January 27, 2010 4:12 PM | No Comments
Maryland appellate lawyer John Bratt passes along sage advice on handling appellate case.  

Text Messaging for Truck and Bus Drivers

By Ronald V. Miller, Jr on January 27, 2010 3:29 PM | No Comments
The Department of Transportation has ordered that commercial trucks and buses from text messaging while driving.  There is no law on the books, this is a rule promulgated by presidential order which, for bus and truck drivers, is as good as a law.   

Congress is also considering new rules to make even stiffer rules for texting while driving.  The laws are largely symbolic. How can you tell if someone is texting, making a phone call, whatever.  The Baltimore Sun recently reported that 25% of teen drivers told researched they sent text messages while driving.  Almost half of all responders indicated they have driving in a car with someone who was texting while driving.  

The new Maryland law that bans texting while driving has been on the books for about 5 months. I don't think there have been many prosecutions but hopefully the message is clear: you cannot text and drive.


Does Uninsured Motorist Cover Pain and Suffering Damages?

By Ronald V. Miller, Jr on January 27, 2010 3:17 PM | No Comments
Based on the number to times our auto accident lawyers are asked this question, I think it is fair to say there is a huge misconception about this issue.  If there is no insurance or inadequate insurance on behalf of the at-fault driver, your insurance company - the uninsured/underinsured insurer - essentially steps in the the shoes of the defendant and is obligated to pay all damages that you could make against the real bad guy.  Settlement of these cases are never disputed on the basis that the UM carrier is no obligated to pay for pain and suffering.

So, yes, absolutely, pain and suffering damages in Maryland are compensable in an uninsured motorist claim.  

What Your Car Insurance Company Does Not Tell You

By Ronald V. Miller, Jr on January 20, 2010 9:02 AM | No Comments
Chris Earley wrote a good post about this last week in his Massachusetts Auto Accident Blog.

I'm not a big fan of demonizing insurance companies.  They are in the business of making a profit.  Our job as car accident lawyers and your job as consumers is to stay informed, keep them in check, and be ready to fight when they cannot be kept in check.

Lawyer Representation Letter Example

By Ronald V. Miller, Jr on January 11, 2010 10:55 AM | No Comments
We get a lot of hits on Google for lawyers asking for a sample lawyer representation letter in an auto accident case.  You can find one here.  But a word of caution.  If you are getting on Google looking for a sample lawyer representation letter to send out for your injured client, there is a good chance you don't have the experience to handle the case.  Here is the better play: refer it to a good lawyer.  In Maryland and in many states, they will split their fee with you consistent with the Rules of Professional Responsibility (we will do this too, hint, hint.)

If you one day want to handle these cases on your own, ask the experienced accident lawyer to take you along for the ride for the entire case.  Pay attention and learn.  Lather.  Rinse. Repeat.  Keep doing this until you are reading to ride solo.  By that point, the lawyer you referred the cases to should be kind enough to shadow you on the case to make sure you are doing what you should be doing.

Cost of Filing an Auto Accident Lawsuit in Maryland

By Ronald V. Miller, Jr on December 16, 2009 4:20 PM | No Comments
The fee for filing a personal injury lawsuit in Maryland in Circuit Court is $120. This is court  where we spend most of our time.  This is the Maryland court where you get a jury trial.  For smaller case, you file in District Court and the fee is $30,  hese are the fees in state court.  In federal court in Maryland, the fee for filing a personal injury complaint rises to $350. 

Our personal injury law firm advances all of the client's litigation related costs in our personal injury auto accident lawsuits, including filing fees such as these.

   

Auto Accident Settlement Calculator

By Ronald V. Miller, Jr on December 10, 2009 8:33 AM | No Comments
Auto accident victims in Maryland want an accident settlement calculator to determine the value of their case.  "What numbers do I punch in to find out how much my case should settle for with the insurance company?"  

A settlement calculator would be great in an ideal world.  We are all wired to hate uncertainty. In lab experiments, our wiring in this regard is underscored by the fact that we actually prefer physical pain to uncertainty.  

The unfortunate reality is that personal injury cases are far more complicated that than.  The battle over value between Maryland auto accident lawyers and insurance companies is fought not over a settlement formula but over the nuances of the medical records including what were the injuries, how painful and life changing were/are they, and were the bills fair, reasonable and casually related to the accident.  

Serving Defendants in Accident Cases

By Ronald V. Miller, Jr on December 9, 2009 11:49 AM | No Comments
Sometimes, one of the hardest part of a Maryland car accident lawsuit is serving the defendant.  If the defendant wants to be slippery he/she can make it hard.  Eventually the process server our car and truck accident lawyers use are going to get you.  But with an obstructionist defendant, it can take time.  The ancillary problem is the defendant who claim he was never served.  Maryland courts make fighting this nonsense somewhat easy:
[T]he return of service of process is presumed to be true and accurate and a mere denial by a defendant, unsupported by corroborative evidence or circumstances, is not enough to impeach the return of the official process server."  Ashe v. Spears, 263 Md. 622, 627, 284 A.2d 207 (1971).  "This is because the affirmative testimony of the process server acting in the regular routine of duty without a motive to misrepresent must be preferred to the negative evidence of one claiming not to have been served, either for reasons of public policy or as a matter of probability."  Id. at 628, 284 A.2d at 210.  "But the burden of proof is on the person denying he was served, and this burden can only be discharged by adducing conclusive and unrefuted testimony or circumstances, which must be... clear and convincing.  Id.
If you have been seriously injured in a car accident in Maryland, call 800-553-8082 for a free consultation.  Our car accident lawyers are only accepting serious injury accident case. 

Is Speeding Contributory Negligence?

By Ronald V. Miller, Jr on September 25, 2009 12:52 PM | No Comments
In theory, speeding can be contributory negligence.  Under Maryland law, speeding can lead to a finding of negligence if it contributes to an auto accident  and it can be "inferred from such testimony as that the brakes were put on too late, or that the car did not stop until it had gone an extraordinary distance after the brakes were applied."  Speed in excess of the maximum legal rate may be prima facie evidence of negligence or of unreasonable and improper driving. 

So what is to stop defendant's auto accident lawyer from just arguing speed is the cause of the accident?   Maryland law.  Maryland car accident lawyers must vigorously fight efforts by defense attorneys in auto accident cases that try to confuse the court introducing into evidence the argument that the Plaintiff was speeding without a legitimate foundation that the plaintiff's speed was a proximate cause of the auto accident.  Typically, the defendant's argument that speed was a factor is purely speculation.  How does the Defendant know how fast the Plaintiff was going?  Every Maryland accident reconstructionist will tell you that a layperson is awful at estimating speed.  Moreover, Maryland accident law is clear that mere conjecture that the accident might have been caused by the alleged speeding is insufficient to send the case to the jury.

For more details on Maryland law on speeding and contributory negligence, click here. 

Medical Bills from Car Accidents: How to Get Them Paid

By Ronald V. Miller, Jr on September 24, 2009 3:30 PM | No Comments
Almost every car accident victim in Maryland would like to put a lot of money in their pocket if they are injured in a serious car accident.  But, for many, particularly in this economy, they want to put first things first: how do I get my medical bills paid to avoid falling into further debt?

This article answers this question of how you get your medical bills paid after a car accident in Maryland. 
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