Earlier this month, a state appellate court issued a written opinion in a personal injury case illustrating the difficulties that Maryland car accident victims may encounter when trying to file a claim against their own insurance policy’s underinsured motorist provision. The case required the court to determine if the plaintiff’s…
Articles Posted in Auto Injury Law and Legislation
Seatbelt Non-Use Cannot Be Argued in Maryland Car Accident Cases
Seatbelt use is one of the best ways to limit the potentially disastrous effects of a serious car accident. According to a recent news report, over the past few decades, lawmakers across the country have tried to cut back on the number of fatal car accidents by passing “click it…
The Continuing Problem of Drunk Driving on Maryland Roads
Despite the millions of dollars spent by the state and federal governments to curb the dangerous habit of drunk driving, the reality is that drunk drivers still pose a serious threat to Maryland motorists. While the total number of alcohol-related deaths has fallen, the percentage of alcohol-related deaths in relation…
Court Discusses Employer Liability in Employee Car Accident Case
Earlier this month, a New York appellate court issued a written opinion in an interesting case discussing when an employer may be held liable for the negligent actions of an employee. In the case, Fountain v. Karim, the court determined that the lower court failed to make a necessary factual…
State Court Rules Defendants Have a Right to Raise Seat Belt Non-use as an Affirmative Defense
Earlier this month, the Arkansas Supreme Court issued an opinion overruling a legislatively enacted rule that prevented defendants in personal injury cases from asserting that the accident victim’s failure to wear a seat belt at the time of the accident contributed to the cause of the victim’s injuries. In the…
Plaintiff Sanctioned by Court for Bringing Claim for Punitive Damages Without Basis
Earlier this month, a state supreme court heard a case that was filed by one motorist against another, alleging that the defendant’s negligence caused not only the accident but also the injuries the plaintiff suffered. The case contained claims of both compensatory and punitive damages, alleging that the defendant’s “willful,…
Trial Judge Allowed to Modify Jury Verdict in Favor of Plaintiff When Jury’s Verdict “Shockingly” Low
Earlier this month, the Supreme Court of South Carolina heard an interesting case dealing with the trial judge’s ability to modify a jury’s verdict if he or she does not agree with the amount of compensation after liability has been established. In the case, Riley v. Ford Motor Company, the…
Distracted Driving Trends Continue in Maryland, Despite Efforts By Lawmakers and Police
Two years ago, the Maryland legislature passed a law making it a primary offense to talk on a cell phone while driving, and texting while driving has been against the law in Maryland for several years prior to the passage of that law. Since the passage of these laws, police…
Personal Injury Plaintiffs Lose on Appeal Due to Inadmissible Expert Testimony
Earlier this year, the Virginia Supreme Court heard a case involving a man who was seriously injured after the Hyundai he was driving left the roadway, slammed into several snow banks, and then struck a large tree. Although the car was equipped with a side airbag, the airbag did not deploy during the…
What Is a Diminished Value Car Insurance Claim?
Say you have a newer car and are involved in an accident that is not your fault. When it comes time for the insurance company to reimburse you for the repairs that your automobile needs to bring it back to its old functioning self, the insurance company will either solicit…