June 22, 2009

Are Good Gas Mileage Cars the Cause of More Serious Injuries?

The Insurance Research Council found that rising gas prices in the last few years have increased the number of serious auto accident injuries. The reason is that when drivers switch to smaller vehicles as a result of higher prices at the pump, more accident injuries ensue.

The institute took 9,000 accident claims from 2007, broke them down according to vehicle weight, and found that people driving compacts, sports cars and other smaller cars submitted injury claims that were 14 percent larger, on average, than those of people driving SUVs and other larger vehicles. A hidden cost of small car accidents, according to the study: more people lose work time because of injury than in large-vehicle accidents.

The large vehicle gas guzzler versus small vehicle great gas mileage choice is a false choice in terms of technology: carmakers can build large cars that get good gas mileage. The problem with large cars that get good gas mileage is that they accelerate much more slowly than consumers are willing to tolerate.

June 17, 2009

New Pedestrian Accident Case: Maryland Court of Special Appeals

In MAIF v. Baxter, the Maryland Court of Special Appeals ruled that Maryland law does not require a car insurer to provide uninsured motorist coverage to an uninsured stranger/pedestrian who is struck by a car driven by a person excluded under the insurer’s policy. Basically, the court found that the Maryland Legislature only required that UM coverage be extended to an “insured.”

For once, MAIF was – albeit accidentally – fighting for the good guys, because the pedestrian’s estate asserted a claim against the Uninsured Division of MAIF. The Plaintiff’s estate was relatively indifferent because the UM limit was $20,000 in either event. So, incredibly, we have MAIF fighting unsuccessfully to create good case law for Maryland accident lawyers.

I have not read the nuances of this case closely enough to find great flaw in the court’s interpretation of Maryland uninsured motorist law (and it does not sound as if reading MAIF’s briefs would be of much help in this regard). But this is just bad law. The woman is an innocent pedestrian walking down the street. There is insurance coverage on the car. That should be enough. (But I understand reasonable people can disagree with this premise.)

One funny thing about the case - and this sounds just like MAIF – is that MAIF asserted for the first time in its reply brief that the insurance policy issued by the insurance company that covered the car (Interstate) should have provided coverage.

June 15, 2009

Maryland Appellate Court Opinions

I received an email last week from a lawyer asking me to send them a recent Maryland Court of Special Appeals Court opinion that I wrote about by failed to properly link to the case. You can find Maryland appellate court opinions here.

A goal of mine is to pull out all of the Maryland accident appellate opinions and categorize them. Alas, this has remained just a goal.

June 4, 2009

Average Car Accident Settlement in Maryland

What is the average car accident settlement in Maryland? I don't think anyone knows. But the Maryland Auto Accident Lawyer website has a page with information and resources to try to figure out - within a range of course - the average expected value of your car accident settlement or verdict in Maryland.
This resource provides information that should be helpful to Maryland accident lawyers trying to evaluate car accident cases.

May 28, 2009

Service of Process Out-of-State Defendant

One historic hassle for lawyers serving defendant in Maryland auto accident cases is when the Defendant lives out-of-state. But for auto accidents in Maryland that occurred after October 1, 2008, car accident lawyers can serve the Maryland Motor Vehicle Administration (MVA) to effectuate service.

You can read about the nuances of exactly how to effectuate service in a Maryland car accident case here.

May 22, 2009

Ear Injury Lawsuits: Verdicts and Case Values

What is the value of my ear injury lawsuit? That is a tough question to answer in the abstract because there are so many types of injuries. One common ear injury in auto accident is a burst eardrum caused by a care accident or a slip and fall that causes a direct blow to the side of the head can burst the eardrum. But the ear is a pretty complicated little tool and a lot of things can go wrong, particularly with the flying debris you get in a serious car accident and the damage that can be don just because of the pressure of the air bag explosion.

In medical malpractice cases, there are scores of error that can occur during car and treatment of the ear.

Taking all of this together, Jury Verdict Research has concluded that the median jury verdict for ear injuries is $50,000. JVR reported the same exact number in 2003. But in that study, 5% of ear injury cases resulted in verdicts over $5 million. The message: it is impossible to lump together all ear injures to guess at verdict ranges. The question of value of the ear injury case depends on the scope and extent of the ear injury.

If you have suffered an ear injury in an accident or by medical malpractice in Maryland, call Miller & Zois at 800-553-8082 or click here for a free consultation.

May 20, 2009

Credit Scores and Car Insurance in Maryland

WBAL has a very informational yet unintentionally funny piece on its website about the relationship between car insurance rates and your credit history.

BALTIMORE -- The WBAL TV 11 News I-Team has discovered that your credit can play a huge role in what you pay for auto insurance and there's little you can do about it.

It's been long known that where you live, your marital status and age can impact what you pay for auto insurance, I-Team reporter Deborah Weiner said. But an insurance agent from a well-known company who asked to remain anonymous risked her job to share her outrage with 11 News about credit scores impacting insurance rates.

The agent said she wants consumers to know that even during the recession, most automobile insurers use credit information to rate driver policies, meaning personal problems such as bankruptcies and late payments may result in higher premiums for drivers.

"If you follow the rules and you're a safe driver and you don't have any accidents, there should be no reason -- any other reason -- that your premium should be higher," the agent said.

The full article is available here. It is a well-written and informative article. It is amazing how very people in Maryland understand that their credit score can matter as much as the all important "points on your license" in determining auto insurance rates. The reason: people who are casual with their credit are like to take higher risks in their cars which makes them more likely to get into a car accident - and a more serious car accident - than those with good credit. This is not a theory. It is a statistical fact.

Continue reading "Credit Scores and Car Insurance in Maryland" »

May 11, 2009

Maryland Bike Accident Lawyer

On thing I've learned over the years is that juries hate motorcycles. The image of a crotch rocket driving past at 100 mph is lodged deep in the mind of most of us. I found some very old data today suggesting another juror antipathy: bicyclists. An article in Bicycling almost 20 years ago reported that 67% of car-injured motorcyclists recover an award through litigation, but only 45% of bicyclists recover. (Nelson Pena, Double Standard: Why Injured Cyclists Usually Lose in Court, Bicycling, Dec. 1991)

The motorcycle thing drives our lawyers crazy is when we know our client is a motorcyclist who did the right thing and the defense lawyer is just using the bias against motorcyclists in a way that completely ignores the real facts. But I'm amazed this same bias also exists to bike riders.

If you have been seriously injured in a motorcycle or bike accident in Maryland, call one of our bike accident lawyers at 800-553-8082 or click here for a free no obligation consultation. Our Maryland law firm handles only serious injury accident cases.

April 29, 2009

Text Messages Banned for Howard County Employees

Howard County is trying to do its part to prevent auto accidents in Maryland: an executive order has been issued prohibiting Howard County employees from sending or reading texts or e-mails while driving.

“The research and statistics are there: distracted driving causes accidents,” County Executive Ken Ulman said in a statement. His order cites the statistic that driver inattention causes approximately 80% of car accidents in Maryland. Ulman announced the order Thursday while attending a meeting of the Maryland Highway Safety Foundation.

Maryland does not have a ban against text messaging or emailing while driving. Why? Opponents of such a bill argue that it would lead to a ban on all distractions - not only car radios and GPS devices, but speedometers, dashboard lights, anything and everything that can divert attention and cause car accidents. Opponents of the text messaging ban also argue that there is no telling how many accidents are actually caused by texting while driving and the law is impossible to enforce.

Those are three arguments. The first tries to lump car stereos in with speedometers, taking a drink of coffee and looking at a clock. Good argument tactic, but silly. Texting is harder than changing the radio or checking out the time, and it is going to cause more accidents than those tasks. The relative degrees of risk and common sense are what prevent this slippery slope.

The second argument is also specious. Clearly, we don't need auto accident statistics to know that it is incredibly dangerous to take your attention away from driving to type a full word or sentence on your phone.

The final argument is that it is unenforceable. Making such conduct against the law sends a message. Moreover, if we start taking all of the unenforceable laws we have in Maryland off the books, we are not going to have many laws left. Enforceability should not be a basis for regulating what is appropriate conduct.

If Maryland passed such a law, would it save a single child's life? The answer is almost certainly yes. What kind of freedom would we have to give up for that life? The inalienable right to text message?

So far, Maryland has not joined Alaska, Arkansas, California, Connecticut, Louisiana, Minnesota, New Jersey, Washington and Washington, D.C. in banning text messaging while driving. But hopefully, Maryland will next year.

If you have been seriously injured in a car accident in Maryland - including Maryland accidents that occur as the result of text messaging - call 800-553-8082 to speak to a Maryland auto accident lawyer or click here for a free initial auto accident injury consultation.

April 17, 2009

Maryland Car Insurance Companies: Market Data

I'm always reading about how State Farm and Allstate dominate auto insurance nationally. Our accident lawyers seem to see more of GEICO than any other insurance companies. An article with auto insurance market share data that I found this morning lists the top 5 car insurance companies by market share in Maryland for private passenger cars:

GEICO: 19.6%
State Farm: 19.2%
Allstate Insurance: 14.2%
Nationwide Insurance: 10.1%
Erie Insurance: 6.1%

I've never done a study of the auto accident cases we have in our law office, but this data does not surprise me. Our Maryland accident lawyers certainly see Erie Insurance more than 6.1% of the time, but certainly Erie writes more commercial policies than these other insurance companies.

Speaking of Erie, it is interesting that Erie is the only insurance company on this list that does not have in-house counsel in Maryland. Their defense lawyers – Erie seems to use Rollins Smalkin, mostly in Baltimore, and McCarthy Wilson throughout much of the rest of Maryland - are good lawyers, but I have to think paying their hourly rates makes defending Maryland auto accident case more expensive for Erie than it is for the four insurance companies ahead of them on this list.

March 30, 2009

How Much Money Will I Get for My Maryland Accident Claim?

I don’t know. I really don’t know. That answer is followed by a laundry list of lawyerly explanations: no two cases are the same, each are judged on their merits, blah blah blah. This incredibly trite response is also true. Any accident lawyer who thinks they can accurately evaluate your case without reviewing all of your medical records and bills and understanding the severity of the accident and the injuries is completely kidding themselves – or you.

That said, there is a few things you can look at to better understand the value of your Maryland accident claim. First, there is an understanding of how insurance companies value cases. Second, there is data available on how juries decide similar cases.

Again, going back to the cliché, each case is absolutely different. But if you don’t know whether your case is worth $5,000,000 or $5,000 there are two resources for you. The first is our article on How Insurance Companies Value Personal Injury Cases, which includes a list of injuries and verdict amounts for those types of injures. The second is on the Maryland Auto Accident Lawyer website which breaks down the nuance of how Maryland auto accident cases are valued. In other words, it discusses how much money you might get for your accident claim.

Going back to the title of this article, the question is: how much money will you get for your injuries from the accident and, for some victims, how fast will you get it? That really is the issue in any personal injury case. Our job as Maryland accident lawyers is unambiguous: to get you as much money as possible for your injuries. One question that is critical to the analysis of how much you will recovery is not included in the statistics on accident verdicts: how hard your personal injury lawyer is willing to fight to get you the most money possible.

March 25, 2009

Average Verdict in Chest and Breast Injury Cases

The average verdict in chest and breast injury cases is $279,188, according to a Jury Verdict Research study over the last 10 years. Almost half of these cases were medical malrpractice cases (41%) but the bulk of the remainder is auto, truck and motorcycle accidents. Approximately 43% of the accident cases involve either a turning vehicle or intersection collusion.

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