Posted On: August 31, 2009

Toyota Lawsuit

A former Toyota lawyer is accusing the car maker of illegally withholding evidence in hundreds of rollover death and injury cases, in a "ruthless conspiracy" to hide evidence of "its vehicles' structural shortcomings."

Toyota calls the accusations "inaccurate" and accuses the attorney of violating "his ethical and professional obligations."

As to the latter charge, let's assume the lawyer violated the lawyer-client privilege. Okay, he should be disbarred if that is true. Still, forget about blaming the messenger. What did Toyota do?

Having said that, I will say this: Toyota does make a really good car.

Posted On: August 31, 2009

Average Verdict in Maryland Dog Bite Cases

According to Metro Verdicts Monthly, the median settlement or verdict in a Maryland dog bit case is $24,661. There is no data on the average dog bit case. My guess - and it is just a guess - is $100,000.

In Maryland, the owner of a dog is not liable for injuries caused by it unless the dog has a vicious propensity and the owner knows that. Once established that the dog is vicious and the owner knew about it, the owner has to keep the dog from biting people. In fact, proof of negligence on the part of the owner of the dog is unnecessary. In other words, it is perfectly okay to have a vicious dog. But dog owners of vicious dogs must make sure others are protected from their vicious dog.

Posted On: August 26, 2009

Progressive and Pet Insurance

I really find this interesting:

Progressive Insurance announced the availability of insurance protection for pets in automobiles. The announcement was colored as a promotional move to entice new customers. I just about busted a gut when I heard about it. The fact of the matter is that insurance actuary tables reveal that by percentage, autos with pets riding in them have fewer and less destructive collisions than automobiles without pets in them. George Soros doesn't give a rat's patootie about your pet. It's all about his own bottom line. In fact, if those same actuary tables showed beyond a doubt that natural blondes had fewer auto collisions than the rest of us, hair color would be a determining factor in calculating your insurance premium and natural blonds would get preferred rates. It's that simple.

What a cynical view of the insurance industry! Yet, so accurate.

You really have to wonder why there would be a correlation between driving with a pet and safety. What is the correlation between driving with children and driver safety and how does it compare to driving with pets? I would be really curious.

Posted On: August 7, 2009

Suing an Estate

We get a lot of questions about suing someone who has passed. It is not fun to sue a dead person but you have to do what you have to do to ensure a recovery for your client. Thankfully, you are suing the estate almost invariably in name only and their is an insurance company standing behind the lawsuit.

If the decedent had an estate, it is pretty easy: you sue the estate and serve the personal representative. Click here for an outline of how to handle this situation if you have a decedent defendant in a Maryland accident case.

Posted On: August 7, 2009

Maryland Accident Lawyer Practice Tip: Talking to Clients About the Value of Their Case

Maryland accident lawyers should not be discussing the value of the client's accident claim in accident lawyer's first conversation with the client. Why? Because no accident lawyer knows the value of any accident claim until the lawyer reviews the medical records. This is true in 99.99% of the cases. A lawyer cannot even begin to estimate the value of the claim until all of the facts are evaluated. The facts in an accident case aer not in until the bills, reports, and other documents are received and evaluated.

Accident lawyers are often told never to ask your client’s opinion of value. I appreciate the point but there can be a benefit to it because you can compare the client’s view with your own with an eye toward managing client expectations. If you see the case value very differently than the client, you need to have a frank discussion about the merits of the case, the damages that may be claimed, and any pertinent legal issues.

Posted On: August 4, 2009

Speed Camera Law in Maryland

Maryland Governor Martin O'Malley signed into law on Senate Bill 277, a controversial law that I suspect will decrease the number of fatal accidents in Maryland. This new Maryland law provides for the use of speed cameras in highway work zones and within a half-mile radius of schools, which means that they can be placed on freeways in work zones or close to schools.
Maryland and Arizona are the only states with laws on the books that provide for the use of freeway speed cameras.

In is apodictic that a disporportate number of fatal Maryland car accident involve pedestrians. What kind of pedestrians? With incredibly frequency, our accident lawyers see two kinds of fatal pedestrian accident cases: kids and workers in a work zone. This law addresses both of these problems.

This issue is on my brain because I'm meeting with the parents of a child who died last week in a pedestrian accident in the next 20 minutes. I realize that people have a legitimate fear of Big Brother and I do appreciate that fear. But if it saves the lives of kids, is it really too invasive to make use technology to make sure people follow the law on a public road?

Maryland's law takes effect on October 1.