Posted On: April 23, 2010

Truck Accidents

The problem with big rig trucks is there are just too many ways they can cause serious accidents. My husband just called me and reported the traffic is stopped on the Baltimore Beltway because a truck apparently shifted too abruptly causing the pavers it was hauling to fly out of the truck, sending them across the jersey wall and into oncoming traffic.

There are just so many different consequences that can stem from negligence in big rig tractor trailers accidents that don't exist with passenger vehicles. Apparently, what happened here is one of those truck accident risks the general public thinks very little about: properly securing the truck's load. Federal law clearly sets forth a trucker's obligations in this regard under 49 CFR 392.9

Posted On: April 23, 2010

Sample Closing Statement in an Auto Accident

This is a sample closing statement I gave in an auto accident case in Prince George's County where the jury awarded $8 million.

Posted On: April 22, 2010

Fatal Maryland Motorcycle Accidents Decline

Maryland motorcycle accident deaths are down approximately 20%, from 83 deaths in 2008 to 63 deaths in 2009. While that is 63 deaths too many, it reverses the trend of increasing motorcycle deaths in Maryland in the last decade. Maryland's move toward better motorcycle safety mirrors the rest of the country. There were approximately 500 fewer fatal motorcycle accidents nationally in 2009 than in 2008.

Why the sudden decline in fatalities? No one knows for sure. The optimists argue that motorcycle safety and easier to handle motorcycles are the reason for the decline in the death rate. The pessimists argue that economic meltdown means less discretionary income which means less motorcycles on the street. Some have also suggested bad weather played a paradoxically positive role - less good days to ride equals less motorcycle accidents. Let's hope the optimists are right and this new trend forebodes a shift to decreasing the overall number of motorcycle accidents.

Posted On: April 22, 2010

Amica Insurance Accident Claims

Amica Insurance has a method of trying to get a pseudo recorded statement from accident victims who have refused to give recorded statements. The tactic? Amica Insurance's property damage adjuster will refuse to make a payment for the total loss of their vehicle or for the repairs unless the victim agrees to a recorded statement.

As far as bullying tactics go, Amica's strategy is a pretty good one. Even accident victims who know the perils of recorded statements are eager to settle their property damage claims and Amica uses this as leverage. Unrepresented victims and clients with weak-willed lawyers rollover and then Amica has a signed statement to use in cross-examining the plaintiff at trial.

Maryland car accident lawyers encountering this problem simply need to immediately file a lawsuit. I'll bet Amica will back down.

Posted On: April 8, 2010

Dram Shop Verdict in Oregon: What Should We Do in Maryland?

The South Carolina Lawyer Blog reports on a $1.3 million verdict against a restaurant in Oregon. The jury found that the restaurant served too much alcohol to a convicted drunk driver who then drove out and killed two young women.

Maryland does not currently have dram shop laws that allow for civil liability. As we have argued on the Maryland Injury Lawyer Blog, the Maryland legislature needs to join the 21st century and acknowledge that we can do more to stop drunk drivers. Holding servers of alcohol responsible where they know or should know that someone will potentially put the public at risk by serving someone clearly intoxicated is a step towards stopping drunk drivers.


Posted On: April 5, 2010

Seroquel Update: Still No Good News

Losses continue to pile up for Plaintiffs in the Seroquel litigation. The Drug and Medical Device Law Blog reports two more defeats on summary judgment in
Delaware state court.

The endless succession of defeats for plaintiffs in these Seroquel lawsuits has to make plaintiffs' lawyers look twice at these cases. Anyone who says otherwise is lying. I think the new reality is that there is a significant - don't ask me to define significant - number of Seroquel lawsuits that will not get past summary judgment. But there are thousands of cases left and I still think there is going to be a turning point in these cases for plaintiffs. There are just too many good facts for plaintiffs
for this litigation to blow up.