Maryland Accident Lawyer Blog

We now have a page in Spanish for Spanish speaking car accident victims in Maryland titled Maryland Accidentes Abogado. Hamblamos Español.

Let me begin this post with a disclaimer. I am a Maryland accident lawyer who handles serious injury cases only. My law firm does not handle property damage or minor injury claims. But, without a doubt, property damage claims are vexing for the vast majority of people who are involved in a car accident. So let me give you my thoughts on property damage cases. You can also find more information along with my law firm's thoughts on property damage claims on our website.

Continue reading " Property Damage Claims " »

Our accident lawyers see more rear-end car crashes than any type of car accident in our law practice. Statistics bear this out. In Maryland, rear-end accidents are the most common type of automobile accident reported. In fact, incredibly, for every 100 miles traveled within the state of Maryland there are approximately 27 rear-end accidents reported. Most are harmless and do not cause any injury. But it is still an incredible statistic.

People, fortunately, even sometimes insurance adjusters, generally presume that in a rear-end car crash, the person that strikes another from behind is automatically deemed negligent and at fault for the accident. Though a rear-end accident does not produce a high amount of injury in comparison to front-end collisions, the human and property damage and losses cost residents in the state of Maryland millions of dollars in medical expenses, loss of production, time and insurance claims. Nationally, the Department of Transportation estimates that over $5 billion dollars are spent each year on recovering from rear-end accidents - another mind numbing statistic.

As stated earlier, when it comes to who is at-fault for a rear-end accident, it is typically assumed that the vehicle that strikes from the rear is automatically at fault. This is usually attributed to the fact that the rear vehicle is following the lead vehicle too closely. Therefore when sudden braking or other actions are required, the driver operating the closely following rear vehicle is unable to correct their actions and avoid the accident. Maryland law echoes that populist sentiment in Andrade v. Housein, in which the Maryland Court of Special Appeals found that in rear-end collisions, the rebuttable presumption is that the rear ending driver is at fault for the accident. This presumption can be rebutted but the rear-ended car has a leg up in the battle for evidence.

• More on rear end car accidents in Maryland
• Overview of Maryland car accident claims

After a serious car accident, the tow truck comes to take your car away. The New York Times writes today about an issue we have not seen a lot of in Maryland: tow truck scams.

How much can a tow truck driver charge? If there is no agreement on fee, the tow truck driver/company cannot charge beyond what fair, reasonable and customary in the tow truck industry. How much that is is going to vary upon jurisdiction, distance, difficulty of the tow and a lot of other factors. But, certainly, tow truck companies cannot set any price they like and lawfully require payment.

Within the United States, Progressive Auto Insurance is one of the largest insurance companies, holding over 10 million policies and growing. They stand along the lines of other insurers such as State Farm, Allstate, Nationwide Insurance, Farmers Insurance and USAA. Progressive currently offers policies to individuals for automobiles, motorcycles, boats, and even recreational vehicles. Known best by their advertising campaigns sporting a quirky sales woman, Progressive wants to be known to consumers as just that – a “progressive” insurance company.

To its credit, Progressive Insurance has a reputation in Maryland for being prompt and professional when dealing with a consumer’s accident attorney. And Progressive Insurance adjusters follow up on demand letters and offers as quickly as any car insurance company in Maryland. But, let me tell you, when it comes to the actual settlement offered by Progressive, it is well below any average insurance company in Maryland, even the notably stingy State Farm. I've read this is true in other states as well. I have no idea but I would not be surprised. Their paradigm appears to be "see if the victim will file suit" first.

Progressive Insurance is known for their abundance of $20,000 to $100,000 injury claim policies within the state of Maryland. As an accident attorney, if your client has a small to mid-sized claim, don't be surprised if their offer barely covers your client's medical bills and lost wages. An accident victim is typically better off filing a lawsuit against their Progressive insured than actually expecting or attempting to reach a settlement. Progressive does have their own law firms throughout the country that represent them in accident lawsuits but last I checked, Progressive has only four (4) in-house attorneys in Maryland. They are ill-suited for long drawn out fights just for the sake of fighting.

Progressive Insurance has more than enough complaints filed with both the Better Business Bureau and Consumer Affairs in regard to their low-ball settlement offers and simple denials of claims. But, look, this is why we have lawyers and why we have a legal system. I think too much time is spent by Maryland accident lawyers complaining about Progressive and other tight insurance companies. If you don't like their settlement offer, file a lawsuit.

What is justice in a fatal car accident in Maryland? Your view of this usually depends on which side of the fence you find yourself. If you love someone who has been killed in a car accident, justice usually demands jail. The logic is unassailable: a very special person has been killed. How can you walk around free, paying a ticket and letting your insurance company pay for the loss after killing someone I love? Justice dictates punishment.

If you or someone you care about negligently killed someone in an accident, you see it very differently. Accidents happen. You know you are going to live with it for the rest of your life. But lots of people make mistakes and cause accidents and you "drew the wrong cards" when your accident proved fatal.

Certainly, it is fair to say that there are two categories of drivers: drunk and not drunk. If you killed someone while drinking and driving, it is hard to argue you should not be punished. The harder issue is the person who chooses not to pay attention behind the wheel and causes a fatal accident. It is their fault, it is their responsibility. But they are not criminals, at least in the usual sense of the word. What do we do with them? Having represented a lot of families who have lost a loved one, I can tell you where 85% of these people sit: real, substantive punishment.

• How does a criminal conviction impact a fatal accident claim?
• Montgomery County police officer back to work after causing accident that paralyzed a 14 year-old boy.