Texting while driving remains a serious issue throughout the country. Despite the seriousness of the issue, prosecutions of drivers remain rare, and proving that a driver was using their phone can be tricky in Maryland car accident cases. Without proof that a driver sent a message just before a crash,…
Articles Posted in Pedestrian Accidents
Proving Maryland Pedestrian Accident Cases at Trial
Maryland car accident victims have to carefully build their cases to prove the elements of a negligence claim. In a recent decision from state appellate court, the plaintiff’s case was dismissed after a pedestrian was killed because the plaintiff failed to prove the driver acted negligently. According to the court’s…
Government Liability in Maryland Pedestrian Accident Cases
Accidents involving pedestrians are often some of the most serious due to the extent of the injuries involved. Thus, it is essential for a Maryland pedestrian accident victim to locate all potential sources of compensation. Of course, the defendants named in a lawsuit will almost always be the driver that…
Summary Judgment in Maryland Car Accident Cases
One of the most important phases in a Maryland personal injury case is the summary judgment stage. Summary judgment is a procedural mechanism by which a party can file a motion asking the court to enter judgment in the party’s favor without empaneling a jury. One of the reasons why…
Appellate Court Discusses Employer Liability in Recent Pedestrian Accident
Recently, a state appellate court issued a written opinion in a personal injury case discussing when an employer can be held liable when an employee causes a serious car accident on the way to or from work. Ultimately, the court concluded that an employer may be held liable in situations…
Court Discusses the Concept of “Foreseeability” in Recent Car Accident Case
Earlier this month, an appellate court issued a written opinion in a personal injury case discussing the concept of foreseeability. Essentially, in order to establish that a defendant owed a plaintiff a duty of care in a Maryland car accident case, the plaintiff must be able to establish that their…
Appellate Court Reinstates Plaintiff’s Case After Finding Lower Court’s Evidentiary Ruling Was Improper
Earlier this month, a state appellate court issued a written opinion in a car accident case requiring the court to determine if the lower court was proper in precluding the plaintiff from cross-examining an eyewitness to the accident. The case is important to Maryland car accident victims because the rule…
Appellate Court Opinion Discusses Causation as It Relates to Car Accidents
Causation is a necessary element of any Maryland personal injury lawsuit. Briefly, the causation requirement is met if the plaintiff can establish that the defendant’s actions brought about the plaintiff’s harm. While that may sound like a fairly straightforward determination, the reality is that much litigation is focused around the…
Two-Car Accident Results in Pedestrian Getting Struck, Court Finds Both Drivers Potentially Liable
Earlier this month, an appellate court in Rhode Island issued a written opinion in a car accident case involving a two-car collision that resulted in a nearby crossing guard being struck and seriously injured by one of the vehicles. The court had to decide whether both parties to the car…
Court Finds Plaintiff’s Post-Accident Admission that She Was Intoxicated Was Binding, Preventing Plaintiff from Seeking Damages
Earlier this month, an appellate court in Washington State issued a written opinion in a car accident case brought by a woman who was injured when she was struck by a Highway Patrolman’s vehicle. Immediately after the accident, the plaintiff admitted that she was under the influence of alcohol. The…