Articles Posted in Personal Injury Case Law

Insurance companies want to minimize the amount they pay out in the event of a claim, and unfortunately, do not always compensate Maryland car accident victims according to what they deserve. If an insurer fails to fairly settle a claim, the insured may be able to pursue a claim of bad faith against the insurer. In a recent case before a state appeals court, the state found the plaintiff could pursue a claim of bad faith against GEICO after it failed to timely pay her insurance claim.

The Facts

According to the court’s opinion, the plaintiff was in a car accident and suffered serious injuries. Another driver caused the car crash, and both she and the other driver were insured by GEICO. The plaintiff made a claim under the driver’s insurance coverage, as well as under her own insurance plan for underinsured motorist (UM) benefits.

After the plaintiff did not receive payment on the claims, she sued the driver and GEICO. GEICO then paid the plaintiff the maximum benefits under the at-fault driver’s policy, but refused to pay the plaintiff benefits under her UM policy. The plaintiff then filed a civil remedy notice (CRN) with the Department of Financial Services, and mailed GEICO a copy. GEICO subsequently agreed to pay the plaintiff her full UM benefits, but the plaintiff’s lawyer did not receive the check and release until almost three weeks later. This was 65 days after the CRN was filed with the Department of Financial Services.

Continue Reading

When an employee causes a Maryland car accident, anyone injured as a result of the accident may be able to pursue a claim against both the negligent driver and their employer under the doctrine of respondeat superior. However, to establish employer liability in a Maryland car accident, the plaintiff must be able to show that the employee was acting within the scope of their employment at the time of the accident.

A recent decision issued by a state appellate court shows how claims against an employer can be proven, and the type of evidence that may be helpful pursuing such a claim.

The Facts of the Case

According to the court’s opinion, the plaintiff was a pedestrian who was struck by a GMC truck as she was attempting to cross the street. Evidently, the driver of the truck (“the employee”) was an employee of the defendant HVAC company. The plaintiff filed a personal injury case against the employee as well as the defendant HVAC company, claiming that the company was responsible for the employee’s negligent acts because they were made while he was acting within the scope of his employment.

Continue Reading

Under Maryland law, a party in a personal injury lawsuit may present testimony from an expert witness only in certain circumstances. That being the case, expert witnesses do not testify in most Maryland car accidents. However, there are cases where the need for an expert witness arises. Typically, this is when a case presents complex medical or scientific issues that are beyond the scope of a typical juror’s understanding. A recent case illustrates a situation in which the court held that the plaintiff’s claim required the testimony of an expert witness.

The Facts of the Case

According to the court’s written opinion, the plaintiff was involved in a chain reaction car accident. Evidently, one motorist collided with another driver, whose vehicle then struck the plaintiff’s car. The plaintiff was transported to the hospital, where he was treated and released later that day. The record does not indicate the treatment that the plaintiff received at the hospital.

The plaintiff filed a personal injury lawsuit against two of the other drivers involved in the accident. In his complaint, the plaintiff alleged injuries to his neck, head, back, right foot, right ankle, right hip, both shoulders, and both knees.” The plaintiff presented the testimony of medical experts to establish the extent of his injuries.

Continue Reading

Few experiences behind the wheel are more terrifying than being on the wrong end of another driver’s road rage. While road rage may not be listed as a primary cause of Maryland car accidents, aggressive driving is more common than most motorists believe. For example, in 2015, there were approximately 3,300 Maryland car accidents caused by aggressive driving. Of those, someone was injured in over 1,200 of the crashes.

A Maryland driver can lose their temper and enter a state of road rage for any number of reasons. Even the slightest perceived infraction can send an already stressed motorist over the edge. This raises the question: who can be held liable in a Maryland road rage accident?

Aside from the enraged driver who caused the accident – who is an obvious choice – other potentially liable parties may include passengers in the at-fault driver’s car or other motorists on the road who may have contributed to the accident. A recent case illustrates that it isn’t just the person behind the wheel who can be at fault for an incident of road rage.

Continue Reading

In the wake of a serious Maryland car accident, accident victims face many difficulties. Of course, these include overcoming the physical and emotional injuries that come along with being involved in a serious accident. However, even after an accident victim has physically recovered as best they can, before they can obtain compensation for their injuries they will likely have to deal with one or more insurance companies.

While Maryland car insurance is required by law and, in theory, operates to the benefit of Maryland accident victims. In reality, insurance companies are for-profit corporations that are motivated by their bottom line. To remain profitable, insurance companies must make more in monthly premiums than they pay out in claims. Thus, insurance companies routinely dispute motorists’ claims or attempt to settle them for as little as possible. A recent opinion issued by a state appellate court illustrates the difficulties a motorist had when trying to file a claim under an underinsured motorist (UIM) insurance policy.

The Facts of the Case

According to the court’s opinion, the plaintiff was seriously injured in a motorcycle accident that was allegedly caused by another driver. The at-fault driver had insufficient insurance coverage to adequately compensate the plaintiff for the injuries he sustained in the accident. The also plaintiff had two insurance policies, one with Allstate as well as a UIM policy with the defendant insurance company.

Continue Reading

While governments may be entitled to immunity in some car accidents that are based on a negligent-design theory, the government can still be held liable for failing to safely maintain a road or highway. However, the distinction between design and maintenance is not always clear-cut. For example, consider the following:

  • A turn with visibility obstructed by large trees or rocks;
  • An intersection with misleading or improperly marked signage;
  • Malfunctioning traffic lights;
  • Dangerous potholes or unmarked hazards; and
  • Landscaping that obscures motorists’ vision of an intersection or oncoming traffic

A Maryland car accident victim who is injured in an accident that was caused by any of the above scenarios may be able to pursue a claim for compensation against the government agency responsible for maintaining the road. A recent state appellate decision discusses one plaintiff’s case against a local government agency based on the road’s dangerous condition.

Continue Reading

Recently, a Virginia appellate court issued an opinion discussing the state’s dead man statute, which may preclude a witness from testifying to conversations that the witness had with someone who has died. Ultimately, the Virginia court determined that the deceased defendant’s statement was properly entered into evidence. While Maryland’s dead man’s statute is a little different than Virginia’s, this case helps illustrate the differences. As always, reach out to a Maryland car accident attorney for help answering questions about the facts of your specific situation.

The Facts of the Case

According to the court’s opinion, the plaintiff was involved in a Virginia car accident where the defendant rear-ended him. After the crash but before the case reached trial, the defendant died from unrelated causes.

Evidently, at trial, liability was not at issue because the defendant’s estate admitted the defendant was at fault. However, the estate contested the amount of damages the plaintiff was seeking. In support of its case, the estate presented testimony from the deceased defendant’s son, who testified to a conversation he had with his father shortly after the accident in which the defendant told his son that the accident occurred at “five to seven miles per hour.”

Continue Reading

For the most part, Maryland car accident cases present straightforward issues that jurors are capable of understanding and digesting. However, some car accident cases may present more complex issues. In this situation, an expert witness will be necessary to help the jurors understand the negligent acts of the defendant and how they led to the plaintiff’s injuries. Thus, the importance of expert witnesses cannot be overstated.

Recently, a federal appellate court issued a written opinion in a personal injury case discussing whether the plaintiff’s expert should have been allowed to submit an amended report after reviewing additional information. Ultimately, the court concluded that the expert’s subsequent report was not admissible and precluded its admission.

The Facts of the Case

According to the court’s opinion, the plaintiffs were the surviving loved ones of a man who was killed in a single-car accident. Evidently, the man’s vehicle inexplicably swerved off the road, crashing into a concrete pillar. Investigators noticed that the grass underneath the man’s vehicle was charred. Days after the accident, the vehicle’s manufacturer issued a recall related to the transmission oil cooler (TOC) based on concerns that a defective TOC may result in an undercarriage fire.

Continue Reading

The judge’s role in a Maryland personal injury case is to oversee the trial. This includes making pre-trial discovery and evidentiary decisions, as well as ruling on objections made by the parties during the trial. The judge is also responsible for instructing the jury on the applicable law after the parties have presented their evidence.

Judges, however, are human and occasionally make mistakes. Thus, the Maryland court system allows for a party to appeal an adverse legal decision that was made by a trial judge. In order to preserve a claim of error for appellate review, a party must be sure to follow specific procedures. Otherwise, the appellate court may determine that the error was not preserved. A recent case discusses error-preservation in the personal injury context.

The Facts of the Case

According to the court’s written opinion, the plaintiff was injured in a rear-end accident she claimed was caused by the defendant. Before trial, the plaintiff filed proposed jury instructions including an instruction on the doctrine of negligence per se. After the trial had begun, the court held a charging conference; however, the conference was not memorialized. At the end of the conference, the court determined that it was not going to instruct the jury on the plaintiff’s proposed negligence per se instruction. The court asked the parties if either had anything it wanted to put on the record, and the plaintiff’s attorney responded: “I have no issues with the charge, Your Honor.”

Continue Reading

A Maryland personal injury lawsuit is a civil claim, the purpose of which is to seek compensation for the plaintiff’s injuries. However, the defendant’s actions that resulted in the accident may also rise to the level of criminal conduct. If this is the case, then the defendant may face both criminal and civil charges.

It is not uncommon for a defendant to face both criminal and civil charges. For example, in most Maryland DUI accidents, the defendant can be found both criminally and civilly liable. However, for the most part, a personal injury victim will wait until the outcome of a criminal trial to file their lawsuit. There are several reasons for this, including that a criminal conviction can be helpful to a personal injury plaintiff in proving their case against the defendant. However, there are also other considerations that should be taken into account.

A recent opinion from a state appellate court illustrates one potential issue a personal injury plaintiff could face while litigating a civil claim while the defendant’s criminal matter is pending.

Continue Reading

Contact Information