Archives

Categories

Registration

Resources

Archive for the ‘Auto Accidents’ Category

Car Accident Statistics from the CDC

Wednesday, September 8th, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

The Centers for Disease Control released a study that provides a wealth of information that puts the risks and costs of car, truck and motorcycle accidents in this country in context, particularly with respect to teenage drivers:

  • Vehicle accidents cost $100 billion in medical care and productivity losses every year. Almost 4% of the economic losses involve children.
  • Every 10 seconds, a victim of a car accident is treated in an emergency room for accident related injuries. Almost 40,000 people die in accidents every year.
  • Not surprisingly, motorcycle accidents cause the most significant injuries. Motorcycle accidents comprise 6% of the total but 12% of the overall costs. Pedestrians and bicyclists are in a similar boat, causing 5% of the motor vehicle-related deaths and injuries and 10% of the economic costs.
  • Teenagers are four times more likely to be involved in auto accidents. New rules such as driving curfews and other restrictions are helping reduce the number of car accidents involving teenagers. But a few smart rules don't flip a number like "4 times as many." The only answer is to change the law that gives teenagers their licenses. But there is no real inertia for that because (1) it has always been this way, (2) it is more convenient for parents than having to continue to chauffer their kids, and (3) teenagers have jobs and their inability to get to their jobs would have economic repercussions. Oh, and yes, changing the law to not allow teenagers to drive could and would probably start an armed revolution. But the fact that nine teenagers a day die in car accidents - most of which are the teen driver's fault - is a bitter price to pay. I don't know of a single reasonable person who supports raising the driving age to 20. But still. It is a bitter price we pay. (And, yes, I know I just said that twice.)
  • Male teenage drivers are twice as likely to be killed in crashes as females. This is another "what do you do about this?" statistic. We allow for insurance companies to charge higher premiums for teenage boys. Why can't we make different driving ages for boys and girls? Oh, forget it, I guess I know why we can't.
  • One in every three teenage deaths is the result of a motor vehicle crash.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

Howard County Traffic Accident Police Reports

Thursday, September 2nd, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

Howard County traffic accident police reports where the injuries are not fatal are now available on-line. Only motor vehicle accident police reports will be made available on-line. To get the report, you have to pay $5 and certify that you were involved in the accident or you are an accident attorney or insurance company representing someone involved.

You can get more information here.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

Baltimore County State Farm Verdict Article

Thursday, July 29th, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

A few weeks ago, I reported on a verdict we got against State Farm in Baltimore County. I inadvertently stumbled on the Maryland Daily Record article on the case today.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

Doctors and Financial Records

Tuesday, July 27th, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

This doctor in a case John Bratt tried recently was not, ah, particularly comfortable with his own explanation of why he destroyed 1099s that came to him. Gee, I wonder why that would be? Could it be because there is not an accountant in history that actually recommends not looking at and then destroying tax documents?

This is the testimony at trial:


I'm not going to name the expert because I don't think it is right to raise these issues online because the expert does not get to argue his position. (This blog typically does not name any non-public figures.) But, really, how do you defend this answer?

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

Chain Reaction Car Accident

Monday, July 26th, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

I spent a good portion of last week preparing for a trial scheduled for today that settled on Friday. It is a little depressing how many man hours our firm spends every year preparing cases for trial that settle. But every time you really prepare for a trial, you learn and, sometimes more importantly, relearn law and strategies that help you down the road.

The trial was an auto accident case pending in Prince George’s County. The evidence in the case would show a classic chain reaction car accident: Vehicle #2 rear-ends Vehicle #1 and Vehicle #3 hits Vehicle #2 which hits Vehicle #1. Plaintiff felt two impacts which could only happen under this fact pattern.

Plaintiff’s treating orthopedic surgeon would testify that the injury is related to the accident. The problem – which caused me a momentary freakout – was that the doctor could not parse which accident caused the injury. How could the doctor possibly know which accident caused the injury?

We have joint and several liability in Maryland and there is no question that there can be more than one proximate cause of an accident. But my fear was that because the first impact was clearly more significant than the second this fact would highlight to the court that Vehicle #3 may not have been a significant contributor to Plaintiff’s injuries. So, the driver of Vehicle #3’s lawyer (Erie Insurance) could argue that there is no evidence that his negligence actually caused injury. Then, Vehicle #2’s lawyer (also, ironically, Erie) would argue, you know, that same logic applies to us. Even if our drivers are negligent, the joint argument goes, how is this different from a drunk in a bar throwing a punch that never lands? Negligence in the air is not negligence.

I couldn’t put my hands on it right away but I was confident there was Maryland law that would save me from this argument. See Thodos v. Bland, 542 A.2d 1307, 75 Md.App. 700 (Md. App., 1987) and, even better, Consumer Protection Division v. Morgan, 387 Md. 125 (2005). But even with that law, I was struggling with the rationale. I wanted a source more reliable than my own argument of “it would be even more unfair if the plaintiff could not recover in such a case.”

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

Permissive Use of an Automobile

Monday, July 12th, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

When an insurance company gets a claim, the first thing it does is look for ways to deny the claim before getting to the merits. I don't say this derisively. This is how the game is played.

One insanely overused method of avoiding getting to the merits of a case is claiming the defendant driver was not a permissive user. Insurance companies often take remarkably strained views of what is required to allow permission for another to use the owner's vehicle.

This morning, in Agency Insurance v. State Farm, a wrongful death car accident claim, the Maryland Court of Special Appeals gave Maryland insurance companies a little bit more ammo for this defense. The opinion was written by Judge Irma S. Raker, one of the more conservative judges on the Maryland Court of Appeals who is now retired and was specially assigned to the CSA. The case involved two passengers who were killed in an accident in Frederick County. The battle between these insurance companies was over permissive use. The court found that the vehicle owner's daughter, a senior in high school who was killed in the accident, did not have permission to give permission to her boyfriend to use the vehicle.

But here's the thing: the boyfriend had used the vehicle before with the owner's permission. The only argument State Farm had was that there was no specific permission in this case. The only person who could have rebutted that testimony would have been the owner's daughter who was killed.

I believe the court slices too thinly over the question of whether the daughter's boyfriend had permission to drive her mom's car. Because there are too many variables at play. When she allowed the boy to drive the car before, was it made into a big deal or was it a "sure, of course" type response? Assuming there was not a fatal accident, how mad would she have been if she had learned that the boy was driving the car? There should be a bright line rule to avoid this Serbonian bog and it should err in favor of coverage.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

State Farm Verdict

Tuesday, July 6th, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

Good news for plaintiffs to start of the week. Rod Gaston, a lawyer in our office, tried a Reflex sympathetic dystrophy (RSD) case in Baltimore County last week against a State Farm insured. The offer in the case was $37,000. After hearing evidence for three days, the jury returned after an hour with a $663,821.15 verdict.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

Cross Examining Insurance Company’s Medical Expert

Wednesday, June 23rd, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

Paul Luvera provides a really good outline on cross examining experts on bias.

Our firm has spent a lot of time, effort and energy trying to be able to effectively use this outline by getting the answers to the question defense experts sedulously avoid: how much do you make testifying in accident cases and how much have you made from this law firm/insurance company?

I think we have fought this issue as hard as anyone in Maryland, recently getting a helpful Maryland Court of Appeals opinion that makes more clear what Maryland law is on the scope of the expert's obligation to produce financial records.

I know a lot of insurance defense lawyers in Maryland think we do this to harass their experts. I get why they think this. There is too much gamesmanship in Maryland accident cases between plaintiffs' accident lawyers and the insurance companies. Both sides are guilty of this. But with this expert issue, the reality is that jurors do care more about bias then they do the doctor's pedigree. We care about this issue so much because we think it makes a difference to jurors.

This does not mean that jurors think or even I think that because an expert makes a large amount of money for testifying it means that the expert is lying. I think there are some experts - including some defense experts - who testify regularly and still shoot straight. But let's not kid ourselves either: there are a lot of frequent flyer experts whose opinions are colored by who is paying them.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

Shoulder Surgery Verdicts

Monday, June 21st, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

Metro Verdicts Monthly graph this month is the median verdict and settlement value of shoulder surgery lawsuits that have gone to trial over the last 23 years. The average settlement/verdict in Washington D.C. is $59,500. Maryland is less than half that: $42,636. The average settlement/verdict in a wrist fracture case in Virginia is $60,000.

You can find here some old data on rotator cuff injury cases.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

Average Knee Injury Accident Verdicts and Settlements

Tuesday, June 8th, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

Ask any accident lawyer about the use of statistics in valuing personal injury accident cases, and you will get an almost universal answer: they have little or no utility. Yet I've never looked away from average verdict data and I've never known a personal injury lawyer who did. Even if you conclude it is useless, you can't help but be curious.

Jury Verdict Research published a 10 year study on knee injuries. Our law firm has gotten pretty good results in knee injury cases. The study confirms this is for pretty good reason. The average knee injury verdict is $173,552. But with more serious knee injuries, that average jumps higher. The average cartilage and ligament damage jury verdict is $347,831. Conversely, a knee strain verdict averages $70,055.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.