Can I Collect For My Mental Anguish Or Emotional Distress Or Injury From A Car Accident?
Of course if you sustain a serious physical injury due to the negligence of another, and there is accompanying emotional distress, recovery for that distress is not normally in question. What if there is no direct physical impact, just fright, fear, nervousness or the like that result from someone’s negligent conduct? “[I]n earlier times, courts... Read more »
I Was Injured by a Drunk Driver. Does Maryland Recognize Dramshop Liability?
A Dramshop Act is a law that imposes civil liability on the vendors of intoxicating liquor where, typically, that liquor is dispensed to someone who is obviously intoxicated, and that obviously intoxicated person then leaves the establishment and injures another, often in a DUI related auto accident. Maryland is one of the states that currently do not... Read more »
What Should You Do After You’re Involved In An Automobile Accident?
An experienced Baltimore personal injury attorney will have specific recommendations about steps you need to take to protect yourself and your rights. Your actions immediately after an automobile accident can actually impact what your case may ultimately be worth. For years, major insurance companies have been circulating lists of post-accident advice, and many of the... Read more »
I Was In A Bus Accident. Do I Have A Claim?
Yes, if you sustained an injury, you do. Because, by definition, you were on a bus, and don’t have damage to your vehicle, it is unlikely, but perhaps not inconceivable, that you would have any type of property damage claim. But certainly, if you sustained an injury in an accident that., again by definition, could... Read more »
Who Is At Fault For A Car Accident If There Is No Stop Sign Or Red Light: The Boulevard Rule.
If you are involved in an automobile accident, and you had the “right of way”, the other driver is typically going to be found “at fault” for the accident– at least in the absence of contributory negligence. Some rules involving rights of way are common sense. The driver with a green arrow has the right of way. The driver... Read more »
Is The Owner Of The Car That Hit Me Responsible For My Injuries And Bills?
Yes, but it depends on the circumstances. There is a presumption that the owner of a vehicle is able to control the conduct of the driver, and so is responsible for it. That’s a presumption that is usually quickly overcome. “Of course, Maryland law provides that the non-owner operator of a negligently driven vehicle is responsible for... Read more »
The Insurance Company Denied My Claim Saying it was an Emergency
Maryland drivers are charged with the obligation of using reasonable care to avoid car accidents, and generally for the safety of others when driving. However, the nature of that duty may change depending on the circumstances. A driver faced with a sudden and real emergency situation, not a result of that driver’s misconduct, is required... Read more »
Is The Driver Of The Car That Hit Me Responsible For My Medical Bills And Injuries?
All Maryland drivers are charged with the obligation of using reasonable care for the safety of others when driving. Many Baltimore personal injury lawsuits come about when a driver fails to use that degree of caution and attention that an ordinary person would use under the circumstances. I’m Attorney Eric T. Kirk, [ sorry my former marketing... Read more »
Can I Sue Someone Because Their Bakes Failed or They Failed to Maintain Their Vehicle?
Experienced Baltimore personal injury lawyers will tell you the law requires vehicle owners to make sure their automobiles are equipped with the parts and systems required by the Transportation Code, and at all times must be in such condition so as not to put any person in danger. So, as opposed to liability for the... Read more »
Who Can I Sue for Causing an Accident. Can an Automobile Maker Be Held Liable?
The law requires vehicle makers to use reasonable care in the design, manufacture, testing and inspection of the automobile, and ensure that it is safe for foreseeable uses. If they fail, that is evidence of negligence. Anyone who has received a recall notice, even for seemingly minor matters, knows that automakers are well aware of... Read more »
Can Insurance Company Say “No One” Is At Fault for Causing A Baltimore Accident?
Can Insurance Company Say “No One” Is At Fault for Causing A Baltimore Accident? You bet they can, and do. Personal injury lawyers have heard this argued one more than one occasion. Whether it is phrased in terms of “act of god”, “unavoidable accident” or some strain of “sudden incapacity of a driver”, lawyers representing... Read more »
How To Prove The Other Driver Was At-Fault For Car Accident.
Proving Other Driver Was At-Fault For Car Accident After Baltimore Accident It is usually clear in the case of car accidents which vehicles were involved -although who was at fault may be hotly disputed. In fact, experienced Baltimore personal injury lawyers will tell you that the mere fact that an accident happened does not mean... Read more »
