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Maryland Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Maryland on
Q: Can a homeowner file a claim with unisured motorist fund
Eric Todd Kirk
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answered on Jul 22, 2020

A homeowner is not precluded from filing a claim with the Maryland Auto Insurance Fund. The substance of the claim would have to be a automobile accident that is covered by the Insurance article, however.

1 Answer | Asked in Car Accidents, Wrongful Death and Criminal Law for Maryland on
Q: How can I protect my family in the state of MD if caught in a roadblock protest and they begin attacking my car?
Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Jul 3, 2020

In Maryland you cannot use deadly force for property alone and you can only use reasonable force depending on the circumstances. If they are attacking the car with your family in it and you fear for their safety, you could likely use reasonable force to prevent the assault.

2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Maryland on
Q: My brother was struck by a car and killed in Baltimore Maryland the officers won't tell us anything what can we do

We have a estate lawyer for him but they won't tell them anything but that it's a active murder investigation, wouldn't it be vehicular manslaughter. officers turned the case over to the ASA but nobody called n told us that they won't let us see the video of the accident either... View More

Mark Oakley
Mark Oakley
answered on Jul 3, 2020

The personal representative of the estate should retain a personal injury lawyer to pursue a survival action, and your brother’s heirs (wife, children, parents, siblings) should retain a personal injury lawyer to pursue a wrongful death action. I’m n these cases, the estate may prefer to not... View More

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2 Answers | Asked in Criminal Law, Traffic Tickets, Car Accidents and Civil Litigation for Maryland on
Q: Can I sue a driver hitting my parked car and run off but was caught and went back to the scene?

The driver hit my parked car and ran off but was caught by our neighbor when he chased him and convinced him to go back to the scene which he did. The police arrived and found out that the driver apparently has a suspended license. Insurance company said that that most likely will happened is for... View More

Lee Eidelberg
Lee Eidelberg
answered on Jul 5, 2020

depending on the age of your vehicle and the extent of the property damage, you may have a civil claim against the opposing individual for diminution of your vehicles value. however, you have not provided sufficient information to comment on whether it is worthwhile to pursue such a claim.

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5 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: Telling the short story and I am mostly trying to find out if the truck was at fault.

There are 2 traffic lanes going North bound and 2 traffic lanes going South bound with a legal turning lane to make a left (no light to make turn) . I was in a car on the passenger side waiting to cross the 2 on coming lanes of North bound traffic. There is a traffic light slightly down the road... View More

Tyler Young
Tyler Young
answered on Jun 17, 2020

Possibly. A jury would make that determination. States have different comparative fault laws, but most states have a framework that would allow a jury to determine if the driver of the vehicle you were in has fault, or whether the truck has fault. A jury could determine either have fault or one... View More

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1 Answer | Asked in Car Accidents for Maryland on
Q: does Maryland have to pay replacement cost if a vehicle is a total loss?
Eric Todd Kirk
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answered on May 7, 2020

You should check your policy language, but the standard measure of damage would be the fair market value of the property, not the cost to replace the property with a new model.

1 Answer | Asked in Car Accidents and Wrongful Death for Maryland on
Q: My 28 year old daughter was hit by a car (doing 50-58 miles per hour) on Jan 2, 2020 and died instantly.

She did not cross the street in a crosswalk however, the car was speeding, but did not get a ticket. This occurred in Westminster, Carroll County MD

Mark Oakley
Mark Oakley
answered on Apr 25, 2020

I am so sorry for your tragic loss. You should locate a personal injury lawyer with whom you are comfortable and go over the circumstances and legal options in detail. Whenever a death occurs arising out of an automobile accident, there is often a detailed accident reconstruction report... View More

1 Answer | Asked in Car Accidents for Maryland on
Q: My car was rear-ended, Erie Insurance won't pay for repairs. Truck driver and employer agree they at fault. What to do?

Hello, My car was rear ended by a trash hauling truck insured by Erie insurance. The Driver of the truck and their employer agreed they were at fault but Erie Insurance refused to pay damages, claiming they did not have sufficient evidence to pay, and suggested I call my insurance company. I have... View More

Eric Todd Kirk
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answered on Apr 24, 2020

Sounds like you will need to sue the driver and employer. If anyone was hurt, you should consult with an experienced personal injury attorney. Best of luck.

2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Maryland on
Q: A police crash report was filed with MVA, by Baltimore County Police, which office should we send our dispute to?

Which MVA office would the county crash investigator send report to? Is what I meant.

John Mesirow
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John Mesirow
answered on Mar 23, 2020

Here's the link to get a copy of the police report:

https://www.baltimorecountymd.gov/Agencies/police/requestreports/

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2 Answers | Asked in Car Accidents for Maryland on
Q: Hi, I was involved in an accident while driving uber. I had a passenger with me. But i wasnt at fault.

So I talked to other driver’s insurance and they accepted the liability. But i didnt mention them that I was driving uber because i had no information of the passenger. But Now that passenger contacted the uber’s insurance. So i just want to know if i tell other insurance that it was a rider... View More

Eric Todd Kirk
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answered on Mar 23, 2020

You should immediately contact all involved insurance companies and advise them of the correct status of your passenger.

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2 Answers | Asked in Car Accidents for Maryland on
Q: my father drove my truck was in a accident. I have full coverage he isn't on my policy but has insurance. Am I at fault?

Not sure which driver was at fault. What can I expect from my insurance company or any insurance company. Can I be sued? I'm not sure if I need to notify my insurance company. Both drivers were flown to Shock Trauma. My father needs multiple surgeries for severe broken ankle and leg and other... View More

Eric Todd Kirk
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answered on Mar 10, 2020

Call your insurance company and cooperate fully. Best wishes for your father.

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1 Answer | Asked in Car Accidents for Maryland on
Q: Can a police take your car for having crack in the windshield
Tim Akpinar
Tim Akpinar
answered on Mar 25, 2020

A Maryland attorney is best qualified to answer your question, but your post remains open for four weeks. As a general matter, if an officer determines that a vehicle poses a threat to its occupants' safety or the safety of other motorists, they probably could. It would depend on the severity... View More

2 Answers | Asked in Car Accidents for Maryland on
Q: What is the specific code or law applying to driving with the condition of sleep apnea?
Eric Todd Kirk
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answered on Feb 15, 2020

It's difficult to fully answer this question without some additional context. Obviously driving while experiencing an episode of sleep apnea would not seem possible. Falling asleep at the wheel is not necessarily criminal or negligent, but could be. For example if someone suffered from sleep... View More

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1 Answer | Asked in Car Accidents for Maryland on
Q: My 16 yo was in accident. He received a citation for failure to stop. Should he plead guilty or not guilty in court
John Mesirow
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John Mesirow
answered on Jan 14, 2020

This was posted in the "Car Accidents" practice area. If you post it under "Traffic Tickets," you will probably get responses from attorneys in that practice area.

2 Answers | Asked in DUI / DWI and Car Accidents for Maryland on
Q: My husband is being sued for 75k for an accident that he caused. Could I be sued? My name wasn't on the title of his car

My name wasn't on the title of his car. It was a DUI.

Eric Todd Kirk
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answered on Jan 10, 2020

If you were not the owner or driver of the car, it is difficult or impossible to understand the legal theory that one would use to hold you accountable. If you were present in the car, had an obligation to prevent him from driving, and did not, or encouraged him in some fashion, there may be some... View More

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1 Answer | Asked in Car Accidents and Personal Injury for Maryland on
Q: hello, i had an accident case 20 years ago, we got judgement in federal court, large sum. can it be pursuit still?

federal judge dismissed insurance company, saying that: we need to get judgement first against dealership, because they were not informed, but they were in the court. after we got the judgement, then since i didn't speak English, my own lawyer i believe made deal with all state insurance... View More

Mark Oakley
Mark Oakley
answered on Dec 31, 2019

Why did you wait 20 years to ask this question? I doubt there will be any bank or insurance company records, paper or electronic, left to trace what happened to the proceeds. Is the lawyer still practicing? Is he alive even? While you were entitled to a complete accounting of how the settlement... View More

2 Answers | Asked in Car Accidents for Maryland on
Q: I hit the open passenger door of a parked car on the driver side who is at fault

Driver side was in flow of traffic

Mark Oakley
Mark Oakley
answered on Dec 7, 2019

Not enough facts to answer. Probably if the door was already open as you approached, so that you could have avoided it if you were paying attention, then you’ll be at fault. If the person flung the door open right as you reached them and you had no opportunity to avoid hitting the door, then it... View More

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2 Answers | Asked in Car Accidents for Maryland on
Q: who is at fault - the driver entering an empty parking space or the adjacent parked car driver opening their car door?

The front bumper of car entering the empty parking space was hit by parked car door opening suddenly.

Mark Oakley
Mark Oakley
answered on Nov 29, 2019

An argument can be made either way. Not enough facts to say if one of you is solely negligent or if both are somewhat at fault. Turn the matter over to your insurance carrier and let the insurance companies figure it out.

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1 Answer | Asked in Car Accidents, Civil Rights and Communications Law for Maryland on
Q: Is it legal in MD to record, without permission/consent, the conversations occurring after an auto accident?

Is it legal in MD to record, without permission/consent, the conversations occurring after an auto accident?

I read an article that cited MD 2013 Code, which explained that it was legal to record the conversations after an auto accident, citing that the law (or case law) did not deem the... View More

Mark Oakley
Mark Oakley
answered on Nov 10, 2019

Maryland is a two-party consent state when it comes to audio recordings: both parties must consent to the recording. There is no exceptions for auto accidents. Video recording is not covered under this law, but unless you have a way to turn off the audio recording capacity of your video device, you... View More

1 Answer | Asked in Traffic Tickets, DUI / DWI, Employment Law and Car Accidents for Maryland on
Q: What about the driver is drunk and also do a hit and run

Ok got into a accident and the other driver was drunk and did a hit and run

Also getting on the bus the mta driver had ear phones in his ear so he didn't follow the rules so i want to sue both of them

Peter N. Munsing
Peter N. Munsing
answered on Oct 22, 2019

Contact a member of the Md. Assn for Justice. They give free consultations. Not clear if you were in a car, on the bus, or what, so I can't advise you further.

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