Most people are taken into custody at the scene if they are suspected of a DUI. In some cases, the police officer or hospital takes blood from the suspect who is charged once the results come back. If you have concerns, you should speak to a lawyer in a confidential setting. If the police did not... View More

Hello:

I am on vacation and have no books to look this up, however, the state has one (1) year to bring charges for assault and battery and I believe if an officer filed DUI charges in less than a year a Motion to Dismiss on that basis would fail. Now, the State clearly has problems of... View More

Liability waivers are, in general, enforceable, with some limitations that require a lawsuit and fact finding by a judge or jury to sort out--which is not what you want. A party cannot enforce a liability waiver to release them from liability for "gross" negligence or reckless behavior,... View More

The insurance company found you liable? Did you have someone else look at the details of the accident? It isn't uncommon for one side to disagree with the other as to fault in an accident. Aside from the good points raised here by the other attorneys who responded, you may want to have someone... View More

First, you cannot be found liable for causing the accident on account of your brother's insurance company denying coverage for you. That has nothing to do with liability for the accident.

Second, the only way you can be held responsible for causing the accident is if the other driver... View More

If you were a resident relative of your brother's household and your brother did not list you on the policy, then his insurance company can deny coverage. If you were going straight and the other driver was turning left in front of you, you have a defense if you are sued. You could retain... View More

The driver --assuming they were aware that they struck and injured the dog-- is in violation of Transportation Article 20-105 (failure to remain at scene of accident resulting in damage to unattended property--pets are deemed property under Maryland law), 20-105.1 (information required to be... View More

If the responsible driver did not notify the police/law enforcement to report the incident - and you have identification information regarding the driver - the police at its option, if you report the offender, could cite the driver for violating the applicable section of the transportation code,... View More

Do not believe what the adjuster is telling you. Contact a NJ lawyer for representation. Damages for pain and suffering are allowed in NJ; however, NJ is a comparative fault state, meaning that you must not be more than 50% at fault for the accident, and your percentage of fault will reduce your... View More

I agree with Mr. Scherr's assessment. Additionally, you may be barred from any recovery from the truck's insurer (for both property damage and any injuries you may have suffered) due to contributory negligence. You stated that the truck was "driving" and not stopped. If you... View More

An attorney would need to review pictures of the intersection, the police report, and witness statements. In many bus only lanes, other drivers are permitted to enter the lane and turn just prior to the intersection. You can pull up pictures of the intersection using Google maps.

Anyone involved in a motor vehicle accident must give their insurance information to the other driver. It is the other driver that has that responsibility. It sounds like you obtained the insurance information on the vehicle. If not, your insurance company can run the tag and obtain the insurance... View More

Generally yes. You have the same statute of limitations as you would if there was a defendant you could name. But you want to consult with a lawyer to see if the general rule matches the unique facts of your case.

In short, yes. If you know the identity of the driver, you can sue the responsible party within three (3) years, per Maryland's statute of limitations. If you do not know the identity of the driver and can satisfy your own insurance carrier (usually through the production of a police report... View More

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answered on Oct 24, 2022

You would generally have three years to file a claim with, and then sue if necessary, your insurance company for an uninsured motorist claim. There may be other claims with shorter time frames. You should consult with a lawyer in a confidential setting.

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answered on Oct 6, 2022

No. You cannot. While a carrier may consider any number of things in setting rates, I think the insured status of another involved driver would be lower on the list of factors.

No, you cannot sue the police for failure to write a ticket. They have absolute discretion on whether to issue a citation. Regardless, issuing a citation does not determine fault. You can sue the other driver and your own insurance company if he is uninsured and if you win, your rates will not go... View More

In order to determine who is at fault for the accident, an attorney would have to review all evidence including the police report, speaking with witnesses, speaking with you, reviewing photographs of the scene and damage to the vehicles, etc. Maryland is a contributory negligence state which means... View More

Every local jurisdiction has ordinances addressing unregistered, inoperable and abandoned vehicles. Montgomery County is no exception. It is illegal to park an unregistered or inoperable vehicle on a public street or on private property in a residential area. Upon citation, you will have 30 days... View More

Your attorney should answer this question for you.

It can take a long time, many months, sometimes years, to do all that is necessary to even ask for a settlement, and longer to get a settlement. And, if a lawsuit is filed, it can take years to get to trial.