Maryland Car Accidents Questions & Answers
Q: if pedestrian is already in unmarked crosswalk, does driver have to yield right of way (maryland)
Lee Eidelberg's answer
Whether or not the crosswalk is "marked," a pedestrian crossing the street at a crosswalk has the right of way.
The preference the pedestrian enjoys, however, is not unlimited and does not relieve the pedestrian of the duty to use reasonable care to avoid injury. The analysis concerns whether the pedestrian described in your scenario (rather than merely the question you posed) is actually in what the law defines as a crosswalk. An unmarked crosswalk is defined as "that part of a...
Whether or not the crosswalk is "marked," a pedestrian crossing the street at a crosswalk has the right of way.
The preference the pedestrian enjoys, however, is not unlimited and does not relieve the pedestrian of the duty to use reasonable care to avoid injury. The analysis concerns whether the pedestrian described in your scenario (rather than merely the question you posed) is actually in what the law defines as a crosswalk. An unmarked crosswalk is defined as "that part of a...
Q: Hello .... I was involved in an accident I was at a stop light when light turned green I proceeded a guy turning left
Lee Eidelberg's answer
The short answer is yes, you can fight the ticket. However, if the other party appears in court, the decision will ultimately be based on that parties word versus your word. However, if there was no personal injury it is quite possible unless the officer actually witnessed the accident, that the other party will fail to appear and the citation can be dismissed. You will need to retain an attorney to represent you in court or you will have to personally appear from out of state to do so yourself
The short answer is yes, you can fight the ticket. However, if the other party appears in court, the decision will ultimately be based on that parties word versus your word. However, if there was no personal injury it is quite possible unless the officer actually witnessed the accident, that the other party will fail to appear and the citation can be dismissed. You will need to retain an attorney to represent you in court or you will have to personally appear from out of state to do so yourself
Q: What happens if you miscarry after an accident?
Lee Eidelberg's answer
If it is proving, to reasonable grief medical probability, that's your miscarriage was a result of the accident, you would be entitled to claim damages for any medical expenses related to that most unfortunate event, as well as compensation for conscious pain and suffering.
If it is proving, to reasonable grief medical probability, that's your miscarriage was a result of the accident, you would be entitled to claim damages for any medical expenses related to that most unfortunate event, as well as compensation for conscious pain and suffering.
Q: I work for Baltimore City Department of Transportation I had a accident at work ambulance hit the work truck
Thomas Neary's answer
Possibly. It depends on how the accident happened.
As an employee, if you were working at the time of the accident, you would likely be entitled to file a Workers Compensation claim with your employer for any injuries and damages. You could also file an action directly against the driver and/or owner of the ambulance for your injuries but would have to deal with any liens for the Workers Compensation paid to you.
As to liability, it would depend on the facts of the accident....
Possibly. It depends on how the accident happened.
As an employee, if you were working at the time of the accident, you would likely be entitled to file a Workers Compensation claim with your employer for any injuries and damages. You could also file an action directly against the driver and/or owner of the ambulance for your injuries but would have to deal with any liens for the Workers Compensation paid to you.
As to liability, it would depend on the facts of the accident....
Q: Are there specific types of car accidents that require expert testimony? What would be one of those situations where I'd
3 Answers
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Personal Injury, Car Accidents and Civil Litigation
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Maryland
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Answered on Dec 18, 2018
Answered on Dec 18, 2018
Mark Oakley's answer
Yes. It’s not common, but there are occasional scenarios where the cause of the accident is in dispute, and an accident reconstruction expert is used to examine the location and extent of damage to each vehicle, skid marks on the roadway, calculate speed of vehicles based on impact damage, sight lines on direction of travel to determine when it was first possible for one driver to see the other car in order the gauge available reaction time, etc. There are many other scenarios other than...
Yes. It’s not common, but there are occasional scenarios where the cause of the accident is in dispute, and an accident reconstruction expert is used to examine the location and extent of damage to each vehicle, skid marks on the roadway, calculate speed of vehicles based on impact damage, sight lines on direction of travel to determine when it was first possible for one driver to see the other car in order the gauge available reaction time, etc. There are many other scenarios other than...
Q: If my boyfriend was driving my car when he crashed it into a stopped vehicle, am I responsible for the damages?
Mark Oakley's answer
Your insurance is responsible for the damages. Your boyfriend is primarily responsible, but your insurance covers anyone whom you have permission to drive your car. Generally speaking, you can only be personally responsible if your boyfriend was on an errand for your benefit (acting as your agent), or if you knew your boyfriend was either a reckless driver or was not legally allowed to drive (negligent entrustment). Otherwise, just because you are the vehicle owner does not mean you’re liable...
Your insurance is responsible for the damages. Your boyfriend is primarily responsible, but your insurance covers anyone whom you have permission to drive your car. Generally speaking, you can only be personally responsible if your boyfriend was on an errand for your benefit (acting as your agent), or if you knew your boyfriend was either a reckless driver or was not legally allowed to drive (negligent entrustment). Otherwise, just because you are the vehicle owner does not mean you’re liable...
Q: Another driver hit me while he wasn't wearing his prescription eye glasses. Can I sue him for extra money?
Timothy Fizer's answer
I do not know what you mean by "extra money." If you are asking whether you can get more because he was not wearing his prescription glasses, the answer likely is "no;" you are entitled to fair compensation for your injuries, if any. You are not entitled to an additional amount to punish the driver for forgetting to wear his glasses.
I do not know what you mean by "extra money." If you are asking whether you can get more because he was not wearing his prescription glasses, the answer likely is "no;" you are entitled to fair compensation for your injuries, if any. You are not entitled to an additional amount to punish the driver for forgetting to wear his glasses.
Q: I was involved in a car accident with a senior citizen who should not have been driving.
Mark Oakley's answer
It is unclear whether you are angry and vengeful for the accident, or genuinely concerned for the safety of this senior citizen and the public at large. Ordinarily, if a police officer responding to an accident has reason to believe that a driver has an infirmity that makes them a danger on the road, they will fill out a certification to that effect and refer their concerns to the MVA, which will conduct a driver safety review and may temporarily suspend the license pending medical and physical...
It is unclear whether you are angry and vengeful for the accident, or genuinely concerned for the safety of this senior citizen and the public at large. Ordinarily, if a police officer responding to an accident has reason to believe that a driver has an infirmity that makes them a danger on the road, they will fill out a certification to that effect and refer their concerns to the MVA, which will conduct a driver safety review and may temporarily suspend the license pending medical and physical...
Q: Who do I need to speak to about a terrible accident involving myself and a natural resource officer?
Eric Todd Kirk's answer
Very sorry to hear that this has happened to you and your family. If you were injured in the accident you should indeed immediately consult with a Maryland personal injury attorney.
Very sorry to hear that this has happened to you and your family. If you were injured in the accident you should indeed immediately consult with a Maryland personal injury attorney.
Q: Can I sue the city for failing to prevent car break-ins?
Timothy Fizer's answer
The likely answer to your question is no, although you have not provided sufficient details to elicit a more specific answer.
The likely answer to your question is no, although you have not provided sufficient details to elicit a more specific answer.
Q: I got into a car accident with someone who lives in Virginia. They want the court proceedings to take place there but
3 Answers
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in
Personal Injury, Car Accidents and Civil Litigation
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Maryland
on
Answered on Sep 14, 2018
Answered on Sep 14, 2018
Mark Oakley's answer
Are you the one making the claim, or is the other driver? The proper venue is where the accident occurred. In almost all cases that is the jurisdiction suit must be filed in. A defendant can also be sued where they reside, but in an accident case you should stick to where the accident occurred. If you are the one suing, then beware: Virginia only has a 2 year statute of limitations, whereas Maryland is three years.
Are you the one making the claim, or is the other driver? The proper venue is where the accident occurred. In almost all cases that is the jurisdiction suit must be filed in. A defendant can also be sued where they reside, but in an accident case you should stick to where the accident occurred. If you are the one suing, then beware: Virginia only has a 2 year statute of limitations, whereas Maryland is three years.
Q: How do i remove a suspension of my license from a judgment that was vacated
1 Answer
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Traffic Tickets, Car Accidents, Civil Litigation and Small Claims
for
Maryland
on
Answered on Sep 13, 2018
Answered on Sep 13, 2018
Eric Todd Kirk's answer
I would suggest you contact the MVA, show them your paperwork, and follow their direction to get your license reinstated.
http://www.mva.maryland.gov/about-mva/info/27200/27200-07T.htm
I would suggest you contact the MVA, show them your paperwork, and follow their direction to get your license reinstated.
http://www.mva.maryland.gov/about-mva/info/27200/27200-07T.htm
Q: How do I know if I should report a car accident to my insurance or not? I don't want to raise my payments.
Eric Todd Kirk's answer
If you were at fault and expect them to pay anything to the other side, or to you for pip or property damage, you need to report it. If you were not at fault, and want to collect pip, or payment under your collision or rental coverage, you need to report it.
If you were at fault and expect them to pay anything to the other side, or to you for pip or property damage, you need to report it. If you were not at fault, and want to collect pip, or payment under your collision or rental coverage, you need to report it.
Q: Do I still have to make lease payments if someone else caused an accident that totals my car?
Nyasha A. West's answer
Lease payments result from an agreement between yourself and your bank. If your car is totaled by a third party, whom lacks privity of contract with the bank holding your car note, you would file a claim against the third party's insurance. It is unlikely the insurance company will willingly make you whole and therefore situations like these are best handled by an attorney.
Lease payments result from an agreement between yourself and your bank. If your car is totaled by a third party, whom lacks privity of contract with the bank holding your car note, you would file a claim against the third party's insurance. It is unlikely the insurance company will willingly make you whole and therefore situations like these are best handled by an attorney.
Q: What kind a lawyer do I need for damages to a car due to negligence on the mechanics part
Peter N. Munsing's answer
You need to figure the cost of repairing the damage vs cost of hiring an attorney. I don't know of any that would take that on a contingent fee.
However if it's provable and you have collision coverage or general property damage coverage, why not file a claim with your insurance and let them go after the mechanic?
You would look for a consumer attorney.
You need to figure the cost of repairing the damage vs cost of hiring an attorney. I don't know of any that would take that on a contingent fee.
However if it's provable and you have collision coverage or general property damage coverage, why not file a claim with your insurance and let them go after the mechanic?
You would look for a consumer attorney.
Q: I was in an auto accident with no witnesses, Would a lawyer post signs at the intersection looking for witnesses?
Mark Oakley's answer
It seems like a highly unlikely strategy to locate a witness--someone who randomly might have seen the accident and who will also randomly drive through that same intersection and notice some sign you post as they drive past. Nothing stopping you trying it, and certainly if the accident happened along a busy commuter route during rush hour then you might increase your odds that the same drivers will pass through on their way to and from work. I don't see too many lawyers doing this for you,...
It seems like a highly unlikely strategy to locate a witness--someone who randomly might have seen the accident and who will also randomly drive through that same intersection and notice some sign you post as they drive past. Nothing stopping you trying it, and certainly if the accident happened along a busy commuter route during rush hour then you might increase your odds that the same drivers will pass through on their way to and from work. I don't see too many lawyers doing this for you,...
Q: What is the time limit for suing over car accident injuries?
Peter N. Munsing's answer
Depends on the state where it happened, the type of claim, your age.
If under 18, in most states you have until you are 20.
In Maryland, 3 years for injuries from a car crash. However if your claim is for underinsured or uninsured benefits it may be different.
Feel free to call if you have any questions.
Depends on the state where it happened, the type of claim, your age.
If under 18, in most states you have until you are 20.
In Maryland, 3 years for injuries from a car crash. However if your claim is for underinsured or uninsured benefits it may be different.
Feel free to call if you have any questions.
Q: The other driver's insurance company seems like it's taking forever to investigate my accident. Do they have a time
Eric Todd Kirk's answer
There is no hard and fast rule. Generally, 30 days is considered adequate time to investigate a claim. An unreasonable delay, especially where the answers are clear, may entice the MIA to get involved and examine the insurer's conduct.
There is no hard and fast rule. Generally, 30 days is considered adequate time to investigate a claim. An unreasonable delay, especially where the answers are clear, may entice the MIA to get involved and examine the insurer's conduct.
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