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Maryland Car Accidents Questions & Answers
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... Read 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... Read more »

2 Answers | Asked in Car Accidents for Maryland on
Q: Who is at fault? Turning into lane then car in next lane changes into same lane and collides with your car.
Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

If you were hurt contact a member of the Md. Assn for Justice--they give free consults. Much depends on how the wreck happened, so avoid giving statements over the phone until you speak with an attorney. If you don't know who to call, give me a call.

Much depends on who was where...
Read more »

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1 Answer | Asked in Car Accidents for Maryland on
Q: If a vehicle has a flat tire and parks in highway lane and doesn't pull over to should and causes accident who is liable

This cause a chain accident. Vehicle A was stopped on highway, Vehicle B and C were stopped behind. Vehicle D swerved to miss the other stopped vehicles and Vehicle E hit Vehicle C.

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

Likely Vehicle E as regardless of the "why" of the actions in front, all drivers have to drive in a way that allows them to stop for vehicles stopped ahead. Sounds like B & C managed to do this and D managed to swerve, and I'm not hearing why E went on and hit them. That being... Read 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.

1 Answer | Asked in Car Accidents for Maryland on
Q: I was hit on the right side of my car by the driver coming from my right hit the right side of my car

The report says it happened on Acton Lane Acton Lane THATS false accident happened no acton lane and old Washington rd

John Mesirow
John Mesirow answered on Oct 2, 2019

You haven't provided enough information. For example, were you injured? If so, you should contact a personal injury lawyer to discuss your potential claim. Regarding the error in the police report, errors are not uncommon. Sometimes they matter, and sometimes they don't. The attorney you... Read more »

1 Answer | Asked in Car Accidents for Maryland on
Q: Minor car wreck, police report says "charges pending". How do I find out if formal charges are ever actually filed?
Lee Eidelberg
Lee Eidelberg answered on Aug 15, 2019

Depending on the charge(s) and the jurisdiction, you could receive a notice to appear at a "preliminary inquiry," which requires one to report to a court commissioner to be formally advised of one's charges, one's right to an attorney and other pertinent information. This... Read more »

1 Answer | Asked in Car Accidents for Maryland on
Q: I was involved in a property damage crash with a parked car and the police rep says "Charges Pending". What is that?
Mark Oakley
Mark Oakley answered on Aug 15, 2019

When police do not witness the crash, but are called upon to investigate the circumstances, they may decide to cite the driver with applicable violations of the traffic laws after evaluating the evidence.

2 Answers | Asked in Car Accidents for Maryland on
Q: In a full lot, I hit another car that was parked over the line for AT least a week. Is there negligence on their part?

I left a note and there is only a minor scratch. Almost 2 months later the driver has finally decided to try and contact me. Does this length of time to take action also make any difference?

This happened on private property in the state of Maryland

Bennett James Wills
Bennett James Wills answered on Jul 31, 2019

If the owner of the car decided to sue you, two months wouldn't make any difference. If there is a lawsuit, contact your insurance company right away.

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1 Answer | Asked in Car Accidents for Maryland on
Q: I run into a minor car accident this morning. The police came and I gave him my license, registration, and insurance.

He came back and handed me my stuff back but didn't give me any tickets or warnings. He only gave me an information exchange form. Does that mean I'm okay?

Tim Akpinar
Tim Akpinar answered on Jul 24, 2019

A Maryland attorney familiar with traffic stop protocols could advise most meaningfully here, but your question remains open for a while. As a general matter in most jurisdictions, you would have likely received some sort of notice of any violation at the scene. In the information exchanged, check... Read more »

2 Answers | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for Maryland on
Q: Someone ran over my dog... Can they sue me for car damage?

Our dog was let outside (we live on a farm), she was unleashed. She ran out into the road and a speeding truck had run her over. He did not call the police. Our dog was taken to the vet immediately and stitched up (the vet bill was over $700). She was told she had a high chance to live but... Read more »

Mark Oakley
Mark Oakley answered on Jul 18, 2019

I am very sorry about your dog. Sadly, some people can have no sympathy whatsoever. Unfortunately, as owners of your dog, it is your obligation to maintain it under control and not allow it to run loose across traffic. The people should submit their claim to their car insurance, but legally, they... Read more »

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2 Answers | Asked in Car Accidents and DUI / DWI for Maryland on
Q: First offense. Arrested for DUI after accident. No paramedics, denied opportunity to speak to a lawyer entire time.

Hit a pole driving with a friend. Police showed up, pulled us from the car, and started administering FST right away. Blew breathalyzer and was arrested afterwards. Taken to station, blew breathalyzer there and blew .16. Released afterwards. No paramedics were called and asked for a lawyer from the... Read more »

Mark Oakley
Mark Oakley answered on Jul 4, 2019

If by “beating the case” you mean winning at trial, there are not enough details in your description to give any definitive opinion, but the accident is more than enough probable cause for an officer to initiate a stop and a investigation, and then everything else flows from there as to... Read more »

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2 Answers | Asked in Car Accidents and Consumer Law for Maryland on
Q: Hi, Is a manufacturer dealership responsible to inform me of any recalls when I’ve taken my car there for repairs

I take my car to the manufacturers dealership for repairs and services

Peter N. Munsing
Peter N. Munsing answered on Jun 12, 2019

They should but it's really the manufacturer itself who should be sending you the information.

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5 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: How long I have to get a lawyer after car accident in MD

A woman run a red light a total my vehicle causing me to to hit someone else vehicle on my 60 birthday

Thomas Neary
Thomas Neary answered on May 31, 2019

Sorry about your accident and rough birthday!

The Statute of Limitations for filing most claims related to the accident is 3 years from the date of the accident. This is for negligence claims.

There are also some issues dealing with insurance that need to be dealt with earlier. It...
Read more »

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2 Answers | Asked in Car Accidents and Insurance Bad Faith for Maryland on
Q: Can another person's insurance company not pay you for a claim if your car was hit while parked on a red curb in MD?

There were no signs, fire hydrant, or fire lane marked. Have hospital's video of my car being hit.

Peter N. Munsing
Peter N. Munsing answered on Apr 6, 2019

No. Confirm they are not paying in writing. Then file a complaint with the Attorney General Office of Consumer Affairs and with the Insurance Commissioner.

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2 Answers | Asked in Car Accidents for Maryland on
Q: if pedestrian is already in unmarked crosswalk, does driver have to yield right of way (maryland)

while at a side street intersection, a pedestrian starts to cross the street (no crosswalk designated) when a car approaches from the rear and starts to turn onto the side street while pedestrian is still in intersection. who has right of way?

Lee Eidelberg
Lee Eidelberg answered on Feb 7, 2019

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...
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1 Answer | Asked in Car Accidents for Maryland on
Q: Hello .... I was involved in an accident I was at a stop light when light turned green I proceeded a guy turning left

Hit me the police wrote the report saying I did not yield right of way I totally disagree can I fight this no ticket as of yet I live in Birmingham, al no one was hurt

Lee Eidelberg
Lee Eidelberg answered on Jan 15, 2019

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... Read more »

2 Answers | Asked in Car Accidents for Maryland on
Q: What happens if you miscarry after an accident?
Lee Eidelberg
Lee Eidelberg answered on Jan 14, 2019

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.

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2 Answers | Asked in Car Accidents for Maryland on
Q: I work for Baltimore City Department of Transportation I had a accident at work ambulance hit the work truck

Do we haveva case

Thomas Neary
Thomas Neary answered on Jan 10, 2019

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...
Read more »

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3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Maryland on
Q: Are there specific types of car accidents that require expert testimony? What would be one of those situations where I'd

need to hire one?

Mark Oakley
Mark Oakley answered on Dec 18, 2018

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... Read more »

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