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Car Accident Injuries With Driver Or Passenger Not Wearing Seat Safety Belts Restraints
Serious bodily injury can occur to a driver or any passenger of a car if the occupant of the car is not wearing a seat belt in a car accident in the state of Maryland.
Anytime an occupant of a car in the state of Maryland is injured while not wearing a seat belt there may later be a reduction of the amount the injury victim gets by their percentage of liability for not wearing their seat belt. Maryland law used to impose a harsh 15% reduction of damages one recovers upon showing of proof of seatbelt non use. While Maryland law on seat belt use is now more lenient a proper post collision investigation is ever more important as I have seen many cases where there are issues about whether the injury victim was wearing a seat belt or not. It is common for police and ambulance responders to just get the facts wrong as to whether or not a person was belted correctly. Perhaps one reason for post crash confusion about seat belt use or non-use is the high confusion level following a crash.
While the buckle up law remains on the books the use or non-use of seat belts is something a skilled injury lawyer must always address in their injury case investigation. Current Maryland law allows up to a 5% reduction on damages for non seat belt use. An important argument on any seat belt use case would be whether or not the reduction is relevant based upon what damage the non-use of the seat belt had on the accident victim. Like any good lawyer pitted against another lawyer there always room for argument.
Car Accidents Injury Cases Involving Driver Ages 16-20 Who Are Under Driving Restrictions By Law
If you are injured and the adverse driver is an under aged adult in the state of maryland bankruptcy a good injury lawyer would investigate. The reason they would investigate is to see whether there are any special laws dealing with the youth driver is required to have an older passenger. In Maryland, drivers 16 years of age must have an adult passenger in certain situation and during certain times.
I just read in the NY Times that motor vehicle accidents with under age drivers are on the decline. Perhaps this is because of the state legislatures� move nationwide to restrict young driver in their driving before age 18. In Maryland driving restrictions do apply and even common law tort law may be involved since parents are always responsible for the torts of their children.
From my experience in handling injury cases- probably thousands over the last 16 years- I believe that underage driver do cause more accidents and they are usually more serious high impact accidents than adults. In the end a proper investigation as to whether the driver was driving up to the bar required by law will be important to maximize the recovery you may get since it would turn into an aggravated liability case if the underage driver violated the law when driving.
Cell Phone Use And Texting Messages and Car Accident Injury Claims
Cell phone use and texting messages while driving is leading to more serious car accidents nationwide and in Maryland state and Maryland.
Recent improvements and the spread of electronics like cell phones, text messaging, car DVD players and computer keyboards and printers in cars are leading to more car accidents nationwide. In my case load I certainly see the trend of these electronics making their way into automobiles. Driver use of electronics is certainly causing more accidents and a good car accident injury lawyer will do the leg work to assure that he gets all the evidence to prove his negligence case if the car crash involves cell phones or other electronic devices. These devices can distract drivers from paying attention to the road conditions and other drivers.
It is important for an injury workers comp lawyer to find out if the at fault driver was using a cell phone while driving. This is because a jury will usually award money damages for pain and suffering if it can be demonstrated that the at fault driver was callus enough to risk other�s health and welfare by driving and using pda devices like cell phones and text messaging. I just read an excellent article about this increasing problem in the February 12th, 2008 edition of the NY Times called �High-tech Invitations Take Your Mind Off Road.� The Times reports the NHTSA is finding that 80% of car crashes and up to 65% of near car accidents are caused in some measure by driver distraction.
In handling air bag cases and serious injury head on crash cases I see a trend that perhaps auto manufactures might be held liable for crashes involving modification they make to cars to help drivers use the pda devices while driving. I can also foresee punitive damages and more successful liability claims against drivers who drive and talk on their cell phones, use pdas while driving, laptops or use other electronics like GPS systems to help them navigate.
Getting Hit By A Car When Walking In An Intersection
Getting injured by a car when trying to cross the street at an intersection may mean that you have gotten a serious injury like a broken leg or arm. From my statistics in handling pedestrian/car crashes for the last 16 years the injured person may face many troubling issues and questions such as who pays the bills. Most of the PIP companies (Personal Injury Protection) will pay out any where up to $15,000.00 for injuries. This PIP policy will pay your medical bills.
Pain and suffering award money is also available and the amount you get really depends upon a lot of factors, which may include the kinds of injuries you received, the amount of bills and whether you have a permanent injury. Its best to talk to a injury lawyer in Maryland because experience counts especially when you are the victim.
Head On Collisions and Car Accident Injury Claims
When two cars collide head on into each other- often called a head on collision- the result
unfortunately is often the death of one or more of the drivers or passengers. In representing injured car accident victims in Maryland State and Maryland for the last 15 years I have come to know the identity of some of the most dangerous stretches of roadways in Maryland.
Many fatalities have occurred along State Highway 30 near Rainier and St. Helens in Columbia County. The state has tried in the last few years to make this road a little safer by installing medians and trees as a safety barrier. Some dangerous roads such as Highway 26 have the more deadly parts of the roads identified as a safety corridor.
Motorists are expected to maintain heightened car driving care in safety corridors in the state of Maryland. When car drivers fail to use due care in safety corridors for the non fault driver this will improve, in my opinion, the strength of the injury claim. Which then, is eventually presented to the insurance adjuster whether in Maryland State or Maryland.
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