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Every Maryland driver understands that there is a risk of a crash every time they get into their car. Despite that fact, no one actually expects to be in a life-changing acciden t. It is always a shock. However, it seems that Maryland drivers may face a higher risk than they previously thought. Maryland places first for at-fault drivers in a new study According to WDVM News, a new study by Insurify determined that Maryland had the most reports of at-fault car accidents than any other state. The study calculates that Maryland drivers have the second-longest commute to work in the country, which can significantly impact the number of accidents. And they believe that more time on the road is one factor that led to 16% of drivers causing an accident on Maryland roads. What does this mean? Drivers who cause an accident report fault in the accident report and in their statement to their insurance company. And if these people make up 16% of Maryland drivers, that averages out to around 315,000 people. So, nearly 315,000 drivers have been at fault for a collision. And the higher the number of at-fault drivers, the higher the risk other drivers face. What can drivers do? With greater risk, it is more important than ever for drivers to: Drive defensively: The most common at-fault accidents range from rear-end collisions to distracted or drunk driving accidents. Driving defensively can help drivers see threats on the road and avoid severe accidents. Report accidents accurately: In the event of an accident, it is critical for individuals to seek medical attention for injuries immediately. However, it is also essential to collect information such as: The at-fault driver’s insurance information and license plate number The at-fault driver’s name and address Photographs of the damage from the accident Simply because Maryland has many at-fault drivers who report an accident, does not mean that their insurance companies offer the individuals who are not at-fault proper compensation. With more at-fault drivers, it is even more crucial for others to remain vigilant in the event of an accident. It is not always possible to prevent these accidents. Even when people drive defensively, there is barely time to react. However, understanding the risk these kinds of accidents pose to drivers can help them protect themselves on the road.

Just like feathered accessories and square-toe shoes, it seems even speed cameras are making a comeback in Baltimore City. The cameras were shut down in 2013 for issuing erroneous tickets, but the city hopes that the updated cameras will not have the same problem. Drivers, beware. The plan is to add 37 more traffic cameras around the city, 27 of which will be speed cameras. These will join the traffic cameras that were already in place making Baltimore City home to over 100 cameras. This is what you should keep in mind before you speed past the new cameras. Reducing accidents According to one agency, speeding killed over 9,000 people in 2017, accounting for more than 25 percent of all traffic fatalities. While accidents seem to be an inevitable part of driving a vehicle, speeding tends to make a crash worse. The goal of the new traffic cameras is to reduce collisions and fatalities in the city. Many of the cameras are going up near schools to try to protect these high traffic areas and the children going to and from school. Raking in revenue There is another element to Baltimore City’s motivation for reviving the speed cameras. The cameras are set up to catch people going more than 12 miles per hour over the speed limit. When the cameras capture a speeder, the driver will get a $40 ticket. While that may seem small, the cameras are estimated to bring in over $20 million. The city is hoping that this time around the cameras will be effective at reducing accidents and will not have the same problem with erroneous tickets as the last time.

Vehicle rollover crashes cause serious – even fatal – injuries. Rollovers only happen in about three percent of car accidents, but they result in 30 percent of crash deaths. Rollovers can happen in an instant, but understanding why they happen and ways to minimize the chance of injury may help you stay safe. Which vehicles are most susceptible? Given the right set of circumstances, any vehicle could potentially roll in a crash. That being said, there are certain types of cars and trucks that are more susceptible. Vehicles with a higher center of gravity are more likely to roll if given the opportunity. This means that large commercial trucks, SUVs, vans and pickups are more likely to flip than small passenger cars. “Trips” and flips Single-vehicle rollovers don’t usually happen solely because of a bad steering maneuver like an over-correction (or under-correction) when avoiding a hazard. The vehicle usually has to “trip” on something like a pothole, curb, edge of the road surface, etc. An estimated 95 percent of single-vehicle rollover accidents happen because of “trips” like these. Staying safe In-vehicle safety systems are helping more people survive rollover crashes than ever before. These include side-curtain airbags, electronic stability control systems and basic seat belts. It’s important to wear a safety belt at all times in a vehicle; being fully or partially ejected from the vehicle increases your chances of serious injury or death. In fact, half of rollover fatalities involve partial or full ejections. It’s also important to: Have properly inflated tires with good tread Properly place heavy loads as close to the center of the vehicle and as low as possible; putting a heavy load on the vehicle’s roof makes it more likely to roll Forego the temptation to speed; 40 percent of rollover crashes involve excessive speed Stay aware on winding, country roads; 75 percent of fatal rollovers happen on rural roads with a speed limit of 55 miles per hour or higher that are undivided and lack barriers

Fall can be a dangerous time for pedestrians, as dusk becomes part of rush hour. The end of daylight savings time moves sundown right into the commute, meaning that drivers are forced to adjust to less ambient light and more light from headlights and streetlights. The difference in light changes the appearance of things. It changes the shadows. Small moving objects like pedestrians seem to disappear. Unfortunately, rush hour is already risky for pedestrians. “Every day, we see at least one or two people who require surgery after being hit by a vehicle, with everything from bone fractures to serious head and internal organ injuries. In my experience, rush hour tends to be the peak time for these types of auto-pedestrian injuries,” says a trauma surgeon at Cedars-Sinai hospital. A report by the Governors Highway Safety Association found that 75 percent of pedestrian deaths in 2016 took place after sunset. It is not just sunset that creates the risk, however. Part of the problem is the abruptness of the change in time. According to the AAA Foundation for Traffic Safety, the number of motor vehicle accidents occurring between 5 and 6 p.m. nearly doubles after daylight savings time ends. This is likely because drivers’ sleep cycles are also interrupted by daylight savings time, so their attention, concentration and decision-making are impacted. In fact, missing one to two hours of sleep nearly doubles a driver’s risk of a crash. The end of daylight savings time therefore creates ideal conditions for fatigue-related crashes. Drowsy driving is a factor in over 20 percent of fatal crashes on U.S. roadways each year. According to the National Sleep Foundation, sleep-deprived drivers are responsible or over 6,400 fatalities and 50,000 serious injuries each year. No driver wants to hit a pedestrian, and being aware of changing circumstances and the risk they create is crucial to safe driving. Here are some tips from AAA Mid-Atlantic for dealing with the switch to standard time: Slow down. Keep your headlights clean, along with both the inside and outside of your windows and windshield. Turn on your headlights during both early morning and early evening hours for visibility. Do not use your high beams when pedestrians or other cars are around. Always yield to pedestrians in crosswalks — and don’t pass other vehicles that have stopped for a crosswalk.

Red light cameras (RLCs) have popped up all over the country, including Maryland. No longer do police officers have to sit at intersections and wait for people to blaze through — a camera mounted at the intersection does all the work, monitoring traffic 24 hours a day, taking pictures of violators and passing them along to the ticketing department, who mail out the violations. Cities argue that they make intersections safer and more efficient, not to mention profitable. However, a recent study by the Maryland Department of Transportation complicates this picture, suggesting that in some cases red light cameras can actually lead to an increase in rear-end collisions. What’s Working The study looked at data from 27 intersections over a 10-year period, which captured the behavior of more than 1,000 drivers as they encountered RLC intersections. They compared this information for crash statistics from other intersections without cameras and found that RLC systems tended to reduce side-impact collisions. In addition, this reduction carried over to the neighboring intersections, a so-called “spillover” effect. Even when no cameras were present, drivers tended to modify their behavior and drive more cautiously, stopping on yellow lights more frequently. What’s Not Despite the safety benefits, one area in which RLCs made no impact was rear-end collisions. In fact, depending on the kinds of drivers in the neighborhood, some RLCs increased the likelihood of rear-end collisions. Because some drivers worried about getting a ticket, they’d slam on their brakes, taking other drivers by surprise. While it’s important to keep intersections safe, a percentage of Maryland’s traffic accidents are simply being transferred to other parts of the road. Red light cameras are a fact of life in Maryland, and they aren’t going away anytime soon. Because of that, you need to watch for erratic behavior from other drivers when you’re behind the wheel. Just because someone would ordinarily go through a light doesn’t mean they’ll do the same when there’s a camera around. Keep your eyes open. Increase your following distance. Pay attention to the RLC advanced warning signs. If you can do that, you’ll be able to avoid their unfortunate side effects.

Memorial Day has come and gone and summer has officially arrived in Maryland. We are all itching to get out of doors and take advantage of the season. Naturally, our sidewalks and public areas are teeming with people of all ages and abilities out there walking, running, playing and biking, whether using training wheels, three-wheeled bikes, regular bicycles or racers. Also out and about are more wheelchairs and strollers as well as users of walkers and canes. This increase in human activity means that Maryland motorists must take care to drive reasonably for the surroundings and conditions and to comply with traffic laws. More people are around. Seniors and those with disabilities may be slower and children may unexpectedly dart out. Avoid negligent motoring Maryland drivers must take care to drive reasonably to keep pedestrians and bikers safe. Should the driver of a car or truck drive negligently, recklessly or in violation or traffic or criminal laws, should he or she strike a person walking or running or using a bicycle, the driver would be liable for resulting injury, pain and suffering, property damage and wage loss. Last week, we published a post about motorcycle accidents and how a personal injury attorney can help an injured victim or the surviving loved ones of someone who dies in such a crash. In that blog, we talked about how a lawyer will investigate the scenario of a motorcycle accident by using experts in civil engineering and accident reconstruction. The same factors are important in a collision involving a person or bicycle. Careful estimate of comprehensive damages Injuries tend to be so severe in an accident between the human body and a heavy, metal vehicle that medical evidence is also particularly important to establish the extent of an injury, including the current and future need for medical treatment, wage replacement, rehabilitation, therapy, home or car modifications, medical equipment and more. In serious cases, long-term residential care may also be involved. The trauma of a pedestrian accident may also cause mental or emotional harm for which compensation for treatment would be appropriate. Seek the assistance of an attorney as early as possible after such an accident, who will negotiate with involved insurance companies and other parties and file a lawsuit should fair settlement not be possible.

Beginning last month, Maryland vehicle owners and lessees started receiving specific information about open recalls on their vehicles as part of mailed and emailed annual vehicle registration renewal notices. While having the free repair that is the subject of a recall completed is not required to renew the vehicle registration, it is a smart safety step for a vehicle owner to take. Federal grant funding This new practice is a federally funded pilot program and Maryland is the first, and so far only, state to implement it. The National Highway Traffic Safety Administration or NHTSA gave the state of Maryland a grant of $222,300 to set up and administer the program. The Maryland Department of Transportation Motor Vehicle Administration or MDOT MVA will administer the program and the state has entered into an arrangement with Cox Automotive, Inc., to provide the vehicle recall data. Goal of safer roads The purpose of this program is obviously to make our roads safer by increasing the chances that vehicle owners will have vehicle parts and equipment with known defects repaired or replaced, a free manufacturer service. Notably, MDOT MVA reported in October that only about 70 percent of recall repairs on average are actually completed. Since manufacturers lose track of owners when they move or sell vehicles, current car owners may not actually receive manufacturer recall notices. Since vehicle registration must be renewed annually, this pilot program is a smart way to get the word out about sometimes seriously needed repairs. According to an MDOT MVA press release, car owners and lessees can check for recalls using the vehicle identification number or VIN through an authorized dealership or using a tool on www.nhtsa.gov. Impact of failure to have recall repairs made It is hard to think of a valid excuse for failing to take advantage of a free recall for a known problem, especially a serious one. In fact, if not having the recall-related repair done leaves a vehicle in a dangerous condition and that condition causes a car accident, the failure to respond to the recall notice could be important evidence of potential negligence in a lawsuit for injury or death resulting from the crash.

With a metropolitan area of about 2.8 million inhabitants — we all know that roadway accidents involving cars, trucks, buses and motorcycles are going to happen in greater Baltimore. Some of these collisions are really accidental and others just fender benders, but when someone negligently or recklessly causes a crash that leaves another driver or a passenger, cyclist or pedestrian with serious injury or even results in death, the at-fault driver is liable in a personal injury or wrongful death lawsuit for the victim’s injuries and losses. Factors in Baltimore collisions On April 5, the Baltimore Post-Examiner published a detailed article that takes a deep dive into the circumstances of Baltimore crashes. Three recurring problems are involved: speeding, driving under the influence of alcohol or drugs, and distracted driving such as operating a motor vehicle while texting. Some of the data shared by the Post-Examiner: Dying in a fatal motor vehicle accident will be the number-seven cause of death for Baltimore residents by 2030. Statewide and in Baltimore, crashes are associated with “busy road arteries,” high “population density,” geography, “socio-economic … factors” (like age or gender) and downtown areas. Distractions behind the wheel The three kinds of driving distraction are well known: visual, manual (hands) and cognitive (mental). Mobile-phone use, especially the act of texting, dangerously involves all three kinds of distraction. The Maryland Motor Vehicle Administration, known as MVA, also cites auditory distraction such as listening to music or hearing a voice on a cell phone as a fourth type of driving distraction. The MVA explains that under Maryland law, it is illegal to use a “handheld” phone behind the wheel, including texting and emailing. Certainly, in a lawsuit brought against a driver fined for this offense after having caused an accident at the same time, the citation would be important evidence of negligent or reckless driving behavior.

A new stacking law in Maryland will benefit some victims of motor vehicle accidents by increasing the amount of money available from insurance proceeds to cover damages like medical bills, lost wages, and pain and suffering caused by at-fault drivers. Specifically, the law will allow the victim to recover up to the full amount of his or her own underinsured motorist coverage — often called UIM — in addition to damages equal to the other driver’s policy limit. Enhanced underinsured motorist coverage The law, which is already in effect, will apply to car insurance policies bought in the state on or after July 1, 2018. Insurance companies will then be required to offer policy buyers the new option of “enhanced underinsured motorist” coverage, referred to as EUIM. UIM comes into play when the at-fault driver’s policy is not sufficient to cover all of the victim’s damages in a car accident — in other words, the driver is underinsured for the loss. In this situation, the victim’s UIM coverage would kick in to help make up the difference between the at-fault driver’s limit and the actual amount of loss. Current law Currently, Maryland operates under a so-called “gap theory” under which the victim is limited to the amount of his or her own UIM limits, even if part of the recovery comes from the at-fault driver’s policy. For example, if the victim (or plaintiff) carries $100,000 in UIM and the defendant has a liability limit of $30,000, the victim could first get $30,000 under the defendant’s policy and then the remaining $70,000 from the plaintiff’s UIM coverage, totaling in combination the limit of the victim’s UIM coverage ($100,000). If the victim had $150,000 in damages, he or she would come up $50,000 short. Under the new law If the victim in our hypothetical situation had purchased the new EUIM option, the recovery would not be limited by the amount of the victim’s UIM. Rather, the two policies can “stack” to get closer to the actual damage amount. In our example, the victim could collect $30,000 from the defendant’s policy plus the entire $100,000 from the plaintiff’s UIM stacked on top of the $30,000 for a total insurance recovery of $130,000. In this scenario, he or she would then only be $20,000 short of the total damage amount of $150,000. A personal injury lawyer can answer questions about how the new stacking law will operate in any given situation.

Based on a federal study, Time magazine says it is where Gwynns Falls Parkway and Reisterstown Road cross in Baltimore, according to Baltimore Patch. The second-most dangerous is in close proximity too, just outside of Philadelphia. Precarious by nature Of course, intersections increase the risk of motor vehicle collisions. When two or more roads cross, drivers need to use additional skills to stay safe. Whether the crossing is controlled by lights, or by stop or yield signs, or by traffic rules that kick in if the intersection is uncontrolled, drivers need to understand and follow these control mechanisms. Add to the need for a driver’s higher level thinking the possibility of pedestrians, bicycles or motorcycles and you have the potential for confusion. The Federal Highway Administration or FHA, part of the U.S. Department of Transportation or DOT, calls intersections “planned points of conflict” that naturally present safety concerns. Intersection accidents are common too, with the agency attributing about one-quarter of all traffic deaths and about half of traffic injuries to intersection involvement. In particular, the agency points to the safety problems created by increased “user delay and frustration” growing from intersection congestion during high traffic times, causing traffic “inefficiency.” In every driving situation, however, no matter how stressful, drivers are required to drive with reasonable care and in compliance with traffic laws. When driving behavior is negligent, aggressive or reckless, causing an accident that results in injury or death, the driver would be liable to the injured party or to his or her survivors in case of death in a personal injury or wrongful death lawsuit. Examples of dangerous driver choices at intersections include: Failure to yield to pedestrians Unsafe left turns Running red lights Missing or ignoring stop signs Inadequate visual monitoring of the scene Speeding or driving too fast for the traffic or weather conditions Talk to a lawyer Anyone in Maryland involved in an intersection collision should speak as soon as possible with an attorney. Legal counsel will start an investigation of the matter as quickly as possible while evidence is preserved and witness memories fresh. The lawyer will bring in an expert accident reconstructionist due to the increased complexity of an intersection crash.

Despite public campaigns promoting safer driving, terrible accidents happen far too often in Maryland, taking lives and leaving behind devastated loved ones. A quick look at recent Maryland media reveals: In October, a three-car accident in Westminster involving a vehicle going at least 100 mph caused three people’s deaths, including a pregnant woman, plus the death of the speeding driver. This summer, a car reportedly driving the wrong direction on a highway near Fort Washington caused a head-on collision, killing both drivers. In Cecil County in July, a car trying to cross a highway struck a motorcycle, killing its Delaware operator. Wrongful death lawsuits Anyone in Maryland who loses a spouse or relative in this way should speak with a lawyer as soon as possible. The state wrongful death statute allows a lawsuit against anyone causing the death of another through a “wrongful act.” If the wrongdoer also dies before the wrongful death suit is filed, the plaintiff may instead sue the personal representative of the wrongdoer’s estate. A wrongful act for purposes of wrongful death is an “act, neglect, or default,” including a “felonious act” that could have supported a lawsuit for damages if the wrongdoer had not died. With some exception, a wrongful death action may be filed by a spouse, child or parent. If none of these relatives are eligible to file, anyone related by marriage or blood can bring the suit if the person was “substantially dependent” on the deceased. A successful wrongful death plaintiff can get damages for pecuniary losses, meaning for things that can be financially measured. For example, if the decedent was paying rent for an elderly parent, that loss could be measured in dollars. Damages are also allowed for noneconomic damages like those for “mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, marital care, prenatal care, filial care, attention, advice, counsel, training, guidance, or education …” Some of these require that certain conditions be met. In most situations, the wrongful death lawsuit must be brought within three years of death, with different deadlines applying in situations involving death from occupational disease or by homicide. Survival action Another potential remedy could be a suit by the deceased person’s personal representative of his or her estate on behalf of the deceased for damages for the harm inflicted while alive that led to death, including funeral expenses.

Our lawyers represent Maryland motorcyclists who have been the victims of collisions with larger, enclosed motor vehicles because of the negligent or reckless driving practices of those operating cars, vans, SUVs or trucks for which motorcycles are no match. Earlier this month, an accident like this killed a 52-year-old Elkton motorcyclist when an SUV turned left in front of him on West Pulaski Highway in Cecil County, according to the Cecil Whig. The left-turn crash The motorcycle crash occurred at about 7:15pm on Wednesday, October 4, when the SUV turned into the biker’s oncoming path, causing the motorcycle to hit the front passenger area of the vehicle. The article cites police as saying that the cycle then “careened off the right side of the highway and struck a stop sign.” The Insurance Institute for Highway Safety reports that in 2015, 42 percent of fatal accidents involving motorcycles and one other vehicle were similar to the Elkton crash — when the other vehicle turns in front of the motorcycle as it is “going straight, passing or overtaking the vehicle.” Seek legal advice , It is important that a motorcyclist who is hurt in an accident with another vehicle speak to a lawyer as soon as possible so that legal counsel can undertake a private investigation of the incident. The sooner the investigation, the fresher the evidence will be, including the memories of police and other witnesses. In a left-turn accident, it will be important for the lawyer to uncover whether the turning driver was negligent or reckless or violated any traffic laws. For example, did the use of a cell phone distract the driver? Was he or she coming from a party at which alcohol was served? Did he or she misjudge the speed or distance of the motorcycle? Was the sun in the driver’s eyes? If the incident caused a motorcyclist fatality, the surviving family and loved ones should also seek immediate legal advice about a potential wrongful death lawsuit.