Posted on January 07, 2022 in Truck Accidents

Wrongful death lawsuits in Virginia usually result from the negligent actions of another person who assumes legal liability for the damages that they cause. Common examples of wrongful death include fatalities resulting from medical malpractice, auto accidents, and workplace accidents. Here’s what you need to know about who can bring a wrongful death suit in Virginia.

WHO CAN BRING A WRONGFUL DEATH SUIT IN VIRGINIA?

Virginia state law § 8.01-53 governs who can file wrongful death claims in the state.
Direct family members are typically the parties who file wrongful death claims. The potential eligible plaintiffs include the surviving spouse of the deceased, children of the deceased, the grandchildren of the deceased, and the parents of the deceased (if they relied on the deceased for support). If none of those exist, then other family members may qualify to receive compensation.

Continue Reading ››

 Posted on December 28, 2021 in Truck Accidents

Truck drivers in Maryland and around the country used to have to be at least 21 years old before they could be hired for interstate trips. However, a new infrastructure law will allow people as young as 18 to become long-haul truckers. The change to federal regulations is an effort to solve an ongoing truck driver shortage that could affect supply chains across the country.

SAFETY ADVOCATES ARE WORRIED

Younger truck drivers have much less experience than the seasoned highway veterans that are getting ready to retire. However, the trucking industry is short an estimated 80,000 drivers, and trucking companies need to hire new drivers to meet industry demands. Safety advocates say that lowering the age for truck drivers isn’t the answer since teenagers have a four-times higher chance of being involved in big rig accidents than older drivers.

RULES HAVE ALREADY BEEN RELAXED

Scheduling regulations for the trucking industry have already been relaxed by the Department of Transportation in recent years. Under the Trump administration, there was an exemption created for truckers that needed to work 14-hour shifts close to their starting points. In most cases, truckers are limited to 11-hour workdays and a maximum of 70 hours of driving per week.

Continue Reading ››

 Posted on December 08, 2021 in Truck Accidents

Wearing a seat belt means much more than merely complying with Maryland law while driving a vehicle. Not wearing a seat belt while riding in a vehicle can also be a serious point of contention when involved in an accident if the respondent insurance company wants to be difficult in settling a personal injury claim. This applies to both drivers and passengers.

CONTRIBUTORY NEGLIGENCE

Most states in the union use modified or pure comparative negligence law when accident injury cases are evaluated for approval, but not Maryland. It uses the antiquated contributory negligence law that allows personal injury claims from car accidents to be denied when the injured party even has 1% of fault for their own injuries. This not only applies to drivers but also potentially to passengers who were not wearing a seat belt at the time.

NEGLIGENCE EVALUATION

Auto accident injury claims are often defended strongly when the insurance company thinks they have the slightest level of legal grounds for a claim denial. The role of the claims adjuster in these cases is to look for any technicality that could support a contributory negligence defense to the claim. Drivers are not only evaluated for contributory negligence when the case goes to court, but whether or not any injured claimant was wearing a seat belt will be introduced into the record as well.

Continue Reading ››

 Posted on December 01, 2021 in Truck Accidents

In 2020, there were more than 95,000 car accidents in Maryland, according to the Maryland Department of Transportation (MDOT). Car crashes can occur for various reasons, but the MDOT has identified three major causes for these accidents. To avoid getting into a serious collision, you should know about the most common causes of crashes and how to prevent them.

DISTRACTED DRIVING

Almost half of the crashes in 2020 in Maryland were caused by distracted driving. Distracted driving constitutes any activity that takes the driver’s attention off the act of driving, such as eating, drinking, texting, talking to passengers and fiddling with the stereo. To prevent distracted driving, keep your eyes on the road at all times and wait until you reach your destination to send a text or respond to a message.

SPEEDING

There were 7,564 crashes caused by speeding in 2020, as reported by the MDOT. Speeding also caused more than 3,000 people to get injuries. The speed limits exist for a good reason. When one person exceeds them, their probability of getting into a serious accident increases.  Because of this, always drive below the speed limit to avoid a collision. Also, when there is bad weather or bad road conditions, drive even slower.

Continue Reading ››

 Posted on November 29, 2021 in Truck Accidents

The National Transportation Safety Board (NTSB) reports that 1,700 people are killed each year due to rear-end collisions. Maryland has some of the busiest roadways in the nation and a significant number of rear-end accidents resulting in personal injury and death. Most laws favor the front car driver, with few exceptions.

WHEN IS REAR-ENDING SOMEONE NOT YOUR FAULT?

When someone is rear-ended, there is likely to be a personal injury. The injury can be a minor whiplash or a severe trauma such as loss of limb or life. In any case, the medical costs to care for the injured party(s) can be expensive. Since the “Assured Clear Distance Ahead” Rule is the law nationwide with some variations, it is thought to be the fault of the rear-ender in most rear-end accidents.

An example is being rear-ended so forcefully that no braking action could prevent you from rear-ending the vehicle in front of you. That is a challenging argument to prove but, dash cams are adding more credibility to the contention. The ACDA rule says that every driver is responsible for maintaining a safe distance from the driver in front of them. The front driver could stop suddenly for no apparent reason to the driver behind them, but the ACDA rule would likely find the rear driver at fault.

Continue Reading ››

 Posted on November 10, 2021 in Truck Accidents

If you have considered filing a wrongful death lawsuit in Maryland on behalf of a loved one who passed away due to another person’s negligence, you have a limited amount of time in which to do so. The time frame for filing is called the statute of limitations, and if you attempt to file beyond the expiration date, your lawsuit will probably be thrown out of court.

WHAT IS A STATUTE OF LIMITATIONS?

A statute of limitations is essentially the length of time in which you can legally file a lawsuit after a harmful act. For wrongful death, the statute of limitations is three years from the date on which the death occurred. Generally, the state of Maryland has a three-year statute of limitations for most civil lawsuits. However, there are different rules for certain non-fatal negligence claims. One such case applies to medical malpractice. The statute of limitations in Maryland in this regard is the earlier to occur of five years after the date of the incident that led to the harm or three years after the victim discovered, or reasonably should have discovered, the injury.

Continue Reading ››

 Posted on October 19, 2021 in Truck Accidents

For attorney Morgan Whitlock, personal injury isn’t just a job. It’s a passion.

The founding lawyer of Whitlock Law, LLC, in Silver Spring, Maryland, has gained national attention for her dedication to making a difference. She was recently featured in a Forbes article showcasing her determination and persistence in the personal injury field.

The article highlights how attorney Whitlock consistently goes above and beyond to address the needs of her clients. For example, she routinely goes to bat to get clients the full medical care and coverage they need, even helping them find competent medical providers in specialty fields. She sees herself as not just their legal adviser but their advocate as well — an ally with them in their fight for justice.

HOLDING INSURANCE COMPANIES ACCOUNTABLE

A consistent theme in attorney Whitlock’s practice is addressing the failure of insurance companies to treat policyholders fairly. Insurers often don’t come through for injury victims at the very times they’re needed the most. Without a strong attorney to intervene on their behalf, clients are left to struggle with delays, underpayments and even wrongful denials. Those are difficult blows to endure during what is often already one of the worst periods in a client’s life after a serious accident, injury or loss.

Continue Reading ››

 Posted on October 19, 2021 in Truck Accidents

Motorcyclists in Maryland are at a higher risk of getting severe injuries on the road. This is because, unlike cars, motorcycles don’t have reinforced steel surrounding the rider or seat belts to protect them during a collision. All you have is minimal protective gear, so it’s important to improve your riding skills. Here is how you can improve your safety on the road through visibility.

KNOW THE BASICS

To legally drive a motorcycle in Maryland, you must obtain a motorcycle license separate from a standard driver’s license. Completing the Maryland Basic Rider Course, or BRC will help you not only achieve this goal, but provide you with motorcycle basic safety how-to’s.

DRIVE SOBER

Alcohol is a contributing factor in 40% of fatal motorcycle accidents. A .08 blood alcohol level is the “legal limit” for driving while impaired, even the smallest amount of alcohol can impair your ability to drive, slowing reaction times and impairing judgment. Making the choice to drive sober is not only the safe choice, it is the law.

Continue Reading ››

 Posted on October 05, 2021 in Truck Accidents

A wrongful death settlement is a good start to compensate a person for the untimely, unnecessary death of a loved one. If death could’ve been avoided, it’s important to seek justice for the survivors of the deceased. First, there are certain facts about seeking a wrongful death settlement in Maryland that must be known.

NO TAXES

This type of settlement is not taxable and can be used to compensate for medical bills, lost wages, emotional distress, and other expenses related to another person’s death. However, certain medical expenses and punitive damages need to be taxed and reported on a tax return.

ELIGIBILITY VARIES

Maryland laws indicate the type of individuals who can sue for wrongful death. A spouse or estate executor can file for wrongful death benefits but not a distant relative or friend of the deceased. In most states, immediate family members, including parents, spouses, children, and domestic partners are eligible to file. In some states, siblings and grandfathers can file along with business partners who suffered financial losses due to wrongful death.

Continue Reading ››

 Posted on September 24, 2021 in Truck Accidents

Good tire maintenance is necessary for a safe ride. Tires not only support the weight of the car, but they also provide traction, braking force and shock absorption. When tires are old or underinflated, the driver can lose control of the vehicle and get into a severe accident. Because of this, you must constantly check the pressure, thread and balancing of your tires.

TIRE-RELATED ACCIDENTS AND COSTS

According to the National Highway Traffic Safety Administration (NHTSA), more than 600 people died in 2019 in tire-related car crashes. Driving with worn or underinflated tires increases the chances of a driver getting into a car crash. Besides, a lack of tire maintenance can make the tires last less and reduce the vehicle’s fuel economy, which would cause you to spend more on fuel or new tires.

3 THINGS TO CHECK BEFORE DRIVING

Lack of tire maintenance can lead to a flat tire, blowout or tread coming off a tire. All of those situations can result in a severe accident, which is why you must ensure your tires are in good condition before each use. You can give maintenance to your tires by checking:

Continue Reading ››