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Recent Blog Posts
How can I tell if I’m at fault in an accident? | Whitlock Law, LLC
Car accidents are stressful for every motorist involved, especially if you’re the driver deemed at fault. Both Maryland and Virginia follow at-fault auto insurance laws. Because of these laws, you may fear your policy will pay for all damages incurred by other parties. While this may be the case, it’s crucial to understand the factors that go into assigning fault in collisions.
How fault is determined
In some accidents, one motorist is clearly at fault. You may have been involved in a crash where you broke traffic laws or received a traffic citation. In these cases, you will likely shoulder complete responsibility. And you will likely receive blame if witnesses corroborate that you caused the accident.
Common reasons you could face fault for a collision are:
- You were driving under the influence or driving while intoxicated
- You were making a left-hand turn
Pursuing a wrongful death claim after a car accident | Whitlock Law, LLC
It is a sad reality that in America each year thousands of people die in car accidents. These deadly incidents are not just tragedies for those who lose their lives, but also for the family members they leave behind. The grieving over a sudden and unexpected loss such as the death of loved one in a car accident can be a difficult process to go through for anyone. But, for those who are also left in a financial bind due to the loss of income that the deceased person brought to the household, the difficulty can be multiplied exponentially.
Any of our readers who have lost a loved one in a car accident that was caused by another party may be able to take legal action. A wrongful death lawsuit could help surviving family members recover financial compensation that can help them when they need it most.
There are some basic elements in any given wrongful death case that must be proven in order to achieve a successful outcome in the case. First, and most obvious, there must be a death. Second, it must be proven that the death in question was caused due to the negligent or reckless actions or omissions of another party. In car accident cases, the most common forms of negligence or recklessness tend to be lack of attentiveness, distraction or even intoxication.
Do not apologize after a car crash | Whitlock Law, LLC
When you drive, you interact with thousands of other motorists. Eventually, for whatever reason, you may collide with someone else’s vehicle. While you want to be polite, you should not apologize after a car accident.
If you sustain a serious injury in a motor vehicle accident, you may be eligible to receive significant financial compensation for your medical expenses, pain and suffering and lost wages. On the other hand, if you are responsible for the crash, you may receive little compensation or nothing at all. Put simply, when assigning blame, words matter.
Every driver’s duty of care
The drivers with whom you share the road owe you a duty of care. Specifically, they must drive reasonably.
This does not always happen, though. Rather, the driver who collides with you may have had too much to drink or have chosen to drive at an unsafe speed. Alternatively, he or she may have decided to ignore distracted driving prohibitions. Regardless, if a driver breaches his or her duty of care, you may have a valid personal injury claim.
Was your personal injury case brought to a halt due to COVID-19? | Whitlock Law, LLC
Maryland courts have shut down due to the COVID-19 emergency leaving many who were pursuing personal injury claims in dire straits. A person who is litigating a personal injury case is often in serious need of immediate financial compensation to cope with the many expenses that were thrust upon them due to someone else’s irresponsible and negligent acts. A court shutdown has caused their case, and often their health and livelihood, to suffer a damaging halt.
However, the Maryland judiciary has issued plans on how it will reopen courts in the state. Under the five-phase plan, jury trials will recommence in the beginning of October. Currently courts are in phase one of the plan. Phase two will commence on June 5th at 5:00 p.m.
However, courts still have a long way to go. In phase two of the reopening of the civil court system, the court will still be closed to the general public, except for instances that qualify as “urgent matters.” This means that many of those who are seeking the justice they deserve will still have to wait for their day in court.
What happens if my car accident claim will not settle? | Whitlock Law, LLC
Maryland state law requires drivers to carry car insurance. As a result, in most cases the first step is to attempt to settle with an insurance company. In other cases, you may decide to file a lawsuit against the other driver. Both options progress along a similar timeline.
PREPARING YOUR ACCIDENT CLAIM
The first step of filing an car accident claim generally involves gathering evidence to establish the other driver was responsible for the car accident. This can include photographs of the scene, medical records from resulting injuries, witness testimonies and police statements.
Once you have gathered all of the evidence, the next step is to write a demand letter. This letter states your claim and outlines exactly what you expect from the other party, including which damages, or expenses, you want the other party to cover. Damages can consist of financial expenses like medical bills, as well as non-financial expenses like pain and suffering.
What compensation am I entitled after a car accident? | Whitlock Law, LLC
Getting into a car accident is a frightening and often expensive event. The crash likely led to expenses to repair or replace the vehicle and may have led to serious injuries. This can result in medical bills and even missed work. What happens after an accident like this? Can you expect compensation? If so, for what?
Whether or not you get compensation depends on who was responsible for the accident. If the accident was the result of another’s negligent or reckless actions, you are likely eligible for compensation. Although the exact answer for the type of compensation will depend on the details of the accident, some examples include:
- Medical expenses. The accident may have been serious enough to warrant an ambulance. If so, you are likely entitled to have the person responsible for the accident cover this expense. Additional examples of medical expenses can include diagnostic tests, additional appointments, physical therapy, medical devices like a wheelchair or crutches and additional in-home services.
Four things to do after a car accident | Whitlock Law, LLC
Rear ended. T-bone. Head on collision. Whatever the type of accident, those who are involved in a car crash will likely experience shock and confusion immediately following the wreck. Getting out of this initial reaction and into a more productive mindset can be difficult. It can help to know these four straight forward steps to follow after an accident.
The exact steps can vary a bit depending on where the accident occurred. Although this piece is pretty widely applicable, there are some portions that focus specifically on how an accident should be handled in Maryland.
Step #1: Call authorities
If possible, move your vehicle so it is not blocking traffic. If the accident was serious, it is important to call authorities. If anyone is injured, call an ambulance.
Step #2: Exchange information
After an accident, all parties involved should exchange insurance information. Get the other driver or drivers names, contact information, license plate, driver license numbers and insurance information.
UBER Eats and UBER Freight operations see increase | Whitlock Law, LLC
Due to the sudden and unexpected transition to telework for most of the workers in the United States, UBER has reported some significant changes in its operation numbers. While the rideshare business declined steeply, there was a significant uptick in numbers for both UBER Eats and UBER Freight.
In these unprecedented times, restaurants across the country were shuttered to eat-in guests, but were allowed to offer meals for delivery or curbside pickup. UBER Eats is a food delivery service deemed as essential, which made their drivers eligible to pick up and deliver these meals to residences and other essential businesses. Therefore, the company saw a 53% increase in the service usage between the first quarters of 2019 and 2020.
Likewise, UBER Freight has also seen a significant increase in numbers due to the urgent needs of transport for essential items such as food and medical supplies. Within the first two quarters of the same years, the company reported a 57% increase in loads transported and delivered. The UBER Freight sector is operated as a virtual trucking carrier in which the company contracts its drivers who also have CDL licenses to haul loads.
The aftermath of an accident | Whitlock Law, LLC
The reports of motor vehicle crashes in Washington D.C. metro newspapers and TV news reports tend to be straightforward and brief. Readers rarely learn much more than the age, gender and hometown of those who were injured or killed.
A recent article in EHS Today takes a more personal approach. The author dives into the details and emotions of a fatal tractor-trailer crash that tore a family apart.
EYES CAN SEE PAIN
The story is told through the eyes of Ed Slattery, a father and husband who lost so much in the violent crash. A trucker driving on three hours of sleep dozed off behind the wheel of his big rig and slammed into the small car carrying Slattery’s wife and two sons.
While Slattery lost so very much that day, other losses were even greater: his wife lost her life and his 12-year-old son, Matthew, lost his ability to walk and much of his ability to speak.
Though his 16-year-old son, Peter, suffered serious injuries in the interstate wreck, he had a “quite miraculous” recovery from his injuries and has grown into a healthy young man.
Report shows truck drivers are worried about distractions | Whitlock Law, LLC
There are thousands of large trucks on the roadways in our country at any given time, performing the important task of transporting goods and supplies in commerce. However, as many of our readers in Maryland may know, these large trucks can present a significant danger to other drivers on the roadways. A collision involving a large truck can result in devastating consequences, including severe damage to property and catastrophic injuries for the people involved.
A recent report shows that truck drivers themselves are seemingly quite worried about one of the biggest issues on the roads today: distracted driving. In fact, the report details a survey in which a vast majority of truck drivers are concerned about the distraction they themselves face when behind the wheel.
Our readers may be surprised to find that it isn’t just the draw of the ever-present cellphone and other technology that can distract truck drivers. The survey detailed in the recent report showed that truck drivers are also concerned about distractions from eating and drinking behind the wheel, the use of GPS devices, adjusting the radio and even the various small tasks involved in operating the controls of large trucks.