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Recent Blog Posts
Why wrongful death lawsuits can produce different financial awards | Whitlock Law, LLC
Not all Maryland wrongful death lawsuits are equal when damages are assessed. There are specific rules with respect to what damages may be claimed, and the age or family structure of a victim has a direct impact on those elements. A wrongful death victim in the prime of their life will typically yield a much higher financial award if they had high earning capacity and leave behind a family they were supporting. However, when children or the elderly die due to the negligence of another party, damages may be limited.
CLAIM ELEMENTS FOR MINORS
Wrongful death claims involving children are among those that yield smaller damage awards even if a case goes to trial. Children are not evaluated on lost income potential because standing is typically assigned to their parents and they is no true financial support loss. There is usually a primary claim for loss of consortium along with medical bills, and there are often claims for funeral expenses and other associated costs included in damage demands.
Car accidents and intent | Whitlock Law, LLC
A lot of the time in criminal law, the prosecutor must prove to the judge or jury that the defendant not only committed the crime but did so intentionally. Intent is a big issue in this area of the law. It can impact what prosecutors can charge the defendant with and even if they can pursue charges at all.
Personal injury law is different. As the plaintiff in a lawsuit over a car accident, you do not have the burden of proving that the defendant injured you on purpose. Instead, negligence is the standard. Negligence is a legal concept that means someone acted below the level of care that someone with ordinary prudence would have exercised under the same or similar circumstances.
RISKY CHOICES CAN LEAD TO BAD OUTCOMES
For example, a prudent person would not drive after drinking several glasses of wine or beer. A person who drinks and drives and causes a crash is generally considered to have acted negligently because intoxication reduces your ability to drive safely. Other common examples of negligent behavior that causes serious injury in auto accidents are:
Car vs motorcycle accident statistics every driver should understand | Whitlock Law, LLC
While it might be a smaller state, there are a lot of places to explore in Maryland. Two of the most popular transportation methods in this state are cars and motorcycles. Considering that, it’s always smart to research the safety of these two vehicle types. Here’s a closer look at a few potentially eye-raising statistics about car and motorcycle accidents.
FATALITIES
Unfortunately, it’s not uncommon for car or motorcycle accidents to result in fatalities. With that said, in the event of a collision, the fatality risk is higher for motorcyclists. According to J.D. Power, motorcycle accidents cause injuries or deaths 80% of the time. Of course, fatalities are always possible in automobiles. However, the protection of an automobile sometimes lets drivers and passengers walk away unscathed.
LEADING ACCIDENT CAUSES
When looking over collision statistics, it’s also important to understand why these accidents happen. However, there’s not much of a difference between what causes motorcycle accidents and car crashes. In most cases, either type of accident typically results from either human error or faulty vehicle parts.
Common causes of trucking accidents | Whitlock Law, LLC
In Maryland, trucking accidents pose a significant risk to all drivers on the road. Trucks are large, powerful, and hard to control in poor conditions. Truck drivers have a responsibility to take key steps to minimize the risk of an accident.
COLLISION AVOIDANCE TIPS
Two causes of accidents are by far the most common and easiest to avoid: distracted driving and speeding. Distracted driving is driving while texting, reading, or being otherwise engaged with something other than the road, usually a phone. It is dangerous for all drivers, but especially truckers, who have less margin for error and a higher risk of a major accident.
Speeding is self-explanatory. Understanding the right speed to maintain in the current traffic combined with the load and the truck’s capabilities can take time, but it is a critical element of road safety. Keep in mind that even going the speed limit may be too fast for trucks that are driving in times where there is low visibility.
How to file a wrongful death lawsuit in Maryland | Whitlock Law, LLC
Wrongful death is not something many Maryland residents think of, but it happens. It’s important to know how to file a lawsuit when in this situation.
WHAT IS WRONGFUL DEATH?
A wrongful death is the death of a person that is caused by negligence or even a deliberate act of recklessness or violence. It’s any type of death that would have allowed the victim to file a personal injury claim had they lived. Many things can lead to a wrongful death, including car accidents, medical malpractice and violent crimes.
WHO CAN FILE A WRONGFUL DEATH LAWSUIT IN MARYLAND?
All states have rules pertaining to who can file a wrongful death lawsuit. In Maryland, the deceased person’s surviving spouse, children or parents can file. However, if the victim was not married, had no children and their parents were deceased, any relative by blood or marriage is entitled to file the wrongful death claim as long as they were financially dependent on them.
Precautions to take as a pedestrian | Whitlock Law, LLC
Stepping outside your home can come with many dangers. Walking can seem like a safer option when it is time to get from here to there.
However, being a pedestrian can still be dangerous. While you are not traveling very fast when you walk, you are more exposed to injuries.
These are some ways to ensure your safety when you are out for a walk.
BE VISIBLE
Typically, motorists are looking for other motorists. Although a driver does not intend to hit you, they are likely more concerned with the aftermath of hitting another vehicle than a pedestrian.
When you are planning to walk somewhere, you should opt for brightly colored clothing or a vest with reflective strips. You can also make yourself more visible by crossing in marked areas. When it is time to cross the street, look for a crosswalk to increase the chances that cars will be able to see that you want to go to the other side of the road.
You may also find that you are safer on sidewalks and paths rather than walking on the street. If you need to walk along the road, try to stay on the shoulder and walk against traffic.
The deadly times for motorcycle crashes | Whitlock Law, LLC
Getting into an accident while riding a motorcycle can be a terrible experience. A motorcyclist’s injuries could be severe since the bike offers virtually no protection in a collision. Motorcycle enthusiasts who spend significant time on Maryland roads may need to brush up on improving safety. Discovering facts about when motorcycle collisions typically occur could help the cause.
THE DEADLY SUMMER MONTHS
The National Highway Traffic Safety Administration compiles tremendous data about motor vehicle accidents. The statistics about when motorcycle accidents most commonly occur may be somewhat surprising. Summer is when a substantial number of motorcycle crashes occur, which is not necessarily unexpected. A closer examination reveals that summertime crashes happen mainly during good weather and daytime, however.
The top causes of truck accidents in Maryland | Whitlock Law, LLC
Trucking accidents in Maryland can be devastating. Not only do they often result in serious injuries or fatalities, but they can also cause extensive damage to property. There are many factors that can lead to a trucking accident, and it’s important for you to understand them so that you can take steps to avoid them.
DISTRACTED DRIVING
Distracted driving refers to any activity that diverts a driver’s attention away from the road. This can include activities such as eating, drinking, talking on the phone, text messaging, and even daydreaming. Distracted driving causes truck accidents because it reduces a driver’s ability to pay attention to the road and react in a timely manner to potential hazards.
FATIGUE
Fatigue makes truck drivers more likely to fall asleep at the wheel. It can be caused by many factors, including lack of sleep, long hours of driving, and monotonous highway driving. Truck drivers who are fatigued are more likely to make mistakes that can lead to an accident, such as misjudging a turn or failing to brake in time.
Wrongful death suit filed against nursing home | Whitlock Law, LLC
When you have a loved one in a Maryland nursing home, you expect them to be safe. Sadly, that isn’t always the case. A family recently filed a wrongful death lawsuit against a facility in another state.
WHAT HAPPENED THAT LED TO THE LAWSUIT?
An 80-year-old woman was raped and murdered in a nursing home that was said to have poor conditions. A wrongful death lawsuit was filed with the Superior Court after the grandmother was discovered smothered to death in February 2022. Another nursing home resident was charged with the woman’s rape and murder.
Nursing home residents are among the most vulnerable. When family members leave a loved one in a facility, they expect them to be well cared for and safe. While some situations can occur that result in personal injury, no one should ever be assaulted and killed.
Signs to address if you suspect a pelvic injury | Whitlock Law, LLC
If you’re involved in a car accident in Maryland, a pelvic injury is common and should be addressed. There are a few symptoms that arise with this injury right away as well as some that don’t present themselves until a few days after the accident, which is why it’s important to pay close attention to how you feel and any changes that you see.
PAIN
One of the most common symptoms of a pelvic injury after a motor vehicle accident is pain. This could range from minor tenderness in the pelvic region to severe pain that is unbearable. You could experience more pain once you begin moving around or when you’re in certain positions. Pain could be felt in other areas of the abdomen as well.
WALKING
A sign of a pelvic injury after a car crash is the inability to walk or difficulty walking. You might not be able to stand for long periods of time or could need to rely on someone else to help you with moving around.