Who Are the Drowsy Drivers on the Road?

While anyone on the road might occasionally be fatigued due to a sleepless night or overwork, certain motorists are more likely than others to drive when drowsy:

Insomniacs

Nearly half a million Americans suffer from sleep disorders that deprive them of sufficient rest at night and leave them tired by day. A significant number of those people take sleep aids that can leave them drowsy when they’re out driving in the daytime.

Drivers on Medication

In addition to nighttime sleep aids, other medications can make a driver drowsy:

• Antihistamines
• Muscle relaxers
• Pain pills
• Antidepressants

Commercial Drivers

Truckers and other drivers may spend entire days or nights behind the wheel. Despite Federal regulations limiting the number of consecutive hours they may drive without rest, many are under pressure to meet delivery deadlines and might receive financial incentives to stay on the road, regardless of how tired they might be.

Night Workers

People who work overnight or on swing shifts often have irregular sleep patterns that clash with their “body clocks” and leave them sleep-deprived. Any one of them could be driving home in a drowsy state in the morning, just as you’re beginning the workday. 

Young Drivers

Most Americans start driving in their late teens—a time when their bodies still require nine or more hours of sleep per night. Their busy lifestyles and 24-hour social media connectivity, however, often prevent young adults from getting sufficient rest overnight. As a result, drivers younger than 26 are four times as likely as those over 30 to be involved in drowsy driving crashes.

What Happens When You Drive Drowsy

Although it’s difficult to determine if someone causes an accident due to drowsy driving, there are definite behaviors that a drowsy driver will often exhibit, including:

• Slow reaction times and inability to make quick decisions
• Lack of attention to other cars and traffic signals
• Lack of attention to their speed or road conditions
• Lack of attention to oncoming traffic

Proving a Drowsy Driver’s Liability

If you’re injured in an accident caused by a drowsy driver, you may file a claim against that driver’s insurance company for damages such as medical expenses, property damage, lost income, and pain and suffering. If the insurer disputes your claim or fails to offer a reasonable settlement, you may file a personal injury lawsuit in civil court to seek fair compensation. To prevail, however, you must prove the drowsy driver was 100% liable for your wreck.

How Our Frederick Car Accident Attorney Can Help in Drowsy Driver Accidents

Since there are no field tests for drowsy driving, proving a drowsy driver liable in Maryland often requires the services of an experienced car accident lawyer in Frederick, MD, who can investigate your crash thoroughly to establish the drowsy driver’s fault for your accident. Your attorney can:

• Interview witnesses to determine whether the car drifted out of its lane or was speeding
• Check the time of the wreck against the driver’s employment records or time sheets to determine how long the driver was awake before the crash
• Obtain a commercial truck driver’s logbook and data from the vehicle’s “black box” recorder, both of which can shed light on the trucker’s activities prior to the wreck
• Check the accident scene for skid marks or the lack thereof, which would indicate no attempt to apply the brakes before the wreck and point to drowsy driving as a cause
• Work to establish complete liability on the part of the drowsy driver, which is necessary for you to prevail under Maryland’s strict contributory negligence rule

Have You Been Involved in a Crash? Schedule a Free Consult Today! 

Our experienced car accident attorney in Frederick, MD, can help you prove liability and seek fair compensation for your damages. Please contact us online, or call us at 301-790-3600 to schedule a free consultation. You pay no attorney fees unless we win your case.

A head-on collision could break your legs, or if you grip the steering wheel tightly to brace for impact, you could break bones in your hands, wrists, fingers, or arms. A smaller car struck by a much larger vehicle could be completely or partially crushed with occupants inside sustaining multiple broken bones. Head-on or rear-end wrecks can result in severe whiplash, which may crack vertebrae and put you at risk of a spinal cord injury or paralysis.

Types of Bone Fractures

Common car accident bone fractures are categorized according to their severity and specific characteristics:

• Compound or open. The broken bone pierces the skin and is externally visible.
• Closed. The broken bone does not pierce the skin.
• Displaced. The pieces of the broken bone are no longer aligned.
• Stable. This is a minor break that’s comparatively easy to repair.
• Avulsion. Part of a bone connected to a tendon or ligament tears away from the rest of the bone.
• Linear. The break is parallel to the length of the bone or “vertical.”
• Transverse. The bone is broken “horizontally” or perpendicular to the length of the bone.
• Comminuted. The bone is crushed into multiple pieces.
• Greenstick. One side of the bone is broken while the other is not.
• Impacted. The ends of the broken pieces of bone are pushed together in the wreck. 
• Oblique. The pattern of the break is angular.
• Fissure. The bone is cracked but not broken into two pieces.
• Stress. There are small cracks in the bone due to repeated motion or pressure.
• Buckle. This is a bending rather than a break of the bone, which is common in children because their bones are flexible.
• Hairline. This is a very small crack that might be revealed only by an X-ray.

If you’ve suffered a broken bone injury in a car accident caused by someone else, you’re entitled to file a claim with the at-fault driver’s insurer for damages such as medical expenses, property damage, lost income, and pain and suffering. The defendant’s insurance company might contact you shortly after the accident to offer a quick, low settlement that won’t even cover your medical bills. You should not accept any settlement before consulting a lawyer to find out what your claim is worth. In fact, it’s best for you to communicate as little as possible with the insurance company. Simply refer their calls and messages to your lawyer, who will know how to counter their tactics to deny or devalue your claim.

Protecting Your Claim

If you’re physically able to do so after your wreck, you should take the following steps to protect your insurance claim and help get fair compensation for your damages:

• Move to a safe area, and call 911 to report your accident.
• Take photos of the accident scene and all vehicles involved, focusing on license plate numbers and visible damage.
• Take pictures of your own physical injuries, or ask someone nearby to take them for you.
• Exchange contact and insurance information with the other driver(s), but don’t discuss the accident or argue.
• Ask witnesses for their contact info, and pass it on to your lawyer.

When police arrive, answer their questions with basic information. Do not admit any fault to anybody. If you’re not transported to a hospital, seek medical attention as soon as possible even if you don’t feel you’re seriously injured. Inform your insurer of the accident, but do not communicate with the at-fault driver’s insurance company. Instead, contact a car accident attorney, and let your lawyer do the talking for you.

Contact Us

After an accident that caused your broken bones, consulting an experienced car accident attorney is your first step toward justice. Please contact us online, start a chat, or call us at 301-790-3600 to schedule a free consultation. You pay no attorney fees unless we win your case.

The at-fault driver’s insurance company, which is a for-profit business, doesn’t want to pay expensive damage claims. The insurer’s adjusters and attorneys are experienced experts who will look for any way possible to deny your claim or offer you a quick, lowball settlement that might not cover all your hospital bills. To protect your claim and increase your chances of receiving fair compensation for damages, you should take certain steps immediately after your accident if you are physically able to do so.

What to Do After a Motorcycle Wreck

Taking the following steps after your bike crash will help to strengthen your claim for damages:

• Move to safety. If you’re able to move, you should immediately get to an area where you’re safe from further injury. If you cannot move, you should try to call 911, or ask someone else to call for help.
• Stay at the scene. Leaving the scene of an accident where people are injured or property is damaged is a crime. Call 911, and wait for law enforcement to arrive.
• Take photos. While waiting for police or EMTs, take photos of all vehicles involved in the accident, showing their license plates, damage, and respective positions. Get shots of the scene itself, as well as other evidence like skid marks and damaged guardrails, trees, or telephone poles. Note the position of any nearby security cameras that might have footage of your accident. Your attorney will know how to obtain this footage.
• Exchange information. Get insurance and contact information from the other driver, but do not discuss the accident or argue. Try to remain calm. If there are any witnesses to the crash, try to get their contact information as well. Their statements or testimony could be helpful to your claim.
• Report the accident. When the police arrive, report your accident by giving them the basic information they need. Do not elaborate or volunteer anything else. Sign only the documents they require. The official police report proves that your accident happened and provides vital evidence that may show the liability of the at-fault driver.
• Seek medical attention immediately. If you are not transported to the hospital by law enforcement or EMTs, seek medical treatment from your doctor or at an emergency room as soon as possible. Even if you don’t feel you’re seriously hurt, you could have injuries with symptoms that won’t surface for a few days or more. A physician’s examination and diagnostic tests right after your wreck can reveal hidden injuries that are asymptomatic. Early diagnosis and immediate treatment lead to a faster recovery, and a physician’s documentation provides evidence of your injuries, proving that you sustained them in the accident, not elsewhere.
• Notify your insurance company. If the at-fault driver turns out to be uninsured or underinsured, you might have to file a claim with your own insurer to get compensation for your damages, so your company should be informed of the wreck as soon as possible.
• Contact a motorcycle accident attorney. Most lawyers will give you a free initial consultation to evaluate your case, so you have nothing to lose and much to gain by getting some legal advice as you move forward with your claim.

You should not post anything about the crash on social media, get your bike repaired right away, speak to the at-fault driver’s insurance company before consulting a lawyer, or make any kind of cash deal with the other driver in return for not reporting the accident. Do not apologize or admit any fault for the accident or to anyone. Maryland’s contributory negligence standard can bar you from any recovery if you are found partially at fault for your crash. 

Have You Been Injured in a Motorcycle Accident?

Consulting an experienced motorcycle accident attorney is your first step toward justice and fair compensation for your damages. Contact us online, start a chat, or call us at 301-790-3600 to schedule a free consultation. You pay no attorney fees unless we win your case.

When alcohol is to blame for the crash you've been involved in, our experienced and proven Frederick car accident attorney can help you recover the compensation you and your family deserve.

Blood Alcohol Content Limits

In Maryland, a driver with a blood alcohol content (BAC) level over 0.08 percent can be charged with driving under the influence (DUI). A driver with a BAC level between 0.04 and 0.08 percent can be charged with driving while impaired (DWI). If you’re involved in a crash that police believe was caused by a drunk driver, that driver will probably be given a field sobriety test at the scene. A driver who is found to be legally intoxicated can be arrested and cited for a DUI or DWI, which are crimes. The result of the impaired driver’s sobriety test is strong evidence for a criminal conviction leading to fines and/or jail time.

That conviction, however, will not provide you with compensation for damages you suffer in the accident such as medical expenses, property damage, lost income, and pain and suffering. To collect for damages, you have to file a personal injury claim against the at-fault driver’s insurance company or file a lawsuit against the driver in civil court if you can’t get a fair settlement from the insurer. 

And with any Maryland drunk driving accident, it's hard to prove in court. Which is exactly why you need an experienced Frederick car accident attorney by your side.

Common Injuries Caused in a Drunk Driving Accident in Maryland

According to our Frederick car accident attorney, victims of DUI crashes often sustain a variety of serious injuries, including:

• Broken bones
• Whiplash
• Strains and sprains of muscles, joints, and ligaments
• Lacerations and scarring
• Traumatic brain injury (TBI)
• Spinal cord damage
• Paralysis
• Anxiety, depression, and PTSD

Even if you don’t feel you’re seriously hurt after your accident, you should see a doctor right away. Your symptoms might take days to present, but a medical exam and diagnostic tests can reveal injuries you don’t know you have, allowing you to begin treatment soon and increasing the likelihood of the quickest possible recovery. A doctor’s visit right after the accident also proves the injuries were caused by your crash. This proof is important evidence necessary for your insurance claim or lawsuit after a Maryland drunk driving accident.

Social Host Liability

Although Maryland does not have a dram shop statute holding bars and restaurants strictly liable for serving intoxicated patrons who later cause accidents, it does hold social hosts liable for providing alcohol to underage people who cause crashes after drinking. This means, there could be more than one defendant who shares responsibility for your damages if the at-fault impaired driver is under 21 at the time of your crash. According to our Frederick car accident attorney, holding all liable parties responsible increases your chance of receiving fair compensation if:

• The at-fault driver is uninsured or underinsured
• Your damages exceed the at-fault driver’s coverage limits
• The at-fault driver’s insurer does not have to cover your damages because the driver was intoxicated

Filing claims against or suing multiple defendants in a Maryland drunk driving accident is a complex business best handled by an experienced car accident attorney who will investigate your accident thoroughly to see if a social host was partially at fault for your accident.

Contributory Negligence

It’s also possible that you could be found partially at fault for your own accident. If, for example, you were driving over the speed limit or failed to signal a turn just before you were struck by a drunk driver, that driver’s insurer will do its best to show that you were partially responsible for the crash. Because Maryland follows a contributory negligence standard in personal injury cases, you can be denied compensation if you’re found even one percent at fault for your own accident. This is just one more reason you should consult an experienced lawyer to help you prove the drunk driver was entirely responsible the accident.

Have You Been Injured in a Drunk Driving Accident in Maryland? Our Proven Frederick Car Accident Attorney Can Help!

If you were injured in an accident, our experienced car accident lawyer can help you prove the at-fault driver was 100% responsible and seek fair compensation for your damages. Contact us online, start a chat, or call us to schedule a free consultation with our Frederick car accident attorney today. We take cases on a contingency-fee basis, so you pay no attorney fees unless we win your case.

Differences Between Car and Truck Accidents

The severity of truck accidents as opposed to car crashes is due to a number of differences between the two types of vehicle:

• A truck requires a longer stopping distance than a car.
• Ground clearance for a tractor-trailer is much higher than for a car, so underride-override accidents are common.
• Because a commercial truck can be up to 25 times as heavy as a passenger car, the impact of a high-speed collision between the two can have catastrophic results. In fatal truck-car crashes, the casualties are almost always occupants of the smaller vehicle.

In order to ensure safety for all motorists on roads where trucks travel, the U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA) set strict regulations that hold the trucking industry to a standard of care much higher than that required of the average driver. A trucker who violates DOT or FMCSA regulations and causes a Maryland truck accident is considered negligent and thus liable for your damages in the wreck.

Multiple Defendants in a Maryland Truck Accident Case

If you’re injured by the negligent driver of a private passenger car, your first step toward justice is filing a claim against that driver’s insurance company for your medical expenses, property damage, lost wages, and pain and suffering. Your Maryland accident attorney will demand a fair award from the insurer, negotiate to get an acceptable settlement, and possibly file a lawsuit and take the defendant to court, if necessary. In a crash between a car and a truck, however, it’s likely that more than one defendant shares responsibility for your damages:

• The trucker, whether an independent contractor or an employee, is usually liable for accidents caused by negligent operation due to distraction, drowsiness, lack of training, drug or alcohol impairment, speeding, or other traffic violations.
• The trucking company that employs the driver can be held responsible for damages caused by employee negligence.
• The owner of the truck may be liable if the truck belongs to a leasing or rental firm.
• The manufacturer of the truck might be at fault if the accident occurs due to faulty equipment (the steering or brake system, for example).
• A third-party mechanic or repair service that was negligent in maintaining the truck may be responsible.
• A manufacturer of replacement parts could be held accountable if a defective part was installed on the truck.
• Cargo loading workers could be liable if they neglected safety regulations when loading the truck, causing the cargo to shift and/or affecting the handling of the vehicle.

Under the right circumstances, shipping companies and trucking brokerage firms can be liable in a truck accident. This can be very important in gaining sufficient resources to adequately compensate people who have suffered a catastrophic injury. Although this area of law is very complicated, pursuing this type of claim makes sense if the evidence supports it.  

It’s critical to file a claim against or sue the parties who are responsible for your accident and prove they’re liable for your damages. If you don’t name all liable parties, you might not collect all the compensation you deserve. If you name the wrong defendant(s), your claim could be dismissed, and you might lose your chance to collect any compensation at all. An experienced truck accident attorney can mount an intensive investigation, often with the help of an accident reconstructionist, to identify the right defendants.

Once those defendants are identified, you might have to file claims against all their respective insurers for your damages. If they dispute your claim or offer low settlements, which they commonly do in truck crash cases, you might have to sue one or more of them and go to trial to seek a fair award. Doing so requires an extensive amount of complex legal work that the average person is usually unable to handle, especially when recovering from severe injuries. A truck accident attorney, however, does this kind of work every day and can take the burden off your shoulders while you recover. 

Interested in Starting a Maryland Tuck Accident Case? We Can Help!

If you were hurt in a crash with a semi or 18-wheeler, our experienced truck accident attorney can prove liability and handle claims against multiple defendants to get you a better settlement than you can negotiate on your own. Please contact us online, start a chat, or call us at 301.790.3600 to schedule a free consultation for a Maryland truck accident case. You pay no attorney fees unless we win your case.

Taking a Look at the Americans With Disabilities Act

The Americans With Disabilities Act (ADA) requires operators of public transit services to provide paratransit options for disabled people who are unable to use regular services. A paratransit option usually takes the form of a wheelchair lift that allows disabled riders to board or disembark from a bus or train. Those options must: 

• Be offered wherever regular rail/bus transit is available
• Be located three-quarters of a mile or less from regular transit routes
• Operate according to the same timetables that regular bus/rail services do

Maryland and the Washington, DC area provide many paratransit options such as MobilityLink, a service of the Maryland Transit Administration (MTA). MobilityLink transports disabled riders from their homes to their destinations and back again via:

• CityLink
• LocalLink
• Metro SubwayLink
• Light RailLink

Maryland Paratransit Accidents

Although paratransit systems are designed with the safety of the rider in mind, paratransit technology is not flawless, and accidents do occur for a number of reasons:

• Faulty lift/machinery design or installation
• Negligent operation by transit drivers/personnel
• Wheelchairs improperly secured on the lift
• Problems with roll-stop latches
• Slick or wet lift surfaces

Injuries Suffered by Paratransit Riders

When safety issues and/or negligence cause a paratransit accident, the rider may sustain any number of serous injuries, including:  ​

• Concussion/brain injury
• Spinal cord damage/paralysis
• Whiplash/neck injuries
• Broken/fractured bones
• Cuts/scars
• Amputations
• Death

If you’re injured in a paratransit accident, you’re entitled to file a claim against the operator’s insurance company for your damages, including:

• Medical bills
• Property damage
• Pain and suffering
• Lost income
• Emotional/psychological trauma

If the insurer refuses to offer you a reasonable settlement, you may file a lawsuit and take the defendant to trial. However, filing a claim or lawsuit in a paratransit case can be more difficult than filing other types of personal injury claims due to the unique obstacles faced by victims in these cases.

Obstacles We Commonly See in a Paratransit Injury Case in Maryland

There are a variety of obstacles and challenges that victims face in a paratransit injury case in Maryland. These include:

1. Pre-existing conditions. If you’re a disabled victim with medical issues that pre-date your paratransit accident, the defendant’s insurer is likely to dispute your claim and try to blame your injuries on your pre-existing condition, especially if you’re a senior citizen.
2. Multiple Defendants. Trains and buses are commercial vehicles. That means, the liability for your accident could be shared by more than one of a number of defendants: 

• The transit agency
• The driver/operator of the bus or train
• The company that manufactured the bus, train, or wheelchair lift
• A mechanic or repair service that serviced the bus/train
• A parts manufacturer that supplied a defective part that was installed during repair of the lift

Each of these defendants might have a different insurance company that will do its best to dispute or devalue your claim. Dealing with more than one defendant/insurer to get fair compensation can create complex and difficult challenges for the average person, especially one recovering from recent injuries.

An experienced personal injury lawyer can handle these challenges and utilize the following strategies to get you a significantly higher award than you’re likely to get on your own:

• Investigate your accident with the help of an accident reconstructionist
• Document your injuries and organize/present your medical evidence persuasively
• Interview any witnesses to the accident
• Determine which defendants are responsible for what percentages of your damages
• File multiple claims, negotiate with multiple insurers, and possibly file multiple lawsuits 

3. Contributory negligence. Maryland is one of only four states that follow a contributory negligence standard in personal injury cases. This means, if you’re found to be even one percent responsible for your own accident, you will collect no compensation at all. The insurer’s lawyers will be fighting their hardest to prove you were partially responsible. Having an attorney in your corner to prove you were not responsible could make the difference between collecting fair compensation and collecting nothing.
4. Statute of limitations. Your attorney will know how to spot and resist stalling tactics by the lawyers and be sure you observe the statute of limitations for filing a paratransit injury case in Maryland. In MD, the statute of limitations is three years.

Are You the Victim of a Paratransit Accident in Maryland? Our Personal Injury Lawyers Can Help!

An experienced personal injury lawyer can help you overcome obstacles unique to paratransit cases. Please contact us online, start a chat, or call us to schedule a free consultation. You pay no attorney fees unless we win your case.

• Medical bills
• Property damage
• Lost wages
• Pain and suffering

If your accident is just a two-car fender bender resulting in minor injuries and low medical expenses, the insurer is likely to pay your claim, and you might not need an attorney to help you negotiate for fair compensation or file a lawsuit. Being hit by a tractor-trailer or 18-wheeler, however, puts you in a much different position.

Causes of Commercial Truck Accidents in Maryland

Commercial truck drivers are under pressure to meet strict delivery deadlines. In some cases, the more miles they drive, the more money they make, so some might negligently operate outside the strict guidelines set by the Federal Motor Carrier Safety Administration (FMCSA) and the Maryland Department of Transportation (MDOT). Doing so can result in driving behavior that causes accidents:

• Speeding
• Ignoring road conditions
• Operating with defective equipment
• Distracted driving
• Insufficient training
• Failing to check blind spots
• Driving for too many hours
• Driving while fatigued or drowsy
• Using drugs or alcohol
• Tailgating
• Driving with improperly loaded cargo

According to our truck accident lawyer in Frederick, any type of negligence can lead to a truck crash causing injuries such as cuts, lacerations, and bruises, as well as severe injuries, including:

• Whiplash and neck injuries
• Fractured, broken, and crushed bones
• Traumatic brain injuries (TBI)
• Spinal cord damage/paralysis
• Burns, scarring, and disfigurement
• Internal organ damage
• Amputation
• Death

Many injuries can require long-term treatment, surgeries, physical therapy, rehabilitation, extensive recovery time, and total or partial disability care, sometimes for life. For these reasons, truck accident claims are among the most expensive for an insurer to pay.

The Insurance Company

While any highway accident can cause property damage and injury, a collision between an 18-wheeler (up to 80,000 pounds fully loaded) and a regular passenger car (about 4,000 pounds) often results in major damage to the smaller vehicle and catastrophic injuries or death for its occupants. This means, your accident claim is likely to be an expensive one for the trucker’s insurance company. However, according to our Frederick truck accident lawyer, because the insurance company is in business to make a profit, it tries to:

• Collect all it can in premiums
• Pay out as little as possible in accident claims

To save money for the company, insurance adjusters are likely to dispute your claim or contact you to offer a quick, low settlement before you even know the full extent of your damages. You should reject their offers and refer them to your truck accident attorney if you have one. If you don’t, they know you probably won’t sue them, so they’re not apt to negotiate seriously with you.

If you do have an attorney, the insurance company’s lawyers are much more likely to offer you a reasonable settlement rather than risk the expense of a trial. They know your experienced Frederick truck accident lawyer can and will help you seek fair compensation by:

• Investigating your accident and hiring an accident reconstructionist to prove liability
• Interviewing accident witnesses and calling in expert witnesses
• Organizing and presenting medical evidence
• Understanding state and federal laws regulating CDL holders
• Obtaining video footage of the wreck from nearby cameras
• Checking the trucker’s cell phone records for evidence of distracted driving
• Obtaining log books to check the hours and miles driven by the at-fault driver
• Gaining access to information from the truck’s “black box” data recorder
• Evaluating your claim to demand a fair award
• Negotiating with multiple defendants

Having an skilled truck accident lawyer in Frederick, MD, generally results in a significantly higher award than you could get on your own, so your legal representation should pay for itself and more.

More Than One Defendant Can Be Complex

In an accident with another passenger car, you generally have only to file a claim with one insurance company. In a commercial truck accident, however, there are several potential defendants who might share liability for your damages:

• Truck driver
• Truck owner/trucking company
• Truck leasing agency
• Parts manufacturer/mechanic/repair service
• Cargo loading personnel

Under the right circumstances, shipping companies and trucking brokerage firms can be liable in a truck accident. This can be very important in gaining sufficient resources to adequately compensate people who have suffered a catastrophic injury. Although this area of law is very complicated, pursuing this type of claim makes sense if the evidence supports it. 

Each defendant could have a different insurer, so you’re more likely to receive sufficient compensation from multiple sources to cover your damages. The process of filing claims against, negotiating with, and possibly suing multiple defendants and insurers, however, is a legally complex one that requires the services of an experienced Frederick truck accident attorney. 

Been Injured in Maryland? Contact Our Frederick Truck Accident Lawyer Today!

The truck accident attorney at The Poole Law Group in Frederick and Hagerstown, MD, have the experience and skill to help you seek fair compensation from multiple defendants. Please contact us online, start a chat, or call us at 301.790.3600 to schedule a free consultation with our experienced truck accident lawyer. You pay no attorney fees unless we win your case.

• Driving under the influence of alcohol/drugs
• Outstanding warrants
• Violation of parole
• Undocumented immigration
• Driving a stolen car
• Transporting stolen goods or illegal drugs
• No driver’s license
• No car insurance

Hit-and-Run Injuries

There are serious injuries that a victim of a hit and run can suffer, including: 

• Spinal cord damage/paralysis
• Broken/fractured bones
• Cuts/burns/scarring
• Internal bleeding/organ damage
• Concussion/traumatic brain injury

According to our Frederick car accident lawyer, the more severe your injuries, the higher your medical bills will be, and the more compensation you’ll need to pay them.

Getting Fair Compensation After a Hit and Run

Even if the hit-and-run driver who caused your accident is later apprehended, charged, and convicted, the criminal conviction will not compensate you for your damages. You’ll have to file a claim against the driver’s insurance company to receive compensation for your:

• Property damage
• Medical expenses
• Lost wages
• Pain and suffering

If the hit-and-run driver is not apprehended or has no insurance, the uninsured motorist (UM) coverage on your own auto insurance policy should provide coverage up to the limits you’ve chosen, so you can file a claim with your insurance company. Later, if the driver is apprehended, your insurance company could file a subrogation claim against any settlement you recover. It’s possible that your insurance company might try to dispute, deny, or devalue your claim to save money. In such a complex case, the services of an experienced Frederick car accident lawyer are recommended to help you get fair compensation.

Protecting Your Claim After a Hit-and-Run Crash

If you’re physically capable and can do so safely, you should take the following steps after being involved in a hit and run:

• Try to get a photo of the fleeing vehicle and its license plate. If you can’t, try to remember the make, model, and color of the car
• Stay at the scene and call 9-1-1
• Take photos of the crash scene and the damage to your own car
• Get contact info from any witnesses
• When police arrive, answer their questions honestly but do not:

• Volunteer extra information
• Admit any fault
• Sign any documents other than those the police require

• Don’t rush to repair your damaged vehicle
• Seek medical attention immediately whether you feel you’re injured or not
• Notify your insurance company
• Don’t discuss your wreck or injuries on social media
• Consult the best Frederick car accident lawyer you can find

The Role of Your Frederick Car Accident Lawyer

Getting fair compensation for a hit-and-run personal injury claim can be complicated and difficult, especially if you’re recuperating from injuries caused by the crash. While you recover, your Frederick car accident lawyer can help you in a number of ways, including:

• Conducting an independent investigation of the accident
• Calling in an accident reconstructionist to prove the liability of the hit-and-run driver
• Interviewing witnesses
• Obtaining video footage from security cameras near the scene of the wreck
• Consulting with your doctors about your current and future medical needs and expenses
• Assembling/organizing your medical evidence and presenting it convincingly
• Putting a dollar amount on your pain and suffering
• Making sure you meet all deadlines/procedural requirements
• Filing and responding to motions/completing necessary paperwork
• Observing the statute of limitations
• Communicating with your insurer/dealing with insurance adjusters
• Demanding a fair settlement and negotiating with your insurance company to get it
• Negotiating a subrogation claim by your insurer if you should later collect compensation from the at-fault driver
• Taking your case to trial and fighting for you in court if you’re not offered a fair award

Were You the Victim of a Hit and Run? Contact the Best Car Accident Lawyer in Frederick!

You stand to get a significantly better settlement with an experienced Frederick car accident lawyer than without one, so you have nothing to lose and much to gain by contacting us online, starting a chat, or calling us at 301.790.3600 to schedule a free consultation. You pay no attorney fees unless we win your case.

Before we dive in though, did you know that if you’re injured in a auto crash caused by another driver, Maryland law allows you to file a claim against the at-fault driver’s insurance company for damages:

• Medical bills
• Lost wages
• Property damage
• Pain and suffering

If the at-fault driver’s insurance company denies your claim or offers a low-ball settlement, you may file an injury claim to seek fair compensation, generally with the assistance of a skilled and experienced Frederick personal injury lawyer. You can increase your chances of a successful claim if you’re aware of five common myths and misconceptions about car accidents in Maryland 

5 Common Myths About Car Accidents in Maryland Debunked

1. My first priority is to move my vehicle to safety

Your first priority after a wreck is to get yourself and any passengers to safety. If you’re on a busy interstate where traffic is moving at high speeds or a street where the lighting is poor, it’s important to get out of your car and move to a safe place. It’s best not to sit in your car or truck while waiting for help, as you could be hit by another driver who doesn’t see your vehicle in time. If, however, your car is off to the shoulder or the accident occurred in a subdivision or side street and its location won’t cause an accident, don’t move it. The position and location of the cars in the crash are important for your accident report.

If you’re physically able, take these steps to protect your claim:

• Call 9-1-1 to report the accident.
• Take photos of the cars involved and the accident scene.
• Exchange information with the other driver(s) and answer police questions, but don’t discuss the wreck in detail or admit fault.
• Get contact information and written statements from witnesses to the crash.
• Seek medical attention immediately.
• Inform your insurance company of the wreck.
• Consult our experienced Frederick personal injury lawyer.

2. I can’t contact a personal injury lawyer until I have the police report

You don’t need a copy of your accident report to contact our Frederick personal injury lawyer. An attorney will know how to obtain your report, which is crucial to your claim for damages. It proves the accident happened when/where you say it did and may include evidence of liability from the officers’ examination of the scene.

3. I don’t need to see a doctor if I feel all right after the wreck

Some injuries are asymptomatic immediately after they’re sustained because the adrenaline from the experience of your accident can mask symptoms. A doctor’s exam and diagnostic tests can reveal injuries you can’t see or feel. Immediate diagnosis allows you to get treatment before the injury is aggravated, and seeing a doctor also provides documentation about the injuries you’ve suffered in the car crash. This documentation is vital to your claim, so you should see a doctor right away even if you don’t feel that you’re hurt. Even minor injuries can worsen over time and lead to long-term medical bills for which the negligent driver should be responsible.

4. I’m out of luck if I’m in an accident with a hit-and-run or uninsured driver

In either circumstance, you can file a claim with your own auto insurer for damages, which should be covered by your uninsured (UM) or underinsured (UIM) motorist coverage. If you later locate the hit-and-run driver and/or file a personal injury claim to collect compensation from the at-fault motorist, your insurance company could file a subrogation claim to recoup money it has paid you. In such a situation, however, your insurer could become your adversary and try to deny your claim or offer a low award. An experienced Frederick personal injury lawyer can help you work through the complexities of a claim against your own company.

5. I don’t need/can’t afford a personal injury lawyer

If you’ve had a minor fender bender, have seen a doctor, and have no injuries that require treatment, you might not need the services of an attorney to pursue your claim for damages to your vehicle. Most personal injury/car accident lawyers, however, will give you a free consultation to evaluate your case and discuss your options. If  our Frederick personal injury lawyer agrees to take your case, you’ll probably pay no attorney fees up front. You and your lawyer will agree on a percentage of your award to be paid after your case is won. Because you’re likely to get a significantly better settlement with an attorney than without one, your legal representation could pay for itself and more.

Were You Injured in a Maryland Car Accident? Our Frederick Personal Injury Lawyer Can Help!

An experienced Frederick personal injury lawyer can separate fact from fiction and fight to get you fair compensation after the crash. Please contact us online, start a chat, or call us to schedule a free consultation. You pay no attorney fees unless we win your case.

• Car/truck/motorcycle accidents
• Paratransit accidents
• Slip and falls
• Wrongful death

The at-fault party who causes your injury is liable for your damages. In most cases, you’ll use experienced Maryland personal injury attorneys to file a claim against that party’s insurance company for your:

• Medical expenses
• Property damage
• Lost wages/earning capacity
• Pain and suffering

Fair Compensation for Damages

Obtaining fair compensation, however, is not necessarily simple or easy. The insurance company stays profitable by paying out as little as possible in damage claims. The insurer is likely to dispute an expensive claim (with high medical expenses and a long recovery time) or make an unreasonably low settlement offer to the victim.

When this happens, you need the services of experienced personal injury attorneys to negotiate with the insurer or file a lawsuit to get the compensation you deserve. Your attorney can handle the burden of this process while you focus on recovery.

10 Common Mistakes to Avoid in Your Maryland Personal Injury Case

You can strengthen and protect your Maryland personal injury case at the outset by avoiding common mistakes victims often make after personal injuries:

• Not seeking medical attention immediately: If you’re not taken to the ER from the scene of your accident, see a doctor right away, even if you don’t have visible injuries, because:
  • A doctor’s exam can reveal injuries that might not present immediately after your accident
  • A doctor will have medical reports and diagnosis documents proving the injuries you’ve suffered happened because of the accident.

Be sure to keep all doctor’s appointments and follow all medical advice. Keep records/receipts from all treatments/prescriptions.

• Not gathering evidence at the scene: If you’re physically able to move around after the accident, document your injuries by taking photos. If you’re in a car wreck, try to get pictures of the vehicles involved and their license plates, as well as the scene and your own injuries. Exchange information with the other driver(s), and get contact info from any witnesses to the crash.
• Not making a police report: Reporting your accident/injury to the police is vital because:
  • The official police report of your accident proves that it happened when/where you say it did.
  • The police will investigate the scene and report details that can help serve as evidence to support your claim.
• Posting on social media: You shouldn’t post anything about your accident or injuries on any social media platform. The at-fault party’s insurer will look for anything you post and try to use it against you, if possible.
• Giving information to insurance adjusters: After you’re accident/injury, you’ll probably be contacted by an insurance adjuster who will:
  • Ask questions about your injury and current condition
  • Try to get a recorded statement from you
  • Try to obtain access to your medical records
  • Offer you a quick, low settlement and pressure you to accept it

The purpose of this call is not to help you in any way. Give only minimal, basic information, and refer the adjuster to your personal injury attorney.

• Ignoring the statute of limitations: The statute of limitations for an assault claim is one year in Maryland, and a personal injury claim is three years. This might seem like a long time, but the process of negotiation can be slow and tedious, so you should not wait to file your claim.
• Being dishonest: Tell only the truth to the police and your attorney about your injury. Avoid discussing it with anyone else.
• Repairing property damage too soon: If your vehicle or other property is damaged in your accident, the damage could be crucial evidence for your claim, so don’t be in a rush to get it fixed.
• Admitting fault: Don’t admit full or partial responsibility for your injury to anyone at any time. Since Maryland follows a contributory negligence standard in personal injury cases, being found even one percent at fault for your own injury can bar you from recovering any compensation.
• Not consulting personal injury attorneys: Most Maryland personal injury attorneys will offer you a free first consultation and charge you no attorney fees up front. You will pay a percentage of your award only after your case is won, so you have much to gain and little to lose by consulting an attorney.

Have You Suffered an Injury in an Accident? Contact Our Maryland Personal Injury Attorneys Now!

The experienced Maryland personal injury attorneys at The Poole Law Group can help you avoid mistakes and will fight to get you fair compensation. Please contact us online, start a chat, or call us to schedule your free consultation. You pay no attorney fees unless we win your case.

Zantac Proven Carcinogenic

According to the U.S. Food and Drug Administration (FDA), “… the impurity in some ranitidine products increases over time and when stored at higher than room temperatures may result in consumer exposure to unacceptable levels of this impurity.” Additionally, manufacturers of the drug were aware of studies showing that ranitidine could build up in its products and develop levels of N-nitrosodimethylamine (NDMA) 3,000 to 26,000 times higher than the amounts considered safe by the FDA. NDMA is a carcinogenic industrial by-product used in aviation fuel. It can cause the following cancers:

• Stomach
• Breast
• Liver
• Prostate
• Intestinal
• Colorectal
• Bladder
• Esophageal
• Pancreatic
• Non-Hodgkin’s Lymphoma
• Multiple Myeloma

Although manufacturers were aware that NDMA could build up in Zantac products over time, they failed to disclose this information to the public. In 2019, a class action suit was filed by Zantac users diagnosed with cancer against manufacturers Boehringer Ingelheim and Sanofi. More lawsuits followed, and Zantac was recalled in 2020 by the FDA and removed from store shelves.

Symptoms of Exposure to NDMA

Because ranitidine molecules are fundamentally unstable, when an individual takes a regular dose of Zantac, the ranitidine hydrochloride converts into NDMA. As your body absorbs the NDMA, the poison that’s created inflames your liver and can increase your risk of liver cancer. Additionally, NDMA is absorbed by the lungs and kidneys at a higher rate as well.

As a powerful hepatotoxin—a toxic chemical substance that can injure the liver—NDMA can have the following  effects:

• Short-term. Short-term exposure to NDMA can cause liver damage such as scarring and liver fibrosis.
• Long-term. Long-term exposure can increase tumors in the liver, lung, and kidney.

Overexposure to NDMA can cause a variety of symptoms including:

• nausea, vomiting
• abdominal cramps, diarrhea
• GI hemorrhage
• headaches
• fever
• jaundice
• dizziness
• enlarged liver
• reduced organ function particularly of the liver, lungs, and kidneys

Additional negative effects have been linked with Zantac, including liver failure, arrhythmia or tachycardia (irregular or rapid heartbeat), disorders of the nervous system, hepatitis, vitamin B-12 deficiency, elevated risk of pneumonia, low blood platelet levels, hair loss, and skin rashes.

Generic Ranitidine Products and Preemption

Users of Zantac, generic ranitidine products, and a combination of brand-name Zantac and generic versions have filed approximately 1,700 lawsuits to date against drug manufacturers. These multi-district litigation (MDL) cases have been consolidated for discovery in the U.S. District Court for the Southern District of Florida, where Judge Robin L. Rosenberg, in July 2021, rejected suits against generic ranitidine manufacturers, citing the argument of preemption. Preemption occurs when one law overrides or cancels out another. The preemption can be:

• Express: A law contains preemptive language.
• Implied: A court finds one law preemptive of another even though there is no express preemption.

The Zantac decision is one of implied preemption. Federal law has nearly unlimited authority to preempt state law in America. State laws usually require drug manufacturers to re-name, re-label, or re-design dangerous or defective drugs to warn users of the known dangers associated with the products. Federal laws, however, do not permit drug manufacturers to do so. FDA regulations mandate that a generic drug have the same warning label that the brand-name product has.

For this reason, the South Florida district court ruled that makers of generic ranitidine did not have to stop selling their products or warn users of potential dangers as state law required because doing so would be in violation of Federal law. Lawsuits based on the generic ranitidine manufacturers’ alleged negligent failure to warn their users were thus thrown out. The result is that manufacturers and marketers of the generic drug avoided liability for providing a cancer-causing medication to the public.

Innovator Liability

Innovator liability is an argument to hold a brand-name drug manufacturer liable for injuries allegedly caused by the generic drug. The logic behind this argument is that the generic version would never have existed but for the development and manufacture of the original medication.

Innovator liability arguments were raised in various states by plaintiffs in the Zantac litigation but were also rejected at the Federal level by Judge Rosenberg, who maintained innovator liability in this case was a valid argument only in California and Massachusetts.

Lawsuits Against Brand-Name Zantac Unaffected

Although suits against makers of generic ranitidine were thrown out, suits filed by users of brand-name Zantac and by users who took both Zantac and generic ranitidine are unaffected. Plaintiffs with actions for medical expenses, pain and suffering, lost wages/earning potential, and/or wrongful death may go forward with their claims against Zantac’s:

• Manufacturers
• Retailers
• Wholesalers
• Pharmacies
• Re-packagers

Judge Rosenberg is expected to set early trial dates in 2022 for a sampling of Zantac cases involving the most common types of cancer suffered by plaintiffs. The results of these early trials will not necessarily set binding precedents for other cases, but the decisions reached and the settlements awarded could serve as benchmarks that would stimulate negotiations for out-of-court settlements in other Zantac cases. Such settlements could prevent large numbers of individual Zantac trials from dragging on for years to come.

Were You Diagnosed With Cancer After Using Zantac?

If you’ve been diagnosed with one of the listed cancers after using any form of Zantac (capsules, tablets, syrup, or injections) for at least 30 days, consulting the experienced mass tort lawyers at The Poole Law Group is your first step towards justice and fair compensation for your damages. Please contact us online, or call our Hagerstown office to schedule a free consultation and get more information about Zantac litigation.

• Vehicle accidents
• Slip and falls
• Premises liability
• Paratransit accidents
• Medical malpractice
• Work-related injuries/illnesses

To collect compensation for damages, you must generally file a claim against the at-fault party’s insurance company (or your employer’s insurance company in a workers’ compensation case). Don’t assume, however, that the insurance company will take your word that its policy holder is responsible and pay up. Insurance companies try to protect their bottom line, and they remain profitable by denying as many claims as possible. 

Even if your claim is completely legitimate, the insurance company’s adjusters and attorneys are going to treat it as potentially fraudulent and do anything possible to avoid giving you fair compensation. They will use a variety of evidence-gathering tactics to dispute your claim.

Tactics Insurance Companies Use to Dispute Your Claim

ISO Search Report. Insurance companies have access to the Insurance Services Office (ISO), which can use your name, address, vehicle registration, and other data to find insurance claims you’ve filed in the past. If you’ve filed recent or multiple claims, the insurer might interpret your history as an indication of possible fraud and dispute your current claim.

Background Investigation. The insurance company can hire an investigator to look into:

• Your residence/location/occupation 
• Family members or others who live in your home
• Vehicles driven by those in the household
• Any permits/licenses you hold
• Your criminal record/past driving offenses
• Property that you own
• Businesses that you (and/or your spouse) own or operate

The insurance company also has access to databases with almost any information about you that exists and can interpret it to your detriment, even if your claim is legitimate.

Photo/Video Surveillance. An investigator may not trespass on your property or photograph you in a private building, but they may record all of your public activities, including what you do in your front yard/driveway if it’s visible from the street. The investigative report will note:

• Whether you’re moving normally or with difficulty (limping or using assistive devices, for example)
• Whether you drive, walk, or are being driven
• Your destination(s)
• How long you’re away from home
• Any socializing with others
• Your clothing/shoes/physical activities

The investigator’s visual evidence could be taken out of context to give the impression you’re not really as injured/disabled as you claim to be.

Internet Search. The insurance company can easily access online information about you and your activities, including:

• Your personal/business websites and blogs
• Your comments on the websites/blogs of others
• Photos of you involved in various activities even if they aren’t recent
• Articles, reviews, or blogs written about you at any time

Social Media Investigations. Because people today post many photos and details about their lives on social media platforms such as Facebook, Instagram, and Twitter, an insurance company can check your social media activity and easily find significant information about you:

• Your daily activities
• Family vacations/recent trips/leisure activities
• Status/relationship changes
• Hobbies
• Posts/comments

If a photo or comment can be taken out of context and used to dispute your claim, the insurance company will use it to do so.

Medical Records/Recorded Statement. An insurance adjuster might contact you after your accident/injury and ask for:

• Access to your medical records
• A recorded statement about your injury

Because adjusters are experts at using your own words against you and blaming your injury on pre-existing medical conditions, you should not grant either request without first speaking to a Frederick personal injury attorney.

Protect Yourself 

According to our Frederick personal injury attorney, your best means of protection against the tactics of the insurance company are:

• Be honest: Give accurate but minimal information to the insurance company and communicate openly with your Frederick personal injury attorney about everything. Any dishonest or inaccurate statement can easily be revealed and used against you later.
• Be private: Don’t discuss your case with anyone except your lawyer.
• Be smart with social media: Use privacy/security settings to prevent sharing your information, or simply stay off social media until your case is resolved.
• Be smart and follow your doctor’s orders: Complete all treatment/therapy recommended by your doctor, and keep receipts/documentation of your appointments.

Are You in Pain and Need an Experienced Frederick Personal Injury Attorney?

An experienced Frederick personal injury attorney at Poole Law Group can protect you against the tactics of a deceitful insurance company. Please contact us online, start a chat, or call us today to schedule your free consultation. You pay no attorney fees unless we win your case.

You Frederick truck accident lawyer will be able to help you obtain fair compensation for property damage, medical bills, lost wages, and pain and suffering. Below are five questions you should ask your potential attorney during your initial consultation.

1. How many truck accident cases have you handled in the past?

Significant experience is vital in a truck accident case because they are more complex than other vehicle accident cases. An experienced Frederick truck accident lawyer can work to get you fair compensation by:

• Calling in an independent investigator/accident reconstructionist to prove the negligent trucker’s liability
• Obtaining valuable data from the truck’s black box data recorder and GPS system
• Checking video footage from nearby security or red-light cameras
• Examining cell phone records to determine whether distracted driving was a factor in your wreck
• Gaining access to the trucker’s log books, which give details of:

• Miles traveled
• Hours of driving
• Stops made
• Cargo loaded/unloaded

2. How many truck accident cases have you tried in court?

The difference in size and weight between a tractor-trailer and the average passenger vehicle is so great, truck accidents often result in severe injury and costly medical bills. That means, a truck crash is expensive for an insurance company, which is likely to dispute or deny your claim or offer you a low settlement to save money. If negotiation does not get you a fair settlement offer, your Frederick truck accident lawyer has to be prepared to file a lawsuit and fight for you in court. The insurance company’s trial attorneys will be well trained and experienced. Yours had better be the same.

3. Are you knowledgeable about FMCSA regulations and how truck accident cases differ from car cases?

Both Federal Motor Carrier Safety Administration (FMCSA) regulations and Maryland state law apply to truck accident cases, so your attorney has to be completely familiar with both in order to represent you properly. There are also complex differences between car and truck insurance policies. A tractor and the trailer it’s pulling might be owned by different companies and actually have two different insurance policies, both of which your lawyer must understand to represent you properly.

Investigating the crash and preserving evidence are both more challenging in a truck accident case than in other wrecks because there could be more than one party liable for your damages, including:

• The trucker
• The trucking company
• The owner(s) of the tractor and trailer
• A leasing company
• The cargo-loading personnel
• A truck maintenance/repair service
• A parts manufacturer

Each defendant might have a different insurance company against which you have to file a claim. Disputes by the companies are common because the stakes are high, so your attorney must be skilled in negotiation with insurance company lawyers, perhaps many of them.

4. Does your Frederick truck accident lawyer belong to any specialty law groups that train in truck accident litigation?

Truck accident litigation organizations provide a variety of resources to help their attorney members hone their skills in truck crash cases, including:

• Conferences/courses
• Webinars/training videos
• Publications

D. Bruce Poole, Esq. is not only a member of several such organizations, he has also been honored and recognized by more than one of them for his accomplishments in truck accident litigation over the past three decades and more.

5. How often have you handled cases in the specific jurisdiction where my crash occurred?

A local Frederick truck accident lawyer will be familiar not only with local laws but also with the local legal system. A local lawyer who knows and has worked with area courts, judges, juries, doctors, and expert witnesses is the most likely to get you the best results in your truck accident claim. The Poole Law Group has been representing clients in Maryland since 1958, when the firm was founded by D. Bruce Poole’s father, former County and State’s Attorney David K. Poole, Jr.

Have You Been Hurt in a Truck Accident?

The Frederick truck accident attorneys at The Poole Law Group have the experience and skill to help you seek fair compensation for your damages. Please contact us online, start a chat, or call us to schedule a free consultation. You pay no attorney fees unless we win your case.

• You probably won’t get a settlement until you’ve recovered completely.
• If the negligent driver has only the minimum liability coverage of $30,000 required by law, your bills could exceed that amount.
• The insurance company might dispute your claim.

Your healthcare providers expect to be paid on time. If they aren’t, they could turn your accounts over to collection agencies, which means:

• Harassment by the agencies
• Possible wage garnishment
• Damage to your credit rating

Filing a Personal Injury Lawsuit for Your Car Accident Injuries in Maryland

If the at-fault driver’s coverage limits leave you with outstanding bills, you may file a personal injury suit against that driver for the balance of your medical expenses. Even if the driver has the assets to pay you, however, a suit can drag on for a long time, and healthcare providers expect to be paid promptly. If the driver doesn’t have the assets to pay you, a favorable judgment won’t guarantee you the money to pay your expenses. You can’t get what the at-fault party doesn’t have.

Other Responsible Parties

There are certain situations where responsibility for your accident could be shared by more than one party. For example:

• If you’re hit by a commercial vehicle, there may be multiple defendants.
• A vehicle/parts manufacturer may be liable if defective equipment caused the crash.
• A local/state government agency may be responsible if dangerous road conditions led to your wreck.
• A bar, restaurant, or social host who served the at-fault driver alcohol may be held liable if drunk driving was a factor in your accident.

In such cases, you can file a claim for compensation and/or file suits against any of the parties. It’s helpful to have legal representation if you’re trying to recover damages from multiple sources.

Your Insurance Company

The uninsured (UM) or underinsured (UIM) motorist protection on your insurance policy could cover a portion of your medical expenses. Your policy also includes add-on, no-fault personal injury protection (PIP) unless you’ve waived it. PIP covers medical bills and up to 85% of lost wages. You can file a PIP claim with your insurance carrier and provide the claim number to:

• Your doctor(s)
• The hospital
• Other healthcare providers

They will bill your insurance company directly, but your PIP probably has a coverage limit of only $2,500 unless you’ve opted to pay for a higher cap. Even if this is enough to cover your lost wages, it might not be sufficient to pay your medical expenses if your injuries are severe.

Your Health Insurance Carrier

Once you’ve used up your PIP coverage, you may submit outstanding medical bills to your health insurance carrier, but you’re likely to be charged a co-pay/deductible amount. Even if your bills are fully or partially paid by your PIP and/or health insurance, you’re still entitled to claim all your medical expenses (even those already paid) from the at-fault driver’s insurance company.

Once you receive that compensation, you’re not required to repay your insurance company for PIP coverage, but you are responsible for reimbursing your health insurance carrier, which will have a subrogation claim against your settlement for the amount it has paid to your healthcare providers. If you have no health insurance, your providers might agree to wait for payment until your claim against the at-fault driver is settled. However, you and your attorney could be required to sign an authorization and assignment (A&A) contract, which essentially gives your providers a lien against your settlement when you receive it.

Workers’ Compensation

If you’re injured by someone other than a co-worker while you’re driving a company vehicle or your own vehicle for work-related purposes, you should be able to file a workers’ comp claim with your employer’s insurance company for your medical bills and lost wages. This claim is separate from your personal injury claim.

Have You Been Hurt in an Accident in Maryland?

An experienced Maryland car accident attorney can help you find all sources of compensation for your medical bills. Please contact us online, start a chat, or call us to schedule a free consultation. You pay no attorney fees unless we win your case.

• Auto accidents
• Nursing home abuse
• Paratransit accidents

A victim of a personal injury is entitled to financial compensation for damages caused by the at-fault party. In most cases, however, the victim (or plaintiff if the case goes to court) does not take action directly against the person responsible for damages. Instead, a personal injury case is likely to start with a claim against the defendant’s insurance company. Most cases are settled out of court, but some do go to trial. The complexity inherent in this system makes the services of an experienced Frederick personal injury lawyer necessary for most victims of a serious injury.

5 Reasons to Hire a Frederick Personal Injury Lawyer

There are many reasons to hire a Frederick personal injury lawyer, including the following:

1.They Have Experience Dealing With Insurance Companies

The defendant’s insurance company will likely have a staff of adjusters and attorneys who specialize in disputing or denying claims and offering quick, low settlements to injured victims. They are seasoned experts adept at using specially designed tactics to get you to agree to as little money as possible. In doing so, they keep their company profitable. The average person who is recovering from injuries is no match for these people. Your Frederick personal injury lawyer, however, will:

• Understand and anticipate their tactics
• Counter their lowball settlement offer with a reasonable demand
• Negotiate with them to get you fair compensation
• Fight for you in court if your case goes to trial

2.They Have Access to Skilled Investigators

Your Frederick personal injury lawyer can call in expert investigators specializing in different types of personal injuries to gather solid evidence of the at-fault party’s negligence and liability. In some cases, an accident reconstruction specialist might be needed to submit an affidavit or testify on your behalf. A personal injury lawyer works every day with such specialists and other expert witnesses who can strengthen your claim. The insurance company knows this and will take you much more seriously if you have an attorney.

3.They Work on a Contingency-Fee Basis

Most PI attorneys take cases on a contingency-fee basis, and you pay no attorney fees unless or until you win your case. If you win, you will pay your Frederick personal injury lawyer an agreed-upon percentage of your award, along with other fees and costs you’ve agreed to in advance. If you don’t win your case, you pay no attorney fees. This means:

• Personal injury lawyers take only cases they believe they can win.
• They are highly motivated to get you the largest settlement/award possible to ensure they get paid a fair fee for their hard work.
• You pay no money up front.
• You’re likely to get a significantly higher award with an attorney than without one, so your legal representation should pay for itself and more.

Your Frederick personal injury lawyer will generally offer you a free first consultation to evaluate your case and let you know whether it’s worth pursuing, so you have nothing to lose and plenty to gain by consulting a personal injury lawyer.

4.They Will Reduce Your Stress

Especially when you’re injured, it’s difficult, if not impossible, to handle all that’s required to file and follow through on a personal injury claim. A personal injury lawyer will:  

• Fill out confusing legal paperwork
• Meet all deadlines and follow all required legal procedures involved in a personal injury insurance claim/lawsuit
• Go up against an insurance company’s adjusters and attorney
• Gather and organize medical evidence
• Work to get you as much compensation as you deserve

If you’re trying to recover from injuries and already worried about mounting medical bills and time off work, hiring a Frederick personal injury lawyer can shield you from added stress and pressure that you just don’t need at this difficult time in your life. 

5.They Have Experience Evaluating Claims

Your Frederick personal injury lawyer will assess the monetary value of your claim by:

• Consulting with your doctors to learn your prognosis
• Determining what your long-term care needs will cost
• Putting a dollar value on your pain and suffering
• Utilizing a complex formula to evaluate the value of your case

Are You the Victim of a Personal Injury in Maryland? Contact The Poole Law Group

Our experienced Frederick personal injury lawyer will fight to get you fair compensation while you get well. Please contact us online, start a chat, or call us to schedule your free consultation. You pay no attorney fees unless we win your case.

If criminals or civil defendants could be held responsible indefinitely for their wrongdoing, evidence relevant to their cases might be lost, and witnesses might die, disappear, or lose their memories of the incidents they saw. The result could be an unfair trial.

There are some crimes like murder or sexual offenses that, because of their seriousness, have no statute of limitations in some states. Civil matters that involve personal injury law or personal property damage, however, are always subject to a statute of limitations. That being said, the statute of limitations in Maryland is three years, meaning you have three years to settle an insurance claim or file a lawsuit for any personal injury, including:

• Car/truck/motorcycle/pedestrian accident
• Paratransit accident
• Medical malpractice
• Slip and fall
• Dog bite
• Product liability
• Defamation
• Wrongful death

When the Statute of Limitations in Maryland Begins

The three-year time limit set by the state of Maryland for personal injury claims/lawsuits generally begins the day your injury occurs. In some cases, however, an injury or illness might develop over time. For example, if the drinking water in your area is contaminated, it might take months for you to develop symptoms of illness from drinking that water. In such a case, the statute of limitations begins when you first discover or should reasonably have discovered your injury/illness.

If you miss the statute of limitations deadline by even one day, your claim or lawsuit is likely to be dismissed, preventing you from ever recovering compensation for your damages. While three years might seem like a long time, the wheels of justice often turn slowly. It’s best not to wait to contact an attorney who will be sure you adhere to all deadlines and other procedural requirements in your case.

Insurance Claims

Your first step in most personal injury cases is to file a claim for your damages against an insurance company (yours or someone else’s). Insurance companies often drag out settlement negotiations for as long as they can to delay or avoid paying claims. You must have a signed settlement agreement from the insurance company or file a suit before the three-year statute runs out.

If you’re in negotiations with an insurance company and the deadline is drawing near, your attorney will probably file a lawsuit, which will “toll” or pause the statute. Then you may continue negotiations, and the company is more likely to settle with you to avoid the expense of going to trial.

Exceptions and Extensions for the Statute of Limitations in Maryland

There are other circumstances that dictate the statute of limitations in Maryland. The clock stops running temporarily if:

• You’re a minor when your injury occurs.
• You’re mentally incompetent to pursue your claim.
• You’re in the process of filing bankruptcy.
• You’re incarcerated.
• You’re injured by a hit-and-run driver who can’t be located.
• The defendant in your case has disappeared and can’t be found.
• You can show that it took more than three years for you to discover your injury/illness.

In some medical malpractice cases, for example, it might take longer than three years for symptoms of your injury to surface. In this case, an experienced personal injury attorney can present your medical evidence and request an extension on the statute of limitations.

Claims Against Government Agencies or Employees

If your claim is against a government employee or agency, including a government-run school or hospital, your time limit could be different from the standard three years. Claims against the federal government, for example, have a two-year statute of limitations. Claims against Maryland state agencies are even more complicated:

• The Maryland Tort Claims Act (MTCA) requires you to file a claim with the state treasurer within one year after any personal injury caused by a state agency or employee.
• If the treasurer denies the claim or you receive no response after six months, you may then file a lawsuit within three years from the date of the injury.

When You Suffer a Personal Injury in Maryland

An experienced personal injury attorney can help you observe the statute of limitations in Maryland and meet all other deadlines and requirements. Please contact us online, start a chat, or call us to schedule your free consultation. We accept cases on a contingency-fee basis

• Category 1: Passengers whose physical, visual, or cognitive disabilities prevent them from getting on, riding, or getting off a bus/train without assistance may use paratransit for all trips.
• Category 2: Passengers to whom no accessible fixed-route transit is available, either permanently or temporarily, are entitled to paratransit options.
• Category 3: Passengers whose disabilities prevent them from getting to and from nearby bus stops or train stations may be eligible for paratransit help.

When and Where You Can Utilize Paratransit

The ADA requires that paratransit options be:

• Available in any community offering public transportation by bus/rail
• Located no more than three-quarters of a mile from regular bus/rail routes
• Available at the same times that regular bus/rail service is offered

Maryland and the Washington, DC area offer a variety of paratransit options such as MobilityLink, a service of the Maryland Transit Administration (MTA) to transport disabled riders. In Washington County, MD, “paratransit is available in most Hagerstown areas and those rural areas that are served by the Washington County Transit.” In Frederick County, TransIT offers multiple services for people with disabilities:

• Deviated Fixed-Route Services. These routes operate on a regular schedule and can “deviate within a ¾ mile corridor along the route by request.” You must call for a route deviation. 
• TransIT-plus. TransIT-plus is a “countywide, shared-ride, curb-to-curb paratransit service for senior citizens and persons with disabilities. People with valid medical assistance cards who do not live near a bus route may use TransIT-plus for Health Department approved medical trips only.” You must pre-register.
• ADA Paratransit. This component of the TransIT-plus service “is available within a 3/4 mile radius of all TransIT’s fixed and deviated-fixed connector and shuttle bus routes and is provided only to persons with disabilities that prevent them from using accessible fixed-route transit.”

Causes of a Paratransit Accident in Frederick

While paratransit is safe for disabled riders most of the time, wheelchair lift accidents do sometimes occur. The following can result in a paratransit accident in Frederick to a wheelchair user:

• Roll-stop latch defects
• Wet/slippery lift surfaces
• Faulty design or machinery
• Improper lift installation
• Negligent/improper operation by bus/train personnel
• Wheelchair improperly secured during lift

Paratransit Injuries

If a wheelchair falls off the lift and/or the rider falls out of the chair, serious injuries can occur, including:

• Fractured or broken bones
• Cuts, lacerations, and scarring
• Neck injuries
• Spinal cord injuries
• Paralysis/disability
• Concussions
• Traumatic brain injuries
• Amputations
• Death

Your Damages

If you’ve suffered a paratransit injury, you’re entitled by state law to file a claim against the insurance company of the at-fault party for the following damages:

• All medical bills. This includes emergency room fees, hospital/doctor visits, medications, MRIs and other testing fees, chiropractic fees, and dental fees. 
• Future medical care. Your lawyer can consult with your doctors and other experts to determine what your ongoing medical care will cost. 
• Wages lost due to your injuries. This could include your regular salary, as well as bonuses and vacation days to which you would have been entitled.
• Loss of future earning capacity. Your lawyer can calculate income you will lose in the future as a result of your accident.
• Physical pain and suffering. This is the physical pain that results from your injuries.
• Emotional/psychological distress. This can include depression, anxiety, fear, and post-traumatic stress disorder (PTSD).  
• Funeral expenses. You’re entitled to funeral expenses if you’ve lost a loved one in a paratransit accident.

Multiple Defendants in a Frederick Paratransit Accident

Because buses and trains are commercial vehicles, the negligence that caused your paratransit accident in Frederick could be shared by more than one liable party, including:

• The bus/train operator
• The operator’s employer
• The owner of the bus/train
• The bus/train manufacturer
• A parts manufacturer
• A repair service responsible for maintenance of the bus/train

Each of these potentially liable parties might have a different insurance company with its own adjusters and lawyers working to dispute or deny your claim. Dealing with multiple insurance companies is very difficult without the services of a skilled Frederick paratransit accident attorney, especially if you’re recovering from injuries sustained in the accident. Your lawyer can help you to receive fair compensation for your damages by:

• Investigating your accident thoroughly
• Interviewing witnesses who were present at the accident
• Calling in expert witnesses, if necessary
• Organizing and presenting documentation of your medical expenses
• Evaluating all evidence to determine who’s responsible for what percentage of your damages
• Filing claims against all liable parties
• Negotiating with one or more insurance companies to get you a fair settlement
• Fighting for you in court if your case should go to trial

Have You Been Injured in a Accident? Contact Our Frederick Paratransit Accident Attorneys Today!

Increase your chances for fair compensation by consulting an experienced Frederick paratransit accident attorney. Please contact us online, start a chat, or call us to schedule a free consultation. You pay no attorney fees unless we win your case.

Reasons for a Rear-End Collision in Maryland

The driver who hits another car from behind is generally at fault in a rear-end collision in Maryland. Common causes of such accidents include:

• Speeding: Driving too fast makes slowing down difficult when a car ahead stops suddenly.
• Tailgating: Driving too closely to the car ahead can lead to a crash when that car slows down or stops.
• Distracted driving: Talking or texting on a cell phone, conversing with a passenger, adjusting the radio, eating, or taking care of children in the car can prevent a driver from seeing a vehicle that has stopped or slowed down ahead.
• Weather: Wind, fog, rain, snow, or icy roads can make it hard for a driver to stop a car. All drivers are required to take road conditions into consideration and operate their vehicles safely.
• Changing Lanes: Looking left, right, or to the rear can take a driver’s attention away from a car slowing down or stopping ahead.
• Drugs or alcohol: Impairment due to the use of drugs or alcohol can lead to drowsiness or decreased rection time when a vehicle ahead stops.

If you’ve been in a rear-end collision due to any form of driver negligence, Maryland law allows you to file a claim within 3 years against the at-fault driver for your damages, including medical bills, lost wages, property damage, and pain and suffering.

Injuries Suffered in Rear-End Collisions

Rear-end collisions can cause a variety of serious injuries requiring medical treatment, surgery, and/or ongoing physical therapy. Some of these injuries might be permanent, preventing the victim from returning to work and requiring medical care for life:

• Neck injuries. The most common injury in a rear-end collision is whiplash, which stretches nerves and tendons in the neck, possibly damaging vertebrae. Headaches, restricted neck movement, and other problems can result.
• Head Injuries. A victim’s head might strike a window, headrest, airbag, or steering wheel, resulting in a concussion, vision changes, a traumatic brain injury, and/or loss of cognitive function.
• Broken bones. Hands or feet can be fractured when a driver or passenger braces for rear impact. Seat belts can also break pelvises or ribs in a rear-end collision.
• Back and spinal cord injuries. Extension or twisting of the spine can result in herniated discs. A powerful impact from the rear can also damage or sever the spinal cord, leading to total or partial paralysis, loss of ability to work, and the need for lifelong care. 
• Facial injuries. Broken glass or flying objects in the car can lead to eye injuries, facial cuts, and scarring.

Contributory Negligence

While the driver of the trailing car is usually at fault in a rear-end collision in Maryland, there can be exceptions if the leading vehicle:

• Has no functioning brake lights
• Reverses without warning
• Stops abruptly for no reason
• Makes an unexpected turn without signaling

In such cases, the driver of the leading vehicle might be found partially at fault for the accident. Because Maryland follows a contributory negligence standard, even one percent of fault will bar a driver from receiving any compensation for damages. The insurance company’s adjusters and lawyers will do everything possible to show you were partially at fault and deny your claim. That’s why it is vital for you to have an experienced car accident lawyer fighting to prove the driver who rear-ended you was 100% at fault.

When You’ve Been Injured in a Rear-End Collision, Contact an Experienced Maryland Car Accident Lawyer

Timely reporting, prompt medical attention, and the services of an experienced Maryland car accident lawyer can help you to get fair compensation for your damages. Please contact us online, start a chat, or call us to schedule a free consultation. We take cases on a contingency-fee basis, so you pay no attorney fees unless we win your case.

• Cognitive. Stress, physical discomfort, daydreaming, or use of drugs/alcohol can take a driver’s mental focus off the road.
• Visual. Text messages, billboards, animals, passengers, or anything that pulls a driver’s eyes from the highway create a visual distraction.  
• Manual. Reaching into the glove compartment, changing radio stations, eating, drinking, or picking up a phone can take a driver’s hands off the steering wheel.

FMCSA Regulations

Cognitive, visual, and manual distractions can cause semi-truck accidents, also. However, these crashes are usually more serious due to the size, weight (up to 40 tons when fully loaded), and speed of commercial trucks. For these reasons, the Federal Motor Carrier Safety Administration (FMCSA) forbids the following activities for commercial truckers while driving:

• Holding a mobile phone to make/answer a call
• Punching more than one button on a phone keypad to make/end a call
• Sending/reading text messages
• Using email
• Using the Internet

Negligent violation of these regulations can lead to thousands of dollars in fines for the driver and the trucking company, as well as a revoked license for the trucker. However, despite these regulations, distracted driving continues to cause serious truck accidents.

If you’re the victim in a crash caused by a distracted truck driver, neither fines, penalties, nor criminal charges against the trucker or employer will compensate you for your medical bills, property damage, lost wages, or pain and suffering. To get the settlement you deserve for your damages, you’ll have to file a claim against the driver’s/employer’s insurance company and perhaps file a lawsuit. Obtaining the services of an experienced attorney significantly increase your chances of receiving fair compensation.

Proving a Driver Was Distracted in Truck Accidents in Maryland

An experienced Maryland truck accident lawyer will know how to investigate your collision to find out if the driver who hit you was violating one or more of the distracted driving regulations. Your truck accident attorney can:

• Retain an accident reconstruction specialist to reconstruct your crash and make a report on any indications of driver distraction
• Interview witnesses who might have seen signs of distraction
• Gain access to security camera video footage of the truck accident in Maryland
• Check cell phone records that might prove the trucker was talking or texting at the time of the collision
• Access the truck’s electronic data recorder or “black box,” which could show whether the driver was paying complete attention to the road just before the crash

Because the black box will be in the possession of the trucking company and the data likely erased within 30 days, your attorney will send the company a spoliation letter requesting that the black box data and all other evidence relevant to your case be preserved. If any of that evidence shows the trucker was violating the FMCSA regulations, the violation will be considered negligence and help prove the trucker and possibly the employer were responsible for your damages.

Severe Injuries Lead to Larger Settlements

When an 80,000-pound 18-wheeler collides with a 3,500-pound car, the driver and/or passengers in the car can suffer catastrophic injuries. The injuries can include:

• Whiplash and other neck injuries
• Spinal cord injuries/paralysis
• Broken, crushed, or fractured bones
• Concussions/traumatic brain injuries
• Organ damage/internal bleeding
• Burns
• Lacerations/scarring
• Permanent disability requiring lifelong care
• Amputations
• Death

Because settlements for such injuries suffered in truck accidents in Maryland are very expensive for the insurance company, its adjusters and lawyers will try to dispute or devalue your claim and offer you a low award. An experienced Maryland truck accident attorney can:

• Negotiate with the insurance company to get you a fair settlement
• Put a dollar amount on your pain and suffering and evaluate your damages to determine a reasonable award
• Take your case to trial, if necessary

Have You Been Injured in a Maryland Truck Accident?

Increase your chances of fair compensation by consulting an experienced Maryland truck accident attorney. Please contact us online, start a chat, or call us to schedule a free consultation. You pay no attorney fees unless we win your case.

4 Tips to Get Written and Recorded Statements After a Hagerstown Auto Accident

a) If the police or State Troopers are present, cooperate with them and give them a statement that is specific as to how the accident occurred and what the other driver or drivers did to cause the accident; 

b) If witnesses are present, get their names, addresses, phone numbers, email addresses, etc., and, ideally, ask them if you can record a brief statement on your phone as to what they saw as to how the crash happened, what each person or car was doing, how bad the impact was, and what any of the people involved in the crash had to say right after the accident.  While you are at it, take photos of every vehicle involved in the crash to show the damage that was done.  Be sure to take photos of the scene and particularly any road debris or tire marks, road signs, etc.  This step will be very helpful for your Hagerstown car accident lawyer as he attempts to help you recover compensation for damages.

c) If you talk to the other driver, be polite, but be sure to exchange information so you can get that person's identity and contact information to include the registration number for the car, its make and model, and the license plate number.  Written and recorded statements of anything the driver says about how he or she thinks the crash occurred. Make sure you find out which company or companies insure the other person's car.  If that person has an insurance agent, write down the agent's name and telephone number, too.

d) If your accident was caused by a truck, it is important you understand the differences in the handling of truck crashes versus auto crashes and that you hire an experienced Hagerstown truck accident attorney who has handled several truck trials (and not pennies on the dollar settlements).  

What if My Injuries Aren't That Bad?

If you are not injured seriously, thank your lucky stars and try to work through the claim with the opposing party's insurance agent and adjuster.  However, before you reach out to them, please view our video on "Do Not Make These Mistakes After a Crash" and then review our FAQs page for answers to topics such as an inaccurate police report, when the insurance company wants to settle for your vehicle, and more. 

Contact Our Experienced Hagerstown Car Accident Lawyer Today!

If you are injured enough that you will need to miss work, have surgery, or have significant medical bills, look to see an experienced Hagerstown car accident lawyer who handles these types of cases.  Do NOT delay --- time is not on your side.  Also, many times car crash victims will begin to experience aches and pains, bruising, and other indicators of injury 12 to 36 hours after an accident.  As soon as you experience any such symptoms, either head back in immediately to the local emergency room or your family physician.