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Auto Accidents FAQs

With all the news about the dangers of cell phone use behind the wheel, are people still texting and driving?
Unfortunately, there are many people still texting and driving and using their cell phones to talk, email, browse social media sites, and even search the Internet from the drivers’ seat. Although there have been many campaigns aimed at educating the public about the dangers of cell phone use behind the wheel, many drivers feel like they can safely navigate the roads while using their cell phones—especially when it comes to hands-free cell phone use. What many drivers don’t realize is that any activity that causes them to take their minds off driving, hands off the wheel, and eyes off the road—including texting and talking on a handheld or hands-free cell phone—can lead to car accidents. In fact, a recent report by the National Safety Council (NSC) states that cell phone-related collisions increased for the third year in a row. The report shockingly revealed that 27 percent of all collisions in 2013 were caused by drivers texting and talking on cell phones. More specifically, 21 percent of collisions (1.2 million accidents) nationwide during that year were caused by drivers talking on handheld and hands-free cell phones, and six percent of crashes (341,000 collisions) involved drivers text messaging. The details of the NSC report reveal that people are indeed still using cell phones behind the wheel of moving motor vehicles, and this activity has led to auto accidents, injuries, and fatalities. As injury lawyers who have represented many victims of distracted driving accidents, we encourage you to share this information on Facebook so that you can help encourage your friends and family to avoid using their cell phones in the driver’s seat.
Will my case be affected if my lawyer hasn’t taken a case to trial before?
Most personal injury claims are settled before going to court, which is why many injury lawyers haven’t tried a case in front of a jury. However, some cases need to be pursued all the way to trial, especially when both sides cannot come to an agreement. This can be the case if the defense knows your attorney hasn’t ever taken a case to trial before. The reason it matters to hire an attorney with trial experience is that insurance companies keep tabs on personal injury attorneys. They know which lawyers have and haven’t been inside the courtroom, which attorneys will accept an offer on the courthouse steps, and which lawyers are softies. In fact, some lawyers have reputations for settling cases every time. As a result, the other side might not make a fair settlement offer if they know they are up against an inexperienced attorney.

You Want a Tough Attorney

If you hire a lawyer without trial experience, you might second guess the settlement he or she accepted. Did your attorney recommend that you accept the settlement offer because it was fair or because he or she didn’t want to go to trial? You may never know unless you have an attorney in your corner ready and willing to go to court. Although an accident attorney without trial experience may have the knowledge to deal with your injury claim and know what your case is worth, it is an entirely different ballgame to take a case before a jury. You need to know that you have an attorney on your side who will push back and not accept an unfair settlement. You need a lawyer who makes the other side take your case seriously and will threaten trial in order to collect the compensation you deserve. Do yourself a favor and ask an injury lawyer questions before hiring him or her. Does the law firm have the resources to take your case to trial, if necessary? What are some of the law firm’s past jury verdicts? By knowing the answers to these questions, you can rest assured knowing you will get the maximum compensation possible in your case.
What is the cost to file a car accident claim in Maryland?
If you are looking to negotiate your own car accident claim with an insurance company, there is no fee to pursue your claim; however, if you hire a law firm to maximize your financial recovery, there are legal fees and other costs associated with filing a personal injury claim. The good news is that you won’t have to front any fees when working with a lawyer through a contingency fee agreement. If we agree to take your case through a contingency fee payment, we will advance all the fees to pursue your personal injury claim and then deduct our costs from the settlement at the end of the case. This is also the case if we need to pursue your claim in court and file a lawsuit on your behalf. The beauty of a contingency fee agreement is that you owe nothing if you don’t get a settlement or recovery. In addition to the cost of hiring an attorney, we will also advance costs associated with copying, long-distance telephone calls, and other administrative fees. If we need to pursue your claim in court, additional costs would include court filing fees, other litigation fees, and expert witness fees. For example, we may need to hire an accident reconstructionist, engineer, or medical professional to testify in your case. We will take care of all costs and keep an accounting of the expenses in your case so that you can review them at the end of the case when these expenses will be deducted from your settlement or recovery.
If I get a second opinion, will the insurance company question my personal injury claim?
There are many car accident victims whose injuries aren’t fully apparent immediately after an accident. Sometimes injuries take days or weeks to show up, and sometimes one test might not be conclusive and more testing needs to be done to determine what type of injury you suffered. If your family or emergency room doctor didn’t find a specific injury or if they aren’t planning on conducting more tests to diagnose the cause of your pain, it is essential to have a second opinion. Sometimes people get second opinions because they feel they aren’t getting good medical care and other times they seek additional advice before they agree to a surgery. It is your right to get a second opinion, as it is important to your health as well as to your potential personal injury claim. If you are already pursuing a car accident claim, your lawyer might have you see another doctor for several reasons. Mainly, it is important to your health to have the best medical care, but your attorney might also have you switch doctors because he or she knows the importance of having a doctor who can appear comfortable as a witness in court.

Independent Medical Exams: Don’t Go it Alone

Although the insurance company will look for anything they can to try and deny your claim, your attorney should be able to explain why you saw a new doctor. You should know, however, that the insurance company may require you to submit to an independent medical examination (IME) if they question the extent of your injuries. It is important that your attorney prepares you before an IME or even attends it with you because the doctors who conduct these exams often act like insurance claims adjusters and not neutral medical examiners. Seeking the best and most thorough medical care is your right, but protecting your legal rights is just as important. If an insurance company is giving you a hard time about the medical opinions you have received in your accident injury claim, connect with us through our live chat feature now.
What types of non-economic damages can I expect to receive in a car accident claim?
When you were hit by a drunk driver, you were permanently affected in many ways. Along with chronic physical pain, you have endured changes to your way of life and suffer from depression and anxiety. Compensation for these effects is known as non-economic damage. Unlike economic damages, which are easy to measure because there are specific dollar amounts tied to them such as medical bills, non-economic damages are more abstract. This is why non-economic damages are generally referred to as pain and suffering. In addition to being compensated for your physical pain and for the damage done to you car, you should also be compensated for things like depression, stress, and strains to your marriage or family relationships. If any of these things occur, you have the right to pursue non-economic damages because the quality of your life has changed.

What Is Your Loss Worth?

It is difficult to assign a value to non-economic damages because they are technically “quality of life damages.” But even though there isn’t an exact dollar amount attached to these losses, you may still be due damages because the accident negatively impacted your life. This is why it is important to be thorough when assessing your non-economic damages. For example, if your car accident injury prevented you from attending your daughter’s wedding, you should be able to collect money not only for the non-refundable airfare, but also for the loss of an experience you can’t make up for. If you have missed out on enjoying the pleasures of life as a result of a car accident injury, you deserve to be compensated accordingly. Life experiences have value and the loss of the enjoyment of life is a big part of non-economic damages. To learn more about collecting the compensation you are due, order a free copy of our book, report, 10 Tips to Get the Maximum Compensation After a Maryland Auto Accident.
I suffered knee damage in a car accident that wasn’t my fault. How much is a case like this worth?

Your case’s value will depend on the type of injury, your recovery, and the extent of your losses. A knee injury—depending on the location and specific type of knee injury—can be a serious injury that deserves full compensation. Common knee injuries include tears of the ACL, MCL, PCL and meniscus. Additionally, a knee fracture or knee cap damage could occur in a car accident.

With some knee injuries, surgery is often necessary to repair the damage followed by months of physical therapy. Sometimes when people have arthroscopic knee surgery to repair torn ligaments, they often have another knee surgery in the future. If surgery is necessary to correct the damage to your knee, you will most likely not be able to return to work while you rest and heal. As a result, you may miss out on wages and benefits.

While determining the value of your case may sound simple, it is one of the most complicated parts of a personal injury claim. This is because you need think through all of your losses and be thorough in determining all the costs associated with your knee injury.  For example, you may have missed out on taking a vacation because of your injury and you should get compensated for those losses as well.

Typically, you will want to collect money for your hospital expenses, surgical costs, medical bills, physical therapy, future medical care, lost income, future lost income, mental and emotional trauma, and any other out-of-pocket expenses related to the accident and your injury. Our attorneys can help you determine the value of your injury. Contact us today.

What type of compensation should I expect from the insurance company after suffering a herniated disc in an auto accident?

When you are injured in a crash, it is normal for you to want to know how much your injuries are worth; however, it may surprise you to learn that this is often the most difficult part of the claim to determine (at least initially). Everyone’s injury claim is different, even though insurance companies may have certain amounts in mind for specific injuries. This is because you may have suffered in different ways from someone else with a similar injury.

Before you accept a settlement from the insurance company for your herniated disc, you should try to determine what your case is worth by adding up the following expenses:

  • Damage to your property
  • Medical bills and expenses related to your medical care (e.g., ambulance ride, ER visit, x-rays, tests, prescription costs, surgical expenses, physical therapy, etc.)
  • Income lost due to being away from work as a result of your injury and all future lost income due to treatment of your injury
  • Damages for mental anguish and emotional trauma
  • Miscellaneous expenses such as a missed vacation

While it may be somewhat easy to put a figure on your property damages, lost income, and the money spent on your medical care, it can be rather difficult to determine an amount for pain and suffering or future lost income and medical treatment. This is why many people turn to experienced accident attorneys for help negotiating their injury claims so they can get the maximum amount possible. Call us for a free consultation. We can help you determine the true cost of your herniated disc.

My daughter was a passenger in her friend’s car when they crashed after prom. Can she get compensation for her injuries even if the driver had been drinking?

When a driver causes a car crash, he is responsible for paying damages to those he injured. It is important to note that a passenger doesn’t have control of the car, so a passenger should be able to prove negligence and file a claim for injuries suffered in the wreck. This is true for passengers in alcohol-related crashes as well.

A passenger may not have known that the driver was drinking, especially when the driver is under age. The driver may have hidden the fact that he had some alcoholic drinks before getting behind the wheel, or he may have lied about the amount he drank. In any event, the driver who caused the crash should be held liable for any resulting injuries, damages, or other losses.

Typically, an injured passenger should be able to sue for costs incurred from the ambulance ride, ER visit, hospital bills, doctor’s appointments, prescriptions, physical therapy, and other medical expenses, in addition to pain and suffering and other losses.

Because your daughter may be friends with the driver at fault, it may feel awkward to bring a claim against the driver; however, your daughter needs to remember that her friend has insurance and the claim is really being filed against the insurance company and not her friend personally. It will still be an awkward and uncomfortable situation, which is why you need an attorney who is experienced in these kinds of cases. Contact our office through the links on this page to find out how we can help.

Why do some lawyers offer free consultations and others don’t? Are the attorneys that don’t provide free consultations better than the lawyers who do?

If you are in the middle of researching lawyers following an auto accident injury, you may be confused about why some attorneys offer free consultations and others don’t. Typically, most personal injury lawyers offer free initial consultations; however, there are some attorneys who don’t provide this service to the public.

While it might appear to you that an attorney who doesn’t offer a free initial consultation is somehow more desirable than a lawyer who does offer potential clients free consultations, this isn’t always the case. Another misconception is that lawyers who charge for consultations are more qualified or more successful than attorneys who don’t charge for initial consultations, but, again, this isn’t the case and is in fact a falsehood.

There could be several reasons why an attorney would charge for an initial meeting, none of which are signs that this is the attorney you want to handle your case. Some reasons may be:

  1. To appear to potential clients to be in high demand.
  2. To collect as much money as possible; however, lawyers who charge for initial consultations may charge more all the way around.
  3. Because he lacks the staff to help him answer phone calls and set up meetings.

Lawyers who offer free initial consultations are providing a wonderful service to the public, and it is a great way to find out about the attorney’s past wins and case results. Do yourself a favor and meet with several attorneys who offer free consultations to ask questions, learn about your rights, and get to know who would be the right fit for you and your case.

If I was partially responsible for the car crash I was injured in, can I still pursue a claim and collect compensation?

In Maryland, any amount of fault denies your ability to make a financial recovery for your injuries. This is because Maryland has a contributory negligence law. However, if the crash occurred in another state, you may have rights under comparative negligence.

Under comparative negligence, even if you were partially responsible for the accident you were injured in, you should still be able to get compensation. For example, you are in a car accident that wasn’t completely your fault. After you tell the insurance company your side of the story, they may feel you are, say, 30 percent at fault for the car accident. As a result, they will assign 70 percent of the blame to the other driver and award you a 70 percent recovery. This means that your recovery will be lessened by the 30 percent of the fault you had in the accident. However, it is important to note that determining the amount of fault is open to negotiation. Just because the insurance adjuster claims that you are responsible for 30 percent of the crash doesn’t mean you have to accept their determination. You can hire an attorney to argue that you were only 15 percent at fault, for example, and get a bigger settlement.

Unfortunately, there are times when the other driver doesn’t have enough insurance coverage to pay the money you need to cover you property damages, medical bills, lost income, and other damages. When this happens you might not be able to collect the full amount you are due. For this reason, it is always advisable to carry underinsured motorist coverage in order to be able to collect the amount of money you need to cover your losses and damages.

What are some of the biggest factors that contribute to collisions during the winter?

Whether you just moved to Maryland or Washington D.C., or you grew up on the East Coast—you more than likely will encounter snow, slush, ice, fog and other inclement weather. Unfortunately, you may find yourself on the road trying to conquer these winter elements. In order to do this safely, it is critical that you have the proper tires. Having four new winter tires or ones in good shape with the proper tread will help reduce your chance of a collision.

In addition, driving safely in the winter requires proper knowledge, skills and techniques, such as:

  • Inspect your tires for proper tread and air pressure
  • Always drive with both hands on the wheel
  • Adjust your speed for the weather and road conditions
  • Maintain a larger following distance from other cars
  • Don’t change lanes frequently when slush or snow is on the ground
  • Slow down before entering a turn or curve
  • Don’t brake hard during a turn or accelerate hard out of a turn
  • Always maintain a slow speed while turning and don’t make any sudden movements with the wheel
  • Know how to handle your vehicle so you don’t find yourself in understeer or oversteer situations

There are many things drivers can do to reduce their crash risks, as you can see from the aforementioned list. However, the biggest thing you can do to reduce your chance of a crash during the winter months is to have the proper winter tires or chains for the conditions you are driving in.

What should I avoid posting on social media to protect my accident claim?

Like the majority of Americans, you most likely have some sort of social media account and it’s a good bet that you check it, post to it, or upload content to it on a regular basis. Although this is perfectly normal in today’s society, before you post one more thing, you should be aware of who’s watching.

With the popularity of social media in today’s society, it’s no surprise that companies use these outlets to push their products on you, tapping into your likes and dislikes to recommend goods and services. However, some companies take it a step further and use your public information against you. Insurance companies are a good example.

Many insurance companies monitor popular sites that may contain posts negating an applicant’s claim. If the adjuster discovers any reasonable evidence that suggests the claim was falsified or that gives him an argument to suggest fraud, he can then deny the claim.

So what can you do to protect yourself and your claim?

Silence is Golden: Keeping Your Accident Off the Grid Can Help Increase Your Settlement

Obviously, posting a photo of you running a marathon while awaiting an injury settlement is a bad idea, but you also need to be aware that “throwback” posts (you ran the marathon last year) and other people tagging you in their photos can make adjusters suspicious.

This is why it is best to not risk it. An overzealous insurance adjuster is looking for anything he can use against you. If you’re a victim of a car accident, try to refrain from posting, tweeting, or uploading the following information:

  • Photos of the crash. Although you if you’re able, you should definitely take photos for your lawyer, do not post them on online until after the claim has been settled. A shadow, smudge, or discoloration could lead the adjuster to question the damage.
  • Details of the accident. If every single detail isn’t exactly how you reported it in your claim, an adjuster may grow suspicious.
  • Predicted settlement amounts. Letting an adjuster know how much you hope to get could change how much you actually get, and not for the better.
  • Discussions of injuries. By discussing your injuries, you could let something slip that wasn’t part of your claim or say something that makes the adjuster and your lawyer question the severity of the injury.
  • Locations. Posting your location can allow an adjuster to assume you’re participating in activities that you may not be, compromising the validity of your claim.

To cover your bases, keep the accident out of your profiles, pages, and accounts until your claim has been settled. For extra security, make all of your accounts private, so there is no risk of misinterpretation.

Help, Support, and a Watchful Eye

If you’ve recently been injured in a car accident and need help pursuing your claim, contact us today. Our knowledge and eagerness to see justice prevail will ensure that you follow all the rules, properly file your claim, and aren’t surprised by insurance gambits. We’ll make sure you’re properly prepared and know exactly what to do and what not to do to make sure your claim has the best chance for approval. Call today for a free consultation and review of your case.

Still itching to post something? Instead of posting about your accident, share this article with your followers, then browse our sites on Facebook and Google+ to get more helpful information and advice.

What are the risks of zipper merging?

Depending on your viewpoint, late or “zipper” merging is either a wonderful idea or completely infuriating. Zipper merging during lane closures is meant to encourage drivers to utilize both lanes up to the point of conversion, whereupon they will then take turns passing through the bottleneck area one at a time. Although this concept seems pretty easy, people tend to come down strongly on one side or the other.

Pro Zipper Merge

When you see one lane backed up for a mile and the other lane (which will eventually end) completely free, why shouldn’t you use the empty lane for as long as possible? It’s not your fault that the other drivers are choosing to wait in line. You’ll just merge when you absolutely have to at the bottleneck. To you, this seems more efficient anyway. Instead of causing excessively long backups, drivers should just utilize both lanes, and then take turns merging at the convergence point.

Anti Zipper Merge

On the other hand, when you’re stuck in a backup and witness other drivers using the compromised lane as a way to bypass you, you rightfully get upset. What entitles them to cut ahead? Everyone in the through lane would love to get ahead as well, but the lane does eventually end, so then what? Other drivers who have been patiently waiting now have to let the passers-by in? Why should some drivers get to move to the head of the line? While others have to wait?

So, which argument holds more credibility? In theory, the zipper merge is, in fact, more efficient, less confusing, and reasonable. However, due to human nature, stress, and some people’s need to get ahead of others, this technique can also be extremely dangerous.

Late Merge Risks

The Minnesota Department of Transportation has begun to implement the zipper merge method into highway protocol with mixed results. The method is recognized to be more efficient in theory, but the actual practice relies on drivers recognizing and actually following the rules. This is what presents the problem. According to a National Highway Traffic Safety report, 65% of merging accidents are caused by the merger forcing his way into the through traffic lane instead of actually waiting for his turn. This “driver entitlement” notion is the main problem with the late merge concept—people get easily frustrated when they’re made to wait. This leads to anger, poor decisions, and unfortunately, many accidents.  

Therefore, no matter what your opinion is about zipper merging, or how efficient you may think it is, human nature causes it to present some risks. These include:

  • Entitled driver unpredictability. Many motorists will utilize the “closing” lane to simply bypass traffic, not as a way to be more efficient. This entitlement usually follows these drivers to the bottleneck, whereupon they won’t wait their turn and decide to push in where there isn’t room, potentially causing an accident.
  • Worse congestion. If motorists fail to take turns at the convergence point and just push in whenever they feel like it, not only will the through lane never move, but they could easily cause an accident which will block the only point where traffic could legitimately get through.
  • Impatient “open lane” motorists. Although utilizing both lanes will decrease backups to a point, the drivers that are in the correct lane and do not have to merge are far less likely to allow the closed lane mergers to get over, even though courtesy and merging etiquette laws suggest that if you can let mergers over, you should. Unfortunately, stress and road rage can cause niceties to be thrown out of the window.
  • Road rage. Never underestimate the power of road rage. Traffic stress can drive even the sweetest person into becoming a crazed ‘warrior for justice.’ Sitting in traffic, barely moving an inch every five minutes can have its effects on even the most patient person. However, these effects can be multiplied when witnessing other motorists getting ahead of you, like they’re better than you. This frustration can quickly lead to poor decisions and tragic collisions.

When Coming Together Forces You Apart 

No matter how you merged, or how the collision occurred, a merging accident can be confusing and resulting injuries can be catastrophic. This is why it is important to know where to turn when you’re a victim of a convergent accident. What you need is an experienced lawyer to help explain your rights and help bring your claim together.

Contact us today for a free consultation and review of your case. See how our experience and knowledge will work for you and your family.

Make sure your family and friends know the proper laws, etiquette, and risks of merging by sharing this information on your social network. Help keep your loved ones safe and our roads clear by clicking the familiar media icons that can be found throughout this page. You and your loved ones will be glad you did.

Am I to move over when tow trucks are on the shoulder of the road?

Maryland is known for a lot of things, but safe and courteous driving isn’t one of them. In fact, many out-of-towners are taken aback by how fast and aggressive our residents are when behind the wheel.

Unfortunately, this trait is known all too well by many who work on the side of the road, particularly tow truck drivers. In fact, in 2010, tow truck driver James Schreiber was fatally struck in a hit-and-run accident on Route 100 when he was trying to help a disabled vehicle on the shoulder. Additionally, Corporal Brian Hirsch was injured in September, 2014, in College Park at a traffic stop—because of a driver who drove on the shoulder of the road.

Who You May Not Have Known the Law Protects  

The Maryland Move Over Law, instated on October 1, 2014, was heavily publicized as protecting police officers and other emergency service personnel. However, motorists are required to pull over for others on the road shoulders, including:

  • Tow truck drivers. Motorists are required to move over one lane away from the shoulder when tow truck drivers are there. Failure to do so will result in a $110 fine and one point on your license. If the violation contributes to a crash, drivers will face $150 in fines and two points on their licenses. If the driver causes an accident that results in death or serious injuries, the motorist will receive a $750 fine and three points on his or her license.
  • Bicyclists. Maryland drivers are also to pass bicyclists and those on motor scooters and electric personal assistive mobility devices at a distance of no less than three feet. Exceptions are made when the road isn’t big enough to allow such a move, and if the conveyance operator is not obeying the law.

Were You the Victim of a Crash?

If you were hurt in an accident because of someone else’s negligence, the attorneys of Nicklesporn and Lundin want to help. Contact us today to learn how.

What is the SoberRide Program and why should I use it this holiday season?

Every year over the holidays, partygoers find themselves in the difficult situation of realizing that they are too impaired to drive home safely. In an effort to prevent these partygoers from getting behind the wheel, the Washington Regional Alcohol Program offers a 2014 Holiday SoberRide Campaign. As part of this campaign, intoxicated individuals are able to call for a free and safe ride home. The program is one of the nation’s most successful free cab ride programs for would-be impaired drivers. Since 1993, over 61,002 safe rides home have been provided.

How Does the SoberRide Program Work?

This wonderful initiative is important for all drivers because the holiday season is a high-risk period for drunk driving-related crashes and injuries. The program works as follows:

  • This program offers a free ride home, up to a fare of $30. Anything over $30 is the responsibility of the person taking the ride.
  • The free ride is available between 10:00 p.m. and 6:00 a.m.
  • The free ride is offered nightly between December 12th and January 1st.
  • Users of this service must be age 21 or older.
  • To reach a SoberRide driver, call 1-800-200-TAXI. You cannot call a participating taxi company directly to reserve a SoberRide.
  • In Maryland, all calls must originate from Montgomery County or Prince George’s County, or the cities of Rockville, Bowie, College Park, Gaithersburg, Greenbelt, and Takoma Park.
  • SoberRides cannot be reserved in advance. The service must be called during the available program hours.
  • The participating cab company in Montgomery County is Barwood, Inc. Users of the service are asked to watch for a cab from this company in the area from which they are calling.

We strongly encourage you to help spread the word about this amazing program by sharing a link to this article on Facebook and Twitter!

Could a recent car accident have long-term effects on my future?

At the age of 16, you and your brother were in a severe car crash. He broke his pelvis, and you broke both of your legs and punctured your kidney. You both had to have surgery and go through months of recovery before you were able to walk again. However, although the accident wasn’t worse or fatal, you’ve had occasional pain in your legs for no reason, and your doctor has informed you that you have early onset arthritis in both knees. Could this persistent pain and arthritis have been caused by the accident?

You only bring this up because you’re currently sitting in the hospital emergency room, waiting for your teenage daughter to get casts put on her arm and leg. She was hit by a drunk driver earlier that night and had broken several bones. Again, you’re extremely thankful that it wasn’t worse, but what long-term effects could she wind up suffering as a result of her injuries?

Long-Term Collision Injury Risks

When you’re a victim of a severe car accident, recovering from your injuries can be a long and painful battle. Between surgeries, physical therapy, and rehabilitation, you could wind up spending all of your energy and will power trying to get better. Hopefully your recovery is short and you’re back on your feet quickly. However, it is an unfortunate fact that for many, even after rehabilitation, their sustained injuries will stay with them for the rest of their lives.

Research performed by the Mayo Clinic suggests that car accident injuries have many long-term effects on their victims, well after they’ve “recovered.” Some of these future injury complications include:

Head Injuries

  • Cognitive and degenerative brain issues. The brain is an extremely complex organ and when it becomes damaged small changes can gradually affect its function. For example, the development of scar tissue can affect nearby parts of the brain and cause function problems. In addition, as you get older, the brain starts to lose its elasticity—causing memory loss, and cognitive strain. If your brain is already damaged, these effects could become worse.
  • Increased risk for Alzheimer’s. Although research isn’t complete, the Mayo Clinic suggests that if you suffer a brain injury that causes you to be unconscious for more than 24 hours, or causes you to have episodes of dementia, your risk for Alzheimer’s and other degenerative brain diseases could increase as you get older.

Broken Bones

  • Loss of strength. Although broken bones do heal, the connection where the bone split will never be as strong as it once was.
  • Periodic pain. Weather and pressure change is a common problem for people who have experienced bone trauma. The change in barometric pressure causes tissues within your body to expand and contract, putting pressure on joints and the weaker areas of the bones that were broken.
  • Bone spurs. When a bone breaks, it can chip, leaving bone fragments behind in your muscles and tissues. These fragments can go unnoticed for years, until they calcify and grow—pressing on blood vessels, and pushing on muscles and tissues.
  • Deformity. If a bone isn’t set perfectly it can cause a lumpy deformity, shorten the bone so it isn’t the same size as it once was, or cause strange angles within the bone itself.
  • Early onset arthritis. In addition to the offensive bone being inherently weaker because of the break, recovery can cause you to adjust your gait, put more pressure and weight on other joints, and move differently throughout rehabilitation. Although this may go unnoticed at the time, it can increase your risk of arthritis down the road.  

Psychological

  • Increased risk of depression. Feeling the long-term effects of a previous injury can be hard to take, especially when you had to go through so much during recovery. This stress can lead to depression.
  • Increased anxiety. Any type of tragedy or stressful event can cause varying degrees of psychological trauma. In some cases, these effects can be dormant until later in life when something triggers it. This can include a loved one suffering an accident, a photo of the wreckage, or other incidents.

Securing Your Future

When you’re in an accident, your insurance company will try to do everything in its power to give you the least amount of damages possible. This means that they will try and trick you, confuse you, and omit certain facts about the financial burden your injuries may cause. Don’t allow them to get away with this! You’ve already suffered enough, you don’t deserve to be blindsided years from now when you no longer have the option to file a claim. Use us to fight back, and secure your future.

Call today for a free consultation and review of your case, your rights, and your future options. We know the value of injuries, and how they can cost you well after recovery. Thankfully, we also know how to get you the settlement to cover those future costs. Call now to see how we can help you today, tomorrow, and beyond.

What can cause a car fire? Was it my fault?

Your car is about a month over due for an oil change, but with today’s pay, you were going to get it done. You hate lapsing on your car maintenance, but this month it couldn’t be helped. So, you made an appointment and you were on your way.

You had just merged onto the Beltway when a semi-truck decided to move over into the right lane. You are not sure if he just didn’t see you or he underestimated his space, but either way, it caused you to slam on your brakes and spin out onto the shoulder of the road. The truck continued on without even realizing what he had done.

After about five minutes of heavy breathing and trying to calm yourself down, you began to assess the damage. You seemed to be fine, but as you got out of the car to check out your car, you noticed your engine was smoking. You opened the hood, and a bright orange flame licked your arm. You immediately jumped back as several more flames came toward you.

You ran several yard away, and dialed 911 to get the fire department. As you told the dispatcher what had happened, you couldn’t help but wonder what caused the fire in the first place? The truck tapped you enough to spin out, but the hood was otherwise undamaged. Did the old oil somehow ignite because you didn’t have it changed on time? What other possibilities could have caused the flames?

Typical Reasons Why Your Car May Ignite

According to the National Fire Protection Association (NFPA), nearly 300,000 vehicles catch fire each year. Despite this danger, many drivers are clueless about their risks, as well as how vehicle fires begin in the first place. Thankfully, you no longer have to be left in the dark. Once you learn these common causes of car fires, you can take the proper precautions to help avoid serious injury. These causes include:   

  • Ignition of flammable liquids. The leading cause of vehicle fires occur when flammable liquids, such as gasoline and oil, accidentally ignite from a spark or overheated engine.
  • Fume ignition. Fumes from gasoline, oil, and coolants can be extremely flammable. This means that even if your gas tank isn’t leaking, the fumes from the tank alone may be enough to create a flame large enough to travel back to the tank and ignite the fuel. Likewise, oil vapors in your engine are specifically designed to ignite with the help of your engine’s spark plugs. If that ignition isn’t controlled, or too much vapor is expelled, an explosion could result.
  • Collisions. Depending on the severity of a collision, the impact force of the crash can cause shrapnel to tear into the gas tank, engine, or flammable liquid compartments. This tear can release flammable fumes—along with a spark that will ignite them.
  • Electrical malfunctions. Today’s vehicles include a lot of individual parts that could malfunction and cause a fire. Faulty metal can break and cause sparks, electric accessories and add-ons can cause electrical fires, and faulty storage containers can leak combustible fumes.
  • Poor maintenance. Poor maintenance can enhance an already dangerous environment. If you allow faulty wiring to go unchecked, it could spark and cause a fire. If you allow a loose seal to leak fluid, the liquid or fumes from the fluid could ignite. Make sure you routinely check your engine and take your car in for bi-annual check-ups and maintenance.

Proving Car Fire Fault

When a car fire causes you or your family serious injury, it can be difficult to determine who’s at fault, especially if the fire didn’t result from a collision. However, with the proper representation, your lawyer can help you discover where and how the problem started, as well as who was to blame. If the incident was not caused by your own mistakes, than you may be eligible for a vehicle injury settlement.

Contact us today for a free consultation and review of your case. We’re determined to make sure justice is served and you and your family get the compensation you deserve. Call now to see how we can help you!

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Do roundabouts increase or decrease pedestrian accidents?

Every time you approach a roundabout, you inadvertently become paranoid. Although you know the rules of the intersection, you’re not 100 percent sure that everyone else does. So you carefully watch all of the cars to make sure you can enter, obsessively monitor the traffic around you while in the circle, and take a sigh of relief as soon as you exit the circle. This is pretty much your routine for every roundabout you hit during your commute—constantly focusing on the roundabout traffic while ignoring any other distractions.

Now generally, this routine works, and works well. However, today you were thrown for a loop when something happened that has never happened before. A man and his dog approached the roundabout and wanted to cross. What were you supposed to do? Your attention is usually on the cars, not pedestrians, and therefore you came about two inches from hitting him before you heard his dog bark.

What are the rules for pedestrians at roundabouts? Is it safe for them to cross?  What should you know about roundabout crosswalks to help avoid any future pedestrian accidents?

Pedestrian Safety Considerations in Roundabout Designs

Extensive abstract research from the Federal Highway Administration indicates that roundabout crossings should be significantly safer for pedestrians than crossing conventional intersections. Although direct data for roundabout pedestrian accidents is somewhat limited in the U.S., research performed in Europe—where roundabouts are more prevalent—suggests that converting conventional intersections to roundabouts can reduce pedestrian crashes by about 75 percent.

This affirmation is backed up by the fact that roundabout crossings are specifically designed to decrease pedestrian and traffic risks over conventional intersection crossings. The design takes into account the risk factors for traditional intersection crossings, and improves upon the design to eliminate these risks.

Common risk factors that are dealt with in roundabout crossings are:

  • Speed. Since traffic must yield throughout the circle, as well as maintain control throughout the turn, speed is drastically reduced. According to the U.S. Department of Transportation, the average speed in a roundabout is 20 mph, and the chance of a pedestrian being killed if hit by a vehicle is only 15 percent. However, in conventional intersections, the average speeds are typically 30 to 40 mph, and the chances of being killed if hit by a vehicle range from 45 percent to 85 percent.
  • Multi-directional traffic threats. Since pedestrians walk on sidewalks around the perimeter of the circulatory roadway, they cross only one direction of traffic at a time. Not only does this allow for greater visibility for traffic, but also eliminates the risk of accidents being caused by left-hand turns, oncoming traffic, and red-light turns that occur at traditional intersections.
  • Crossing length. In conventional intersections, pedestrians must cross up to six lanes of traffic in an extremely limited time frame. However, roundabout crossings are split up into sections, creating shorter crossing distances in order to prevent traffic build-up, pedestrian worry, and potential road rage accidents.

What to Do When a Walker Causes an Accident

Although roundabout crossings are meant to decrease accident risks, and promote pedestrian-traffic awareness, the unfortunate reality is that accidents can still happen. When pedestrians fail to follow the rules, or other motorists overcorrect to avoid pedestrians, you could wind up suffering the consequences of their actions.

Car accident treatments and recovery can not only be long and arduous—but extremely expensive. If you’re not at fault, we don’t think that you should be forced to deal with the aftermath on your own. Contact us today for a free consultation about whether you’re entitled to damages and compensation for your injuries. We may be able to help you get the money you need and deserve for your treatment. Call today!

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Are roundabouts safer than regular intersections?

After avoiding this intersection yourself for five years, the time has come to make sure your little girl knows how to drive through a roundabout. You’re not sure who is more nervous, her or you, but you have her drive down Georgia Avenue, turn right onto Gist Avenue and slowly approach the roundabout at Woodbury.

You can tell she’s a little anxious so you try to lighten the mood by explaining some light-hearted facts about roundabouts and its safety features. Unfortunately, as you were discussing it, you completely blanked out on why they’re safer than normal intersections.

Is it because you don’t have to stop? Or there is less traffic? What does make roundabouts safe?

The Safety of Roundabouts

Although roundabouts can be difficult to understand, and a little confusing when using them for the first time, they are considered a safer alternative to normal intersections. Roundabouts are extremely common in Europe, and are gaining popularity in the United States. Their basic design is a circular intersection, where traffic flow is based upon yielding—as opposed to traffic lights—in order to keep a constant flow of traffic. Instead of traffic crossing one another, as in a normal intersections, traffic must follow the counterclockwise direction of the circle and use the exit lanes to get to marked exits.

This simplistic design, when used properly, not only decreases traffic back-ups but also limits serious accidents and injuries. According to the Federal Highway Administration, the safety benefits of roundabouts result in a 35 percent reduction of overall intersection crashes, a 90 percent reduction of fatal accidents, and a 76 percent decrease of overall intersection accident injuries per year.

These benefits include:

  • Slower speeds. In order to navigate the circle, you must slow down.
  • Less impact points. Roundabouts all but eliminate head-on and high-speed right-angle collisions, by limiting impact sites from 28 potential collision points (normal intersection) to eight possible collision points (roundabout).
  • Increased crosswalk visibility. Roundabout crosswalks are placed further away from the actual intersection, making it easier to see pedestrians.
  • Less acceleration accidents. Since the traffic flow is fluid, cars don’t have to stop and accelerate abruptly.
  • Decreased road rage. Traffic flow is increased, which means there is less time for people to get angry.

When the Benefits Fail

Unfortunately, the design and use of roundabouts can’t guarantee safety due to human error. Although traffic circles limit the potential for accidents, the human element can always interfere and cause disastrous consequences. When another driver becomes confused, makes irresponsible mistakes, ignores signs, or drives too aggressively around the circle, he could cause serious injuries to you and your family. Don’t let his senseless actions ruin your life, instead call us to help you fight for the justice you deserve.

Our free consultation will help you understand your rights, build up your confidence to pursue an injury claim, and help get you the settlement you need for your injuries. Call now!

Share this page on Facebook, Twitter, or Google Plus, to help spread the word about roundabout safety. There’s no need to be afraid of these new intersections as long as you and your fellow drivers know how to properly use them. Make sure your friends and family have the information to help prevent a needless accident. Please, click the media icons above to instantly share and potentially save a life.

Who’s to blame if a student walks into my car and gets injured?

Today was supposed to be the day where you took your little girl to play at Belle Zeigler Park. However, as you were driving down Takoma Avenue, a student—presumably headed toward Montgomery College—decided to cross the street in the middle of traffic, and ran straight into your car. Thankfully, you weren’t going that fast, but the student still managed to roll off of your hood, and smacked his head on the pavement.

Although you were in complete shock that anyone would have done that, you turned your hazard lights on, told your frightened daughter to stay in her seat, and got out of your car to check on the student. He was sitting upright and was clutching his head while he screamed at you.

Seriously? He actually thought you were at fault. Although he was injured, considering the circumstances, you’re not to blame, right? 

Injury Liability When a Student Is Struck on Campus

According to a recent study performed by the University of Ohio, accidents involving distracted students have quadrupled over the past 10 years. Nearly 2,000 students a year are treated in emergency rooms for injuries sustained while crossing or walking in streets—as a result of disobeying traffic laws and not paying attention to traffic.

In severe campus-pedestrian accidents, the students who are struck usually suffer the worst injuries, and are therefore considered the “victims.” The driver of the car, who generally suffers less severe injuries, is perceived as the one at fault, strictly because he was in the “weapon” that caused the most damage. However, this isn’t always true. Depending on the circumstances of the accident, the severely injured pedestrian or student could have caused his own injuries by being negligent or reckless while crossing the street.

If you’re involved in any car accident, it is important to know who is at fault.

Student’s Fault

  • You ignored or intentionally disobeyed traffic laws—jaywalking, walking against pedestrian signals, walking where pedestrians are prohibited.
  • If you disregarded the vehicle’s right-of-way.
  • You didn’t practice reasonable care.

Although reckless behavior by a pedestrian can easily cause a tragic accident, drivers must be able to prove that they themselves aren’t also at fault.

Driver’s Fault

  • You hit a pedestrian when he had the right-of-way or was in a crosswalk.
  • You had plenty of time to stop, but either chose not to or were too distracted to see the pedestrian and avoid the crash.
  • You were intoxicated—even if the pedestrian didn’t have the right of way, if you were legally drunk, you may still be charged with reckless endangerment.
  • You were driving recklessly or aggressively, which caused you to not see the pedestrian or your increased speed caused additional and worse trauma to the pedestrian.
  • You fled the scene after the accident. This not only suggests guilt, but it also endangers the pedestrian even more.

Don’t Take the Blame for Someone Else’s Mistake

Proving liability in pedestrian accidents can be extremely difficult and frustrating, especially when they involve severe injuries or fatalities. Don’t allow another person’s mistake to ruin your life, as well as make you take the blame. We know how complicated car accident claims can be—especially when so many things can make or break your case. Let our experience and knowledge work for you. Contact us today for a free consultation.

Make sure your family and friends are protected by sharing this page with them via Facebook or tell them to contact us directly to discuss any potential questions or concerns they may have about a recent accident.

How can I protect my unborn child from car accident injuries?

After waiting for two hours at Holy Cross to get your third ultrasound, you’re finally on your way back home. To save time, you decide to take the Beltway, completely forgetting that it was near rush hour. As you attempt to merge, the car behind you decides you’re taking too long and suddenly swerves out from behind you, cutting you off on the on-ramp. You slam on your brakes and swerve off the ramp to avoid a collision.

Once you catch your breath, and attempt to get back on the ramp, you feel your baby violently kicking you in the ribs. You try to make it home as quickly as possible to see if your belt caused any bruising and call your obstetrician about possible problems.

Did the braking cause your baby harm? Should you be taking extra precautions while driving now that you’re in your second trimester?

Safety Tips to Protect Your Baby Bump

Protecting your unborn child is a 24-hour a day job, lasting nearly 270 days, so any help you can get is appreciated. Don’t allow your baby to be needlessly hurt or injured as a result of something you could have easily prevented, or at least protected against.

  • Be chauffeured. If possible, avoid driving. Ask others to drive for you to prevent distractions and errors.
  • When you must drive, be careful. Studies have shown that expectant mothers tend to drive more carefully in the third trimester than in the beginning two trimesters. If you want to protect yourself and your child—no matter how far along you are—make sure you’re driving safely.
  • Avoid expressways and highways whenever possible. Higher speeds can create higher risks.
  • Wear your seat belt below the stomach. This keep the strap from pushing on your baby.
  • Move seats as far back as possible. Provide at least 10 inches between the steering wheel and your belly.
  • If an accident occurs, seek medical attention immediately. Even if your injuries don’t appear to be severe, seek medical care.
  • Contact an experienced car accident lawyer. A lawyer can help give advice about possible fetal injuries and treatment compensation.

Follow these guidelines every time you get into the car and be aware of the possible risks when you and your baby get behind the wheel. Your baby can’t protect himself, he’s relying on you to do it for him.

Have you already been in an accident and fear that your injuries may have caused damage to your unborn child? Contact us today for a free consultation and review of your case. Our experience and knowledge will help give you the confidence to pursue an injury claim and get the compensation you and your baby deserve. Call now!

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What is aggressive driving and is it illegal?

Every day you witness some driver on the Beltway, speeding, weaving in and out of traffic, and carelessly putting others at risk. However, although aggressive driving may be unsafe, is it illegal?

Every state has their own definition and laws regarding aggressive driving. Maryland defines aggressive driving as occurring when a driver commits a combination of moving traffic offenses that potentially endangers other people or property. These actions are not considered “occasionally unsafe,” they’re always unsafe—if an accident occurs or not, the action is still dangerous and generally, illegal. Aggressive driving behaviors include a variety of dangerous and illegal driving maneuvers, such as speeding and running red lights.

Maryland’s Aggressive Driving Laws

With the increase of aggressive driving accidents and fatalities over the past few years, the Maryland Safety Highway Administration (MSHA), has begun to seek ways to prevent, as well as educate, communities about the risks and consequences of driving aggressively. Therefore, in conjunction with the State’s Aggressive Driving Reduction program and the Smooth Operator Program (a public education campaign that provides education, information and solutions for aggressive driving), the MSHA has begun to partner up with local law enforcement to approach the problem using the Smooth Operator’s “4 E’s Approach.”

This approach will be used by the MSHA and police, to stop and ticket aggressive drivers, educate motorists about aggressive driving risks, and work to eliminate aggressive driving behavior on our roads.

So the next time you choose to run that red light, or pass that old jalopy in a “no passing zone,” be aware that not only are you putting lives at risk, but you could very well be ticketed or even imprisoned for your poor decision. Be smart, avoid risks and stay safe by simply following the rules of the road and taking the effort to care about the safety of those around you, instead of just how quickly you can get home.

Don’t allow an aggressive driver to get away with hurting you and your family. Fight back, by contacting an experienced car accident lawyer. We know how ruthless insurance companies and at-fault drivers can be, especially to those who don’t know the ins-and-outs of accident law. But you don’t have to—because we do! Let our experience and knowledge work for you. Contact us today for a free consultation.

If I feel drowsy when I’m driving, what should I do to make sure I get home safely?

Three presentations, 10-hour set-ups, and a broken coffee machine later—you finally get to go home and fall into bed. Unfortunately, you still have the 15-minute drive on 270 to get through before that dream becomes a reality. So you shake the fog out of your head, wipe the blurry out of your eyes, and slowly make your way to the on-ramp.

As you approach the merge, you keep your eyes fixed in front of you, the gently hum of the motor and vibration of the car is relaxing, so you don’t adjust your speed. Rather, you continue onto the merge as one seamless motion, only to be shocked out of your trance by a car narrowly missing you as he was forced to veer into the next lane.

What just happened? Did you really almost get into an accident because you zoned out?

Tips to Help Prevent a Drowsy Driving Accident

It is impossible to be fully awake, alert, aware and refreshed 100 percent of the time. Everyone has had days where they’re mentally and physically exhausted, but still need to get home safely. In these situations you buckle down, keep your eye on the prize—which is generally the thought to be your cozy bed—and make your way back home.

Unfortunately, many drowsy drivers never make it to their beds. Many drivers lose conscious awareness while behind the wheel and wind up veering into other cars, slamming into pedestrians, or colliding into inanimate objects—all because they were too tired to drive. Don’t sacrifice your safety, or the lives of others because you’re sleepy. Instead, follow these simple and easy to remember guidelines when you know you’ll be driving while tired.

  • Don’t do it – If you’re too tired to concentrate, you’re too tired to drive. When, and if possible, have someone else drive, call a cab, or take a short snooze before attempting to drive further.
  • Take breaks – If you start to feel groggy, pull off the road—into a parking lot or rest area—and take a break, get something to eat, and just relax until you get your concentration back.
  • Stay hydrated – Drinking water, coffee, tea, or other caffeinated beverages can help keep you alert, and can also break up the monotony of driving by giving your body something to do.
  • Eat foods high in protein, but low in carbs – Eating will give you energy, but try to stay away from heavy fats and carbs as they can make you sluggish.
  • Listen and sing along to music – Staying animated and giving your brain something to do can increase awareness and keep you from falling asleep.   

Although you do it every day, driving requires a unique focus and ability to react quickly in case of emergency. When you’re drowsy or tired, a momentary lapse in judgment, or a decreased response time, could cost you more than you may realize.

Help keep yourself and others driving on Maryland’s roads safe by recognizing when your incapable of driving, keeping yourself from exceeding beyond your limitations, and by sharing this article with your friends, family, and co-workers. Facebook and Twitter are excellent resources that can help promote safety—simply click the icons above to help others learn how to prevent potential drowsy driving accidents.

Already been injured? Contact us today for a free consultation and more information about your injury claim and rights.

Am I at fault if I don’t slow down when someone is passing me in a “No Passing Zone,” and they get hit?

Today was the wrong day to go for a leisurely drive down 13th. Since you weren’t in a hurry, and there wasn’t much traffic, you decided to pace your car at a steady 30 mph to take in the scenery and let the breeze fill your car. However, this speed apparently wasn’t fast enough for the car behind you, who closed the half mile between you in about 10 seconds. As you approached the large curve at Eastern Ave., you maintained your speed but the “race car” behind you wasn’t going to slow down.

You could hear his engine rev as—without warning—he swerved into the oncoming lane in an attempt to pass you. That’s when it happened. A northbound car suddenly appeared around the bend causing the race car to swerve into you. Unfortunately, this was a poor attempt to avoid an accident, as not only did you wind up crashing straight into his front, but the oncoming car collided right into his rear causing all three of us to twist 90 degrees and come to a halt in a mass of crumpled steel.   

The kicker? You could hear the race car driver swearing and yelling that it was all your fault.

Determining “Passing” Fault 

In 99 percent of all cases, the motorist being passed has the right of way—no matter how slowly they may be going. Exceptions may include if he was driving erratically or dangerously, and safety was a concern, or if he broke down in the middle of the street, forcing you to go around him.

If you’re in a collision, due to a motorist attempting to pass you, you’ll most likely not be at fault. Whether or not he misjudged the oncoming traffic, swerved—or caused the oncoming traffic to swerve—into you, or cut over too closely, the fault lies with him.

Exceptions to the Rule

  • If it was determined that you swerved into him whilst he was passing.
  • If you intentionally sped up to close the gap whilst he was merging back over.
  • If you attempted to pass the car in front of you, whilst the car behind you was already passing.

Areas to Be Specifically Aware of for Reckless Passing

  • Unmarked curves.
  • When making left-hand turns—especially when signs or lights aren’t present.
  • Expressway on-ramps.
  • “No Passing” zones.

*A “No Passing” sign is generally posted around curves or hilly areas because the line of sight may be obstructed and the distance between you and oncoming traffic may be hard to determine. Therefore, for your own safety (in addition to following traffic laws), you should never attempt to pass in a “No Passing” zone.

When passing another vehicle, always make sure that it is legal and safe to do so. Make sure you’re not in a “No Passing” zone, that the lane is clear ahead, and that the car you’re passing knows that you’re passing (use a turn signal to indicate intentions). Otherwise, you could not only be seriously injured, but you could also cause and be liable for a traumatic accident.  

Contact us today if you’ve recently been injured in a passing accident. We’re here to help you get your life back on track. We offer free consultations to discuss the particulars of your case and help you determine if you’re eligible for injury and damage compensation. Don’t let someone else’s mistake ruin your life. Call now!

How do I get compensation for my whiplash?

After your fender bender on Cameron, besides being a little shaken up, you felt fine. The EMT cleared you of any permanent injury, so you didn’t worry about any damage. However, after a few nights of restless sleep and pain, you decided to make an appointment at Holy Cross.

After a brief examination, your doctor informed you that he needed to perform some diagnostic tests (MRI, X-ray, and CT scan) because he believed you were suffering from a severe case of whiplash—which may be causing further complications. Whiplash? Seriously? But the EMT cleared you. You agree to the tests out of precaution but you have no clue how you’re going to pay for them.

So, what’s your next step? What do you have to do in order to get compensation for an injury that you didn’t cause and how do you make sure you’ll be getting the compensation you need for treatment, especially since it was originally misdiagnosed after the accident?

Steps to a Settlement

Whiplash, or symptoms of whiplash, may not be immediately present. This is why it is extremely important that you monitor your neck, head, and spine for any signs of pain or soreness following a collision. Once you’ve determined that you may have whiplash as a result of the previous collision, you must take the proper steps to not only get treatment, but to get compensation as well.

  • Medical treatment and diagnostics. Having your whiplash professionally diagnosed and treated will help provide evidence for your claim, in addition to making you feel better
  • Document medical expenses and recovery costs. Once you have your injury diagnosed, it is important to make sure you have copies of all receipts, documentation, and referrals for treatment and care. This evidence will help determine the value of your settlement, as well as help your lawyer argue your claim.
  • Contact a lawyer. Although this may not be the first step, it is the most important. An experienced lawyer can walk you through your claim, file it for you, as well as fight to make sure you’re not lowballed or exploited.
  • File a claim. Whether you do it on your own, or have your lawyer file for you, you won’t receive compensation until you file your injury claim.

When it comes to car accidents and whiplash claims, it’s always best to file as quickly as possible. The faster you file, the more evidence can be procured by your lawyer and details of the accident will be better remembered to show cause for a settlement—resulting in higher compensation. Don’t delay, if you’ve recently been in an accident that has caused you severe whiplash or other injuries, contact us today for a free consultation. We’re here to help you get the best settlement for your injuries and the compensation you deserve.

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Should I carry special tools in case I am in a bridge accident?

It is an average spring day and you and your family are headed back from a long day, so you decide to take the Beltway. As you approach the middle of the Wilson, you see a car come barreling up behind you. Before you can react, it crashes into the car behind you, pushing it— as well as your car—into the car in front of you. Now all three of you are headed straight toward the side barrier and potentially the Potomac. With a deafening crunch, your car comes to a full stop as it smashes through the barrier, barely keeping you from falling into the river by pinning your car between itself and the other two cars.  

You make sure everyone is okay as you attempt to unbuckle and get out of the car. Unfortunately, all of your family’s buckles are stuck and the doors will not open. What do you do?

If you have access to the proper safety tools, you will be able to free yourself and your loved ones without the need to panic. However, if you are caught off guard and don’t have these necessary tools, your entire family could be at risk.

Don’t be caught off guard!

Emergency Safety Tools You Should Always Keep on Hand

You never know what may happen in an accident—you could become trapped, submerged under water, or suffer serious injuries before rescue crews are able to get to you. However, if you are caught without the tools you need, your injuries could become worse or even fatal. The following is a list of important tools to have on hand:

  • A well-stocked first aid kit.
  • Scissors and a Swiss army knife can help deflate airbags to give you more room to maneuver, aid in loosening belts or restraints (especially with car seats), allow you to pry doors open, and equalize pressure by gradually letting water in (if submerged).
  • Belt Cutters also allow you to free yourself and children from unresponsive restraining devices.
  • Window breakers provide an exit when doors are smashed or unresponsive.
  • Flashlights can not only help you find exits, surfaces of water (submerged), and help you see what you’re doing during a rescue attempt, but can also allow you to find and help others who are in distress.
  • A heavy non-flammable blanket can aid in putting out carriage fires until help arrives.
  • Small flotation device to aid children if they become submerged.

Don’t gamble on your safety—keep a well-stocked emergency kit in your car. It is important to keep it accessible at all times to help prevent an accident from becoming tragic.

Protect your family by sharing this page with them via Facebook or by telling them to contact us directly to discuss any concerns they may have about a recent accident or injury. The consultation is free, but the advice may be priceless.

Aren’t adults exempt from Maryland’s backseat seat belt laws?

No, they are not, thanks to recent changes in state law. Though Maryland already has a great record for seat belt use, the state decided to up the ante one more time last fall. As of October 2013, all passengers must be buckled in every seat at all times. Previously, only children 15 and younger were required to buckle up in the backseat.

The backseat seat belt law is considered a secondary offense, meaning that an officer cannot pull over a vehicle just because he or she suspects a backseat passenger is unbelted. However, seat belt use in the front seat is a primary offense, meaning that an officer can pull over a car solely on the grounds of an unbuckled driver or front seat passenger. At that time, the officer can then issue additional tickets for any unbelted backseat passengers.

The fines for failing to follow the seat belt law are $83 (court costs included) per unbuckled person. Adults receive the tickets themselves, but a driver receives the ticket for any minors in the vehicle. In other words, a driver who is traveling with minors can be fined $83 for failing to buckle up himself and another $83 for each unbuckled minor in the vehicle.

The Maryland Highway Safety Office started a Toward Zero Deaths campaign in an ambitious attempt to reduce the number of traffic deaths to—you guessed it—zero. Seat belt use in Maryland was in the top 10 nationwide with the old seat belt laws, and state officials hope the high seat belt use will continue under the new laws, further reducing the number of traffic deaths in Rockville and throughout the state.

If you found this article helpful, you may also enjoy reading our library and blog sections for other articles related to auto accidents.

Who was at fault for injuries I received in a multiple-vehicle crash on the Beltway and why is the investigation taking so long?

Any time multiple vehicles are involved in an accident, you can expect the investigation process to take longer and be much more complicated. That’s simply because it takes longer for investigators to sift through all the evidence and determine exactly how the accident occurred. When it’s all said and done, more than one person may be partially responsible for causing the accident that left you injured.

Accidents occur in a matter of seconds, giving victims and witnesses little time to process exactly what they saw. When multiple vehicles are involved, the scene is that much more chaotic, with so much happening in such a short time frame that witnesses’ reports may conflict because they didn’t all see the entire chain of events. Add the fact that one or more of the drivers may be less than truthful regarding their involvement in the crash, and reconstructing the scene can be a huge headache for investigators.

Once the police investigation is complete, going after the at-fault person, or people, may be a whole new headache of its own. With more than one person potentially responsible, you can expect the insurance companies to play the blame game in an attempt to minimize the payout expected from their company. This can be extremely frustrating when you’re dealing with serious injury and in need of a sizeable settlement to pay your medical bills.

When you’ve been hurt in a chain-reaction crash on the Beltway or a multiple-vehicle crash on 270, you can expect the investigation and negotiation process to take longer than usual. You may need to enlist help from an experienced Maryland accident attorney who knows how to get the most for your injuries. For more information, we invite you to call our office directly to set up your initial consultation or to request your free copy of our book, 10 Tips to Get the Maximum Compensation After a Maryland Auto Accident.

Why is it important to know whether the person who caused my car accident was distracted at the time of the crash?

Most car accidents can be prevented. In fact, the National Safety Council estimates that driver error causes or contributes to as much as 90 percent of all car accidents nationwide. This means that the driver who caused your crash could have done something differently to prevent the accident and your resulting injury.

Knowing the underlying cause of your crash is key to determining how best to pursue a potential personal injury lawsuit when you’ve been hurt in a car accident on the Beltway or anywhere else in Maryland. For example, any of the following would be pertinent information to your personal injury case:

  • The driver was drunk or drugged when he or she hit you.
  • The driver suffered a medical emergency just before the crash.
  • The driver failed to obey traffic laws.
  • The driver was distracted.

You should know that some driver distractions are actually illegal. For example, as of October 2013 it is against the law for all drivers in Maryland to talk on a handheld phone while behind the wheel or to text while driving. The only exception is to call 911 in case of an emergency. If the driver who caused your crash was engaged in any of these illegal activities while driving, that may affect the amount of compensation that you are allowed to recoup because it shows a disregard for the law and others’ safety.

For more information on what to do following serious injury in an accident in Maryland, we encourage you to request your free copy of our book, 10 Tips to get the Maximum Compensation After a Maryland Auto Accident. We also invite you to check out our other articles to learn more about distracted driving.

What is a “survival action” lawsuit and how does it relate to a wrongful death claim in Maryland?

If you’ve heard both terms, you may very well be confused. In actuality, these are two different types of lawsuits. Since the same attorney may be able to help you with either claim, the two are often joined together under the more generic (and more easily understood) “wrongful death” term.

Technically, a survival action claim in Maryland is a lawsuit brought on behalf of the deceased after he or she has died. This claim seeks to recoup damages for the following:

  • Medical expenses from the time of the accident to the time of death
  • Compensation for the victim’s anguish, pain and suffering until death
  • Cost of funeral and burial expenses

A survival claim is more typical in a case where the person injured suffered for days or weeks following a Maryland car crash before succumbing to injuries.

A wrongful death lawsuit, on the other hand, is specifically intended to compensate the closest family members for their loss. The parents, spouse or children of the deceased may pursue a wrongful death claim on their own behalf. This type of a lawsuit focuses on the pain and suffering that the family members have undergone from the loss of companionship of their loved one. It may also be used to seek damages for actual expenses, such as the funeral and burial costs for their loved ones.

An experienced Maryland auto accident attorney can help you determine whether you are better off seeking a survival action or wrongful death claim. In some cases, you may be able to pursue both. For more information, start a live chat now or fill out our online form to request a free consultation.

What compensation will I get for injuries I received in a road rage incident in Maryland?

In general, any time you are injured in a car accident that you did not cause, you are eligible to recoup damages for all of the following:

  • Current medical expenses
  • Future expected medical expenses
  • Damage to your vehicle
  • Lost wages due to time away from work
  • Additional compensation for any change in your quality of life (especially if due to a permanent injury)
  • Additional compensation for your pain and suffering 

There is no set amount of compensation you will receive for any particular injury. Every settlement agreement varies. Two nearly identical accidents can have completely different outcomes based on the seriousness of the injuries incurred.

Of course, you will not get any compensation for a Maryland car accident if the other side convinces the judge or jury that you caused the crash. Perhaps the most crucial component to winning your personal injury claim following a serious road rage incident in Maryland is to prove your innocence. This state’s adherence to the contributory negligence rule can make it difficult for victims to recoup damages, particularly when there is any doubt as to how the accident occurred.

When you’ve been hurt in a road rage incident, you can expect a lot of heated arguments about just how exactly the incident started. The other driver will no doubt believe that you instigated or heightened the situation that led to the crash. You may need an attorney’s help to prove that you did not retaliate and therefore did not in any way contribute to the cause of the accident. Failing to do so could result in losing your claim entirely. To see how we can help you, start a live chat now.

How do I get compensation for Post-Traumatic Stress Disorder or other anxiety issues stemming from a Maryland car crash?

When you’ve suffered serious physical injury in a Maryland car crash, it’s normal to experience temporary feelings of anxiety and fear as you deal with the physical pain and memories of the accident. However, when these feelings continue months after the crash, it’s quite possible that you are suffering from a mental issue triggered by the traumatic event.

Mental issues stemming from a car accident are just as real and deserving of compensation as any physical injury. If you’ve suffered emotional or mental trauma, you have the right to demand compensation. You may be able to recover damages to help pay some of your medical expenses if you’ve been diagnosed with any of the following triggered by a Maryland car accident:

  • Post-Traumatic Stress Disorder
  • Another anxiety disorder
  • Panic attacks
  • Depression

Medical expenses you may incur include appointments with a therapist to help treat the mental disorder, as well as counseling appointments to talk through the emotional trauma. You may be cured in weeks, or it may take months before you find the right solution for you. In addition to payment for your medical expenses, you may also be able to recoup extra compensation for your “pain and suffering,” a legal term used to loosely describe the emotional trauma an accident victim suffers.

A skilled Maryland auto accident attorney can help you negotiate a favorable settlement to compensate you for the pain and suffering you underwent following your accident. To set up an appointment for a free initial consultation, call Nickelsporn and Lundin today at 800-875-9700. In addition to experienced legal help, we also have a registered nurse who can help make sure that you are getting the medical treatment you need to help you take back control of your life.

How do I know who is at fault for injuries I received in a Maryland car-versus-bike accident?

When it comes to determining who is fault for serious injuries that a bicyclist has sustained in a Maryland car accident, it may seem simple enough to assume that the driver of the vehicle is at fault. However, that is not always the case. Who is at fault for your Maryland bicycling accident will depend largely on what traffic laws were in effect at the time of the accident.

For example, if a bicyclist is injured while attempting to turn left in front of a car, then the bicyclist may very well be at fault. However, if the accident occurred at a four-way stop, and the bicyclist stopped before turning, then the driver may be at fault. A police investigation will determine if any traffic laws were broken and, therefore, who was at fault.

Maryland state law requires bicyclists to follow the same laws as motor vehicles and drivers to treat bicycles the same as other vehicles. As such, police will consider all pertinent traffic laws to determine who was at fault for causing the collision and therefore the injuries. If there is any doubt as to who caused your accident, you should talk with an attorney who can help prove your case and keep you eligible for compensation for your injuries.

If you’ve been injured in a Maryland bicycling accident with a car, you are likely dealing with serious injury. To see how we can help you recoup damages and get you back in control of your life, call the experienced Maryland auto accident lawyers of Nickelsporn and Lundin today at 800-875-9700. We offer all potential clients a free initial consultation.

What can I do if I don’t believe the police are correct about who caused my Maryland car accident?

Police investigators are skilled in obtaining witness reports, surveying the accident scene for pertinent details, and reconstructing the scene to determine how the accident likely occurred. However, police are not perfect, and even the best cops can get it wrong occasionally. If you believe that the police account of what led up to your accident is not accurate, then you may need to enlist help from an experienced Maryland car crash lawyer.

It is possible that the police have missed a crucial piece to the puzzle and do not have all the information they need to correctly determine what happened. For example, any of the following can lead to a faulty police investigation:

  • A person involved in the accident or a witness to the crash withheld pertinent information.
  • A witness lied about what he saw.
  • Someone tampered with the accident scene before police arrived.
  • The officer misinterpreted something that was said or seen.
  • The officer at the scene conducted a rushed or incomplete investigation, or is dishonest.
  • The accident was a hit-and-run, leaving police with fewer available details.

If you disagree with what the police are saying happened during your Maryland car crash, then you should talk to an attorney who has the resources and ability to help you track down the information you need to prove your side of the story. There is often more than one version of a story; you may need a little help digging up the truth if you believe the police have the wrong information. For a free consultation, call Nickelsporn and Lundin today at 800-875-9700.

How do I get compensation for Maryland car accident injuries if I was injured in another state?

Laws regarding car accidents and injury compensation claims vary from state to state. When you’ve been injured in a car crash while traveling in another state, you may be unsure what the best way is to get the compensation you need to pay for your medical expenses and pain and suffering. You have two options when dealing with a car accident injury from out of state:

  1. Hometown Attorney – Choosing a lawyer close to home is easy because you can visit the attorney’s office directly. Plus, they may be more familiar with your particular car insurance company. They may not, however, be familiar with the laws of the state in which the accident occurred.
  2. Local Attorney – Because each state has its own laws regarding car accidents, it can be helpful to consult with a lawyer from the state in which the accident occurred. For example, if you are from out of state and were injured in a Maryland car crash, you should know that our state follows “contributory laws.” This means that anyone who contributed to the cause of the accident is ineligible for compensation for injuries received in the crash. For that reason, it’s crucial that you prove your innocence in the accident in order to get the compensation you deserve for your injuries.

Whether you are a Maryland resident who was injured while traveling out of state, or you were a tourist who was injured in a Maryland car accident, we can talk with you to help you determine the best plan of action for your personal injury lawsuit. To set up an appointment for your free initial consultation, call the Maryland auto accident lawyers of Nickelsporn and Lundin at 800-875-9700.

How often do residential car accidents in Maryland end in serious injury?

The seriousness of an accident, whether it occurs on a busy highway or in a quiet, residential area, depends on numerous factors, such as:

  • The type of vehicles involved
  • The speed at which the vehicles were traveling
  • Whether any pedestrians were involved
  • Type of injuries suffered

Type of Vehicles

It’s no secret that a bigger vehicle is more likely to cause serious injury than a small vehicle. A crash involving a semi-truck and a compact car, for example, may very well leave the occupants of the smaller vehicle seriously injured. Similarly, a motorcyclist is much more likely to suffer serious injury in a crash that might otherwise be considered minor.

Speed of Vehicles

A low-speed car accident between two vehicles is not likely to involve serious injury. However, if one of the vehicles was speeding, that fact could drastically alter the seriousness of the crash.

Pedestrians

When a pedestrian or bicyclist is involved, serious injury is much more likely to occur. A pedestrian who is injured in a crash is just as deserving of compensation as anyone else.

Type of Injuries

Some injuries are naturally more serious than others. While a broken leg is definitely painful, it may not cause as much damage as a broken vertebrae or damage to the spinal cord, for example.

If you’ve been involved in Silver Spring accident or Rockville crash and are unsure whether or not your injuries are worthy of pursuing a lawsuit, you should speak to an attorney. The skilled Maryland car accident lawyers of Nickelsporn and Lundin will provide you with a free initial consultation to see if we can help you pursue a Maryland personal injury claim. Call today at 800-875-9700.

If a lower drinking and driving limit would decrease the number of Maryland drunk driving accidents, then why isn’t everyone in favor of the idea?

Not everyone is in favor of lowering the legal BAC limit because not everyone agrees that a lower blood-alcohol content limit would significantly decrease the number of Maryland car crashes.

What is not under dispute is the fact that the current number of drunk driving accident fatalities—about 10,000 each year, nationwide—is too high. Though the number is half what it was in the early 1980s, everyone agrees that more needs to be done.

However, there is significant disagreement as to what exactly should be done and how effective the National Transportation Safety Board’s recent proposal for a lower BAC would be. 

Most people seem to agree that the proposal would not deter hardcore drunk drivers—those who have been convicted of drunk driving before and simply don’t care about other people or the consequences of their actions.

A lower BAC then would mostly target social drinkers. Some people argue that the proposal would simply turn otherwise responsible adults into criminals while doing nothing about the real problem of hard-core drunks.

The NTSB disagrees, estimating that the proposal would still save roughly 1,000 lives a year.

Not surprisingly, those involved in the liquor industry are unhappy about the proposal. Some argue that the proposal would seriously harm the industry without significantly affecting the number of auto accidents in Maryland and throughout the nation.

The Mothers Against Drunk Drivers organization has not yet endorsed the proposal. The president said that the group is focused on other measures that they believe would be more effective in eliminating drunk driving entirely.

Anyone who has been the victim of a Maryland drunk driving crash or lost someone in a similar crash deserves to be compensated. For more information, call the Silver Spring accident attorneys of Nickelsporn and Lundin at 800-875-9700.

How do I know if the driver who caused my Maryland auto accident has a history of making bad choices on the road?

Maryland’s Department of Motor Vehicles keeps track of moving violations for all registered drivers through use of a statewide “point system.”

When a driver is convicted (not just charged) of any particular violation, a certain number of points are put on that driver’s official driving record. Points vary based on the type of violation. Some of the more common infractions include the following:

  • Driving under the influence of alcohol or drugs: 12 points
  • Driving with a suspended or revoked license: 12 points
  • Unlawfully using your driver’s license: 12 points
  • Loaning or borrowing a driver’s license: 12 points
  • Driving while impaired by drugs or alcohol: 8 points
  • Reckless driving: 6 points
  • Driving without a license: 5 points
  • Driving without proof of insurance: 5 points
  • Driving alone with a permit: 5 points
  • Participating in a speed contest: 5 points
  • Speeding at least 20 miles over a 65-mile-per-hour speed limit: 5 points
  • Failing to yield: up to 5 points, depending on the situation
  • Speeding at least 10 miles per hour over the speed limit: 2 points
  • Failing to stop at a stop sign: 1 point

Anyone who accrues five to seven points in any two-year period is required to attend a special Driver Improvement course. A driver who amasses eight to 11 points in a two-year period will automatically have his or her license suspended, and 12 points earns the driver a revoked license.

If you’ve been the victim of a Maryland car accident, it’s easy to find out whether the at-fault driver has been convicted of driving infractions before. If so, this may affect the amount of compensation you can recoup. For a free consultation with an experienced Frederick accident attorney, call Nickelsporn and Lundin at 800-875-9700.

The driver who caused my Maryland car accident violated a traffic law. How can I use this to my advantage?

First, keep in mind that a Maryland personal injury lawsuit is considered a civil case, not a criminal case. This is an important distinction because the two courts have very different goals.

In a criminal case, the prosecutor is typically a government entity out to prove that the accused broke the law and therefore is subject to the fines or jail time typically associated with the crime in question. The fact that the law was broken is at the crux of a criminal lawsuit.

In a civil case, the victim of an accident brings a personal complaint against the responsible person, alleging that injury or damage occurred to the victim due to the actions of the defendant. The goal of a civil case is to get compensation for the injury and any associated damages (such as medical bills).

While it is necessary to prove that the other person is at fault in a civil case, it is not necessary to prove that the defendant broke the law. In fact, it is possible to have a personal injury lawsuit where no law was broken.

With that said, if you do have proof that the other drive broke the law, you may very well get a higher settlement. This is because the fact that the law was broken points to willful carelessness by the defendant.

If you have been seriously injured in a car crash in Maryland, you should speak to a lawyer about filing a civil lawsuit. An experienced Maryland car crash lawyer can help you put together a convincing argument to get you the best compensation possible.

For a free consultation, call Nickelsporn & Lundin at 800-875-9700.

Why doesn’t Maryland abolish contributory negligence if so few other states use it?

While most states have moved away from contributory negligence in favor of a standard that awards compensation based on a percentage of fault, Maryland remains entrenched in the contributory negligence camp.

Both judges and legislators have repeatedly upheld the current standard, though there have been numerous attempts to do away with it.

Most recently, the Maryland Supreme Court heard arguments in Coleman vs. the Soccer Association of Columbia, et. al. In this case, 20-year-old Kyle Coleman was injured when a part of a soccer goal post fell on him.

Lesser courts determined that Coleman contributed to the accident by holding onto the crossbar as he entered the goal and therefore did not deserve any compensation. He appealed the verdict and the Supreme Court heard arguments this past September.

The higher court has not yet issued a verdict in that case, but even if it does rule in favor of the victim, that is only one court case. Getting the law itself changed would still be an uphill battle.

The court does play a big role in enforcing the concept of contributory negligence, but it is actually up to Maryland legislators, not the judges, to change the law. So far legislators have quelled numerous attempts to introduce bills that would change the standard. They believe that contributory negligence is still better because it:

  • Avoids frivolous Maryland car accident lawsuits
  • Keeps insurance premiums low
  • Encourages people to be alert in order to avoid personal injury in a Maryland accident

Those in a position of power don’t seem ready to do away with contributory negligence anytime soon. In the meantime, victims must learn how to work in a system that makes recouping damages far more difficult than in most states.

For that reason, it’s all the more important that you have an experienced Maryland accident lawyer representing you in any accident where you were injured. To see why we’re the right law firm for you, call Nickelsporn & Lundin at 800-875-9700.

Is it true that what I say on Facebook can be used against me when I was the victim in a Maryland car accident?

Yes. What you post on Facebook, Twitter, and other social media outlets has the potential to become evidence in the courtroom. This does not necessarily mean that what you post on these sites will be used in the courtroom — just that it is a possibility.

In order for this information to be used, a lawyer must request that it be subpoenaed and entered as evidence into a specific lawsuit. It is up to the judge’s discretion as to whether the posts in question appear to be relevant to the case.

Anything you say about the accident or your injury may be considered relevant. For example, if you tweeted minutes before the accident that you were rushing home after a few drinks, this could definitely be valid information. If you posted on Facebook that you were in an accident the other day but weren’t hurt, that could definitely be used against you—even if you later saw a doctor for an injury resulting from the Maryland car accident.

Facebook is not the first communication venue to be allowed in the courtroom. In fact, lawsuits regularly use evidence from a variety of sources including:

  • Phone messages 
  • Text messages 
  • Emails 
  • Blogs 
  • Letters

If you think that what you wrote on Facebook or another form of recorded communication may be a detriment to your Maryland personal injury lawsuit, then you should talk to an attorney to see what you can do to minimize the damage.

The experienced Maryland accident attorneys of Nickelsporn & Lundin offer a free consultation and will let you know what we can do to help you retain access to the compensation you deserve for your injuries.

Are complications resulting from a Silver Spring car accident covered by car insurance in Maryland? And is there a limit to how much compensation I can receive?

Quite frankly, the answers to these questions depend on the quality and expertise of your attorney.

While there isn’t a designated settlement amount that the law allows the victim of a Maryland car accident to get for specific injuries, insurance companies have their own idea of what is allowed.

Often, the insurance company’s maximum amount offered is not enough to cover all of the victim’s expenses that may include:

  • A trip to the emergency room
  • An extended hospital stay
  • Surgery
  • Physical therapy
  • Repeat hospital stays for medical complications
  • Lost wages or income
  • Revisions to your home required to accommodate a new lifestyle
  • Treatment for post-traumatic stress or issue resulting from the accident
  • Compensation for pain and suffering

While the insurance company may offer a limited amount of compensation, you have every right to sue for more. An experienced Silver Spring car crash lawyer will pursue all avenues to get you additional compensation, including directly from the person responsible for the accident.

At Nickelsporn & Lundin our goal is to make sure that you are compensated for all expenses resulting from injuries you received in a car accident that was due to someone else’s negligence.

To see why we’re right for you, give us a call at 800-875-9700 to schedule a free consultation. We will review your case and help you determine your next step of action.

How can I tell if faulty tires played a key part in causing my Silver Spring car accident?

It’s no secret that top tire producers have had some serious issues with tire recalls in Maryland in the last few years. Common tire defects include:

  • Tires literally falling apart at the treads
  • Tires losing air much too rapidly
  • Tires that are overheating and causing serious blowouts
  • Tires that were inflated too much/little by the manufacturer

When tires fail to do their job on the road, the end result can be a serious Maryland auto accident that leaves you injured and questioning the reliability of auto manufacturers.

How do you know if your tires were the issue leading to your accident and resulting injury? If you filled out and returned the warranty card for your tires, then you should have been notified of any potential defects or recalls in that particular brand and batch of tires. 

However, if you did not fill out the warranty card or suspect that you might have missed the memo on bad tires, you can check the recall lists yourself. The National Highway Traffic Safety Administration frequently puts out news releases on all auto recalls and offers consumers a link to Safe Car’s online search for all tire recalls.

If you already know your tires were bad at the time of your accident, you should talk to an experienced Silver Spring accident attorney who can educate you on your rights and options. You might be able to recoup damages from the tire manufacturer to help pay your medical bills. For a free consultation contact Nickelsporn and Lundin at 1-800-875-9700.

Under what circumstances is it important to hire a Maryland car accident attorney for my personal injury claim?

It never hurts to talk to a Maryland car accident attorney about your circumstances, but there are a few times when it is particularly crucial:

When the Cause of the Crash Is Unclear

Because Maryland is a contributory state, it is important that you can prove you did not cause the accident. Otherwise, you may not be able to recoup any damages. There are numerous factors that could be under dispute, including whether speed, weather, or blind spots were possible contributors to the crash. An attorney can help prove that you were not the cause of the accident.

Your Injuries Are in Doubt

If the insurance adjuster doubts that your injuries are real or that they were in fact caused by the Maryland auto accident, then you should hire an attorney to protect your rights. You deserve to be fully compensated for all of your injuries.

The Insurance Adjuster Refuses to Work With You

Some insurance adjusters are better at working with victims of Maryland car accidents than others. If you are dealing with an insurance adjuster who refuses to budge in the negotiation of your compensation, then you might want to consult an attorney regarding your options.

If you’re not sure whether a lawyer can help you, call the skilled attorneys of Nickelsporn and Lundin at 1-800-875-9700 for a free consultation. We will listen to your story and let you know if it is in your best interest to hire a lawyer.

Can a Maryland car accident attorney help me prove that the speeding driver who hit me was at fault for the accident?

Yes, an experienced Maryland car accident attorney knows how to find the evidence necessary to prove your case. Information that will help prove your case includes:

  • A police accident report, including any citations for speeding
  • Witness testimony
  • Photos of the accident scene and the vehicles
  • Doctor’s assessments that your injuries were due to the accident

If you prefer, it is possible for you to do much of the legwork yourself. For example, you can request an accident report from the police or try to talk to witnesses on your own. 

However, an attorney skilled in Silver Spring crashes is likely to get better results in gathering all of the information thanks to their resources and years of experience. An attorney also will know how to take that information and use it to prove your case in a convincing, foolproof lawsuit.

This is especially important if the other driver is accusing you of somehow causing the Maryland car accident in which you were injured. Your attorney will try to prove that it was the other driver’s speeding, not your actions, that in fact caused the crash.

Are you wondering if you have a case worth pursuing? Call the experienced attorneys of Nickelsporn and Lundin at 1-800-875-9700 for a free estimate. We can help you determine if you are eligible for compensation and help you prove your case so that you can receive the damages you deserve for your injuries.

As a qualified Rockville accident attorney, what is your opinion on whether I should ask my doctor for an estimated cost of my injuries?

It’s a good idea for you and your attorney to have an educated guess on how much your medical bills will cost. This will help your attorney determine how much money you should demand from the person who caused your injuries. Your doctor is the best person to ask how much your medical bills could be.

However, an estimate is just that: an estimate. As such, it is a number you should not share with the other person’s insurance company until you have discussed it with your own Rockville accident attorney.

Keep in mind that the defense will latch onto the cheapest amount you name and may be unwilling to go higher once you’ve mentioned it. Should medical complications arise that increase your bill, you don’t want to go back and ask for more money. It’s best to keep quiet about any specific amount and refer all questions to your attorney.

Also, the doctor’s estimated bill is only a part of the compensation cost. Your attorney will factor in additional costs, such as:

  • Transportation costs to and from the doctor’s office
  • Physical therapy
  • Any loss of income
  • Legal fees
  • Damages for personal suffering incurred from the Maryland auto accident

As always, talk to an experienced Rockville personal injury lawyer before agreeing to any compensation amount. To get an expert’s opinion on your case, call Nickelsporn and Lundin at 1-800-875-9700 today.

Can a Maryland car accident lawyer help me get compensation for my injuries if bad weather contributed to the crash?

In most cases, yes, a skilled lawyer can help you recoup damages, even if weather was a factor in the crash in which you were injured.

While weather certainly contributes to serious Maryland auto accidents, it is generally not the only factor in a crash. It is common for an accident to have several contributing factors, with weather being only part of the problem.

Here are some examples:

  • A driver is blinded by the sun and runs a red light, hitting you in the process. 
  • A driver traveling directly behind you rear-ends you on a wet, rainy day.
  • A driver speeding down the highway on a snowy day hits a patch of ice and smacks into your car.

In each of these examples, weather was a factor. However, the at-fault driver still had a hand in causing the Silver Spring crash. The human error, whether intentional or not, was a contributing factor, which means you have the right to demand compensation from that person.

An experienced Maryland car accident lawyer can help you determine what factors might have contributed to your accident, including human errors. This, in turn, will help you get the compensation you need to pay your medical bills.

If you are not sure that you can prove any factors other than that weather contributed to your accident, you should talk to an attorney who knows how to investigate a crash. He or she can help you prove that weather was only part of the issue. 

The skilled Silver Spring attorneys at Nickelsporn and Lundin know just what to look for to prove your case, so give us a call today at 1-800-875-9700.

How can a Rockville accident attorney help me when the insurance agent is accusing me of faking my whiplash injury?

It’s bad enough that you have to deal with the pain of a Maryland car accident injury because some other driver failed to pay attention to the road. It can be downright insulting to have the insurance agent who is responsible for paying your medical bill accuse you of faking your injuries simply to save his or her company a few dollars.

Insurance agents are often skeptical of personal injury claims. They will almost always do their best to downplay the seriousness—and therefore the cost—of any Rockville car accident injury for which their company is expected to pay.

This is especially true when it comes to whiplash. The prevailing idea regarding this injury is that it is often exaggerated or not a real injury at all. That couldn’t be farther from the truth.

Whiplash is indeed real and very painful. Serious cases of whiplash do require medical attention and therefore deserve monetary compensation.

A skilled Rockville accident attorney can help you prove that your whiplash injury is real. The lawyers at Nickelsporn and Lundin will make sure that you:

  • Obtain the doctor’s diagnosis needed to prove your injury;
  • Receive medical treatment from a knowledgeable doctor; and
  • Recover compensation to pay for the necessary treatment.

If you or a loved one has sustained a whiplash injury in a car accident, you shouldn’t have to fight for your rights alone. Call Nickelsporn and Lundin at 1-800-875-9700 and let us fight for you. Request a free consultation today.

How can a Maryland car accident lawyer help me get adequate compensation for injuries I received in a drunk driving accident?

Maryland operates on a contributory negligence basis when it comes to auto accidents. In short, contributory negligence means if you were at all responsible for the Maryland car crash in which you were injured, you will not receive any compensation at all for those injuries.

This makes it much harder for victims of a crash to recoup the damages they deserve. You can expect the insurance company, which would otherwise be responsible to pay for your injuries, will do its absolute best to prove you were somehow at fault for the accident in order to save the company money.

When that happens, you should consider contacting an experienced Maryland car accident lawyer who will fight to protect your rights as a victim. The attorneys at Nickelsporn and Lundin know how to get the proper evidence to prove:

  • That you were not at fault for the Maryland auto accident in which you were injured;
  • That your injuries are real; and
  • That your injuries are a significant financial burden deserving of sizeable compensation.

When you have our skilled attorneys on your side, you can rest assured that the insurance company won’t take advantage of you or make you out to be the bad guy for an accident in which you were a victim. 

You don’t have to face the insurance company on your own. Talk to an attorney who knows the ins and outs of the legal process. We can help prove your case and get you adequate compensation for your injuries.

To make sure you get the money you deserve, give us a call at 1-800-875-9700 or fill out our online form.

Do I need a Maryland car accident attorney in order to get a fair settlement for my car accident injuries?

No, you are not required to hire an attorney. Anyone who has been injured in a Maryland car crash can negotiate a settlement without any legal help. Whether or not the settlement you receive will be adequate depends on the insurance company with whom you are working.

Theoretically, the insurance company will take an objective look at your injuries and offer you a settlement based directly on your medical bills. In reality, insurance adjusters often lowball the victims in order to save their own company money.

When you negotiate on your own, you may very well fall victim a second time— this time to a stingy insurance adjuster who is intent on minimizing your compensation. 

When you have a skilled Maryland car accident attorney on your side, you are more likely to receive a favorable settlement. Your attorney knows the tricks of the trade that insurance adjusters attempt, and how to use that knowledge in your favor.

For example, an experienced attorney knows how to get the necessary evidence that will prove:

  • That you were not responsible for the Maryland auto accident in which you were injured;
  • The extent of your injuries and their monetary cost;
  • Any future medical bills that you expect and their estimated cost; and
  • The reality and extent of your pain and suffering, which will further increase your compensation.

The right attorney will know what your injury is worth and will fight for that compensation, holding out and even going to court to ensure that you receive a fair settlement. So, who is the right attorney for you?

The skilled accident attorneys at Nickelsporn and Lundin have experience representing hundreds of auto accident victims. We will fight for the compensation you deserve. For more information or a free consultation, call our offices today at 1-800-875-9700.

What qualifies as a Maryland distracted driving accident, and how can a Maryland car accident lawyer help me get compensation if Ive been hurt in such a

A Maryland distracted driving accident is basically any accident in which the driver who caused the crash did so because he or she was momentarily distracted from the road. Typical causes of a distracted driving accident include:

  • Calling on a cell phone
  • Texting with a cell phone
  • Programming a GPS device
  • Fiddling with the vehicle’s radio, CD player or DVD player
  • Reading the newspaper or a magazine
  • Putting on makeup in the car
  • Eating or drinking while driving

While most of these distractions are not actually against the law, the local police may charge the person responsible for the crash for either negligent driving or for driving while distracted if any one of these distractions was the cause of the crash. You should also know that texting while driving is illegal in Maryland and therefore carries even more serious consequences for the negligent driver.

This is not a problem to be taken lightly. According to one projection, this year alone one in 30 accident victims will end up in the hospital as a result of distracted-driving crashes related to cell phones.

An experienced Maryland car accident lawyer knows how to handle these cases and can make sure that you get adequate compensation for any injuries you received in the accident. If you or a family member has been the victim of a Maryland distracted driving accident, call our offices at 1-800-875-9700 to see how our skilled attorneys can help you win your case.

At Nickelsporn and Lundin, we care about the safety of our clients. Please drive safely and do your part to prevent another Maryland auto accident caused by distracted driving.

According to a Maryland car accident attorney, when should I get my vehicle fixed after Ive been hurt in a Maryland auto accident?

If you’ve been hurt in a Maryland car crash, it’s important to preserve any potential evidence that could be used in a Maryland personal injury case. This includes your damaged vehicle.

For this reason, it’s important that you don’t get your vehicle fixed until an experienced Maryland car accident attorney has had a chance to see this crucial piece of evidence. Your attorney will want to inspect the vehicle in order to determine the point of impact, where the most damage occurred and if there were any defective parts in the vehicle.

A good attorney knows the importance of taking photos of all evidence, including:

  • Your vehicle, before it’s fixed
  • The location of the accident, focusing on any skid marks or damage to nearby signs, trees, etc. from the crash 
  • Your physical injuries, before the bruises fade

Other evidence that your attorney will want copies of may include:

  • The police report from the accident
  • Any charges filed against those involved in the crash
  • Any written or audio reports from witnesses or others involved in the accident

As you can see, there is a lot involved in a Maryland auto accident case. If you’re unsure of what to do next, you should contact a skilled Maryland car accident attorney today at 1-800-875-9700. The lawyers at Nickelsporn & Lundin have experience representing those injured in car crashes and know how to help you preserve this important evidence for your Maryland personal injury case.

Can you be charged for Maryland road rage, and if so can I use that information against the person who caused my Silver Spring accident?

Yes, road rage is actually considered a criminal offense. If the person who hit you was charged with road rage in the incident, then that is pertinent information and may increase the amount of compensation you receive for injuries sustained in a Silver Spring accident.

You should know that road rage is frequently accompanied by charges of assault and reckless endangerment. In some cases, the other driver may have chosen to flee the scene of the accident, in which case they may also be charged with a hit-and-run accident.

An experienced southern Maryland accident lawyer will know to look for any criminal offenses that could boost your personal injury case. However, it is still helpful for you to tell your lawyer all you know about the accident, including any charges that you believe may have been (or should have been) made.

Road rage incidents often involve extra legal issues, so it’s a good idea to contact a southern Maryland accident lawyer at 1-800-875-9700. The attorneys at Nickelsporn & Lundin are skilled in these types of accident cases and can help you get the most for your injuries.

Do I have just reason to sue if my child was injured by the seat belt in a Silver Spring car accident?

We rely on seat belts to protect us from serious injury in Maryland auto accidents, so it’s understandable that you would be hurt and angry if your child sustained injury that was actually caused by the seat belt in an accident.

Whether or not you have just reason to sue depends on whether the seat belt was being used properly or not. Unfortunately, in many cases, the seat belt causes injury because it is improperly adjusted for the child’s weight and height or the child was too small to be using a regular seat belt instead of a booster seat.

However, there are also cases in which the seat belt causes injury because it fails to work correctly. Children’s undeveloped bone structure and small size make them especially susceptible to injury of the internal organs when a seat belt fails to do its job. In that instance, you may have the right to sue for compensation.

To see if your case is worth pursuing, talk to one of our experienced Silver Spring accident attorneys today by calling 1-800-875-9700.

Who pays the funeral expenses in a Maryland wrongful death accident?

If you have recently lost a family member in a Maryland auto accident, you may find yourself overwhelmed with grief and funeral preparations. You may also be stressed with the added cost of an unexpected funeral.

While nothing can bring back your loved one, you may be able to recoup some of the costs incurred in his or her death.

The person responsible for the Silver Spring accident that caused your loved one’s death should pay for the costs of their funeral in addition to any other damages you might receive.

If you have lost a loved one in a tragic Maryland accident, our Silver Spring injury lawyers can help. Contact our office today to schedule your free consultation. 

Insurance adjusters make me nervous. Do I have to talk to them about my Silver Spring accident?

That depends on whose insurance adjuster is calling. As a general rule, you are required to talk to an adjuster from your own insurance company since they are trying to help you.

However, you are not required to talk to the other driver’s insurance company. In fact, it’s best if you don’t. Because they are out to help their own client, they are more likely to second-guess your story or try to trick you into saying something you might regret later. 

If you are uncomfortable talking to an insurance adjuster regarding your accident, politely decline to comment and contact an experienced southern Maryland accident lawyer for help on what to do next.

How do I know I'm getting an adequate settlement for my Silver Spring accident injuries?

It can be difficult for the average person to determine whether or not the settlement they are being offered is enough. Since no two injuries are the same, there’s not exactly a set formula that lays out what you should expect.

That said, your settlement should cover all your medical expenses. This is why it’s best to wait until you have a decent idea of how much those bills will be before agreeing to a settlement. If you have any permanent damage or require long-term care, determine a care plan (and corresponding expenses) with your doctor before negotiating with the insurance adjuster.

Your settlement should also cover any property damage done to your vehicle.

Finally, you may be able to recoup extra money for what’s known as “pain and suffering.” Pain and suffering compensation is the insurance company’s way of acknowledging that this has been a difficult time for you and that you did not deserve to go through such an ordeal. This is by far the most subjective part of your settlement.

Am I able to get compensation if I were injured in a Maryland hit and run?

The short answer is yes, although the compensation might have to come from an alternate source if the responsible driver cannot be found.

In some cases, the person injured is able to provide the police with enough information about the other driver so that the other driver can be tracked down.

If that does occur, the responsible party will be charged with a hit-and-run accident, which is a criminal offense. The hit and run driver will also be required to give the police their insurance information so that you can submit a claim against them.

If the other driver cannot be found, nearly all Maryland car insurance policies have a provision allowing you to get compensation for your injuries and property damage through your own policy’s uninsured motorist policy. This should not affect your insurance premium.

If you are still having problems getting adequate compensation, however, consider talking to a Silver Spring accident attorney who can provide the help you need.

What if I can't pay my medical bills following a Maryland auto accident?

Depending on the circumstances of the car accident in which you were injured, the medical bills may not be yours to pay.

If you did not cause the accident, then you should not have to pay the medical expenses at all. The person who caused the accident that injured you is the person responsible for your medical bills. You have the right to demand compensation to pay those expenses.

This includes both your current medical bills and any future medical bills that are associated with the injury. For example, if you have been seriously injured and are facing surgery, months of physical therapy, or a lengthy recovery, all of this should be covered by the at-fault person’s insurance.

Of course, it can be difficult to assess what your future bills will be. It’s OK to delay settlement of the case until you have a better idea of the actual total cost.

An experienced Rockville car accident attorney can also help you determine how much money to request for your injury.

Do all Maryland auto accident personal injury claims end up in court?

No. In fact, most personal injury cases never make it that far. It’s more common for the parties involved to come to an agreement on a fair settlement out of court.

However, if you are not happy with the settlement the insurance adjuster is offering, you may want to prepare for a court battle.

This is where help from an experienced Rockville accident attorney can be critical. Ironically, once you have an attorney on your side, you are more likely to be able to avoid lengthy court proceedings.

This is because knowledgeable injury lawyers, such as those at Nickelsporn & Lundin, have extensive experience negotiating personal injury cases. They can often get you the additional compensation you deserve without having to go to court.

That said, our attorneys are fully competent to handle your case in a court of law and can guide you through the process step by step should it go that far.

Can I still sue for a Maryland car accident injury even if I was not wearing a seat belt?

Yes, you can. Whether or not you were wearing a seat belt does not change the fact that you sustained serious injuries in a Maryland auto accident and that you deserve compensation for those injuries.

In fact, according to Maryland state law, this information is irrelevant in a personal injury case. This is because failing to use a seat belt is considered a criminal offense; therefore, seat belt use is only permissible evidence in a criminal case. Since a personal injury case is a civil case (not criminal), seat belt usage is considered irrelevant. An attorney in a civil case is not allowed to ask whether or not you were wearing your seat belt at the time of the accident.

You can think about it this way- your attorney’s job is to prove that the other party was responsible for the accident and therefore responsible for your injuries. If they had not been negligent, you would not have been involved in a crash and injured. Whether you were wearing a seat belt or not has nothing to do with the other party’s negligent driving.

The other party is not allowed to argue that you would not have been injured if you had been wearing a seat belt. Above all else, you would not have been injured if they hadn’t caused a crash! The statute clearly states that using or not using a seat belt is not admissible evidence in court. Do not let your failure to use a seat belt prevent you from trying a personal injury case.

What evidence do I need to prove my Maryland car accident case?

Every piece of evidence can be helpful, so obtain as much as possible.

Photos of the accident scene are a must. These will help prove how the accident occurred and which driver was at fault.

Pay attention to detail. For example, skid marks on the road can tell a lot about the crash. You should know that some faint skid marks (called impending skid marks) disappear within a couple days, so it’s important to get photos of them right away.

Take photos of the vehicles from every angle to show where the point of impact occurred.

Photos of any visible injuries you have will also be helpful, since these outward signs will fade with time.
If you can, save the clothing you were wearing on the day of the accident. Ruined clothing can tell a story, from rips and tears in the fabric to blood stains from your injuries.

The car itself can be a huge piece of evidence. If it has already been taken to a police impound or wrecking yard, talk to a Rockville personal injury lawyer to see how you can make sure the evidence is preserved.

The more evidence you have, the better the chances will be of winning your case.

Is there any way I can get compensation for injuries or property damage I received in a hit-and-run accident in Maryland?

Yes. If you or a family member have been involved in a Maryland hit-and-run accident that resulted in injury or vehicle damage, you can still be compensated through your own insurance company.

Your insurance company will treat the hit-and-run accident the same way they would treat an accident caused by an uninsured driver.

Maryland drivers are required to have uninsured motorist coverage on their insurance policy. The standard coverage is $20,000 for personal injury per person ($40,000 maximum for the same accident) and $15,000 for property damage. A few policies allow higher maximums.

However, if the accident is serious enough that the medical expenses for you or a family member exceed these limits, you may want to enlist the aid of an experienced Maryland accident attorney.

A qualified Rockville lawyer can help you find ways to recoup additional damages so that you don’t have to pay for an accident that was not your fault.

What if Im in an accident and the other driver doesn't have insurance?

First, don’t be shocked if this happens to you. The reality is that many people do drive without insurance or have let their auto insurance policies lapse. If you have an accident with an uninsured driver, you may be able to collect compensation from your own insurance policy through your under-insured or uninsured motorist (UM or UIM) coverage. But most people don’t carry nearly enough UM/UIM coverage to protect them in the event of a serious accident. If you have questions about what UM/UIM coverage levels you should carry, please call our office and we’ll be glad to help.

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