Archives for April 2015

Cycling in Cities – How to Stay Safe

April 29, 2015 By

Amazingly, only 10% of bicycle accidents involve a collision with an automobile. Of those bicycle accidents involving a car, over 50% of them occur at an intersection.  Accordingly, is of the utmost importance to follow all the rules of the road, as that is your best guarantor of safety. A cyclist is considered a vehicle and must follow the same rules of the road as all motor vehicles.

Here are a few tips to stay safe on the road: first, wear colorful, high visibility clothing, and ensure that you have lights on the front and back of your bike to grab the attention of drivers. Second, allow cars to proceed first, even if you have the right of way.  Third, assume that other vehicles do not see you. Many drivers can “zone out” while driving, rendering you all but invisible. Finally, if you are riding on a sidewalk or  bike path be even more careful at intersections, as cars will not always anticipate you being there.

What NOT to do following a bicycle accident:

Following an accident, cyclists almost always do the following, ultimately hurting themselves and their cases. Be sure not to:

  1.  Move.   This is so important: do not move, unless you must in order to avoid further injury (e.g., if you’re in the middle of the road and are fearful that another car might strike you). Try to stay still after an accident, as moving could aggravate or worsen specific types of injuries, especially those involving spinal injuries.
  2. Decline medical treatment.   Following an accident, you may not realize the extent of your injuries, or that you are injured at all. For example, you may have suffered a concussion, but feel only a dull headache, which you might write off as a natural consequence of your accident. It is always worth your while to have a medical professional check you over, just to be safe. It is important not to wait to seek treatment, but to do so immediately after an accident. If you seek treatment several days later, the other party will try to argue that your injuries occurred after the accident.   Protect yourself, and your case, and see a doctor!
  3. Forget to get a list of witness names.   If anyone saw the accident – get their name and contact information. Obviously, the more people who can vouch for what happened and who bore responsibility, the better. Too many times, a case will turn on whether there is a reliable witness. Don’t let your case devolve into a “he said/she said “situation.
  4. Fail to document your injuries with pictures. Given the abundance of phones at the ready these days, there is no excuse NOT to document your injuries. Get pictures of the scene, your bicycle, and your own injuries. The more pictures, the better!

If you have been involved in a bicycle accident, the Law Offices of Stuart Plotnick can help you fight for your rights. Call today for a free consultation, 301.251.1286.

Filed Under: Bicycle Injury, Personal Injury

When Man’s Best Friend Attacks – Dog Bite Law in Maryland

April 23, 2015 By

Dogs have earned the reputation as “man’s best friend.” They can be integral parts of our families, but can also become liabilities when they bite or attack others. Close to five million Americans are bitten by dogs each year, and about one sixth of those bites results in the victim seeking medical treatment for the injury.

The owner of the attacking dog can often face liability based on their pet’s actions. In Maryland, there is a statute that outlines what is a “Dangerous dog.”  A “dangerous dog” is one that, without provocation, has killed or severely injured a person.  Alternatively, it is a potentially dangerous dog that bites a person, when not on its owner’s real property; kills or severely injures a domestic animal; or attacks without provocation.  An owner of a “dangerous dog” must keep the dog securely enclosed on his or her property, or otherwise must muzzle and restrain the dog.  A person who violates statute section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500.Dog Bite pic

The dog owner can also be held liable for the inflicted injury under one of two theories of liability. The first theory is frequently referred to as the “one bite rule,” and applies strict liability to dog bites. It basically holds that if the dog owner knew or had reason to know that the dog had dangerous propensities, then the owner faces practically certain liability. The idea behind this rule is that if the dog had bitten a person before, the owner will be responsible if the dog bites again, because the owner would have then known that the dog had dangerous propensities.

The second theory of liability is negligence, which holds that even if the dog had not bitten a person in the past, the owner will be liable if he or she failed to exercise effective control of the dog in a situation where it could reasonably be expected that an injury could occur. Additionally, there are local laws and ordinances that regulate dog owner conduct. For example, many counties in Maryland have leash laws requiring the owner to keep the dog on a leash when off of his or her own private property. However, if a bite occurred on the owner’s real property and the victim was trespassing, the victim will be unlikely to recover for injuries.

In Maryland, the determination of liability no longer has anything to do with the breed of dog. In the past, a dog bite victim could recover against the owner by establishing that the dog is a pit bull or a cross-bred pit bull. However, in 2014, former Maryland Governor Martin O’Malley signed bill into law that overturned a 2012 Maryland Court of Appeals decision regarding pit bull-type dogs. The new law applies the same standard of liability to all dog owners, regardless of the dog’s breed.

If you are bitten by a dog, there are important steps you should take. To be sure, the first thing to do is to seek immediate medical attention. Moreover, it is important to try to contain the dog that inflicted the injury and figure out how to locate the dog’s owner, if not readily apparent. You should also report the bite to preserve evidence of the injury and also document the injuries with photos.

Finally, you should contact a proven attorney to assist you navigate the confusing insurance landscape. For example, following a dog bite, you might be contacted by an insurance company; they are extremely skillful at soliciting information in a manner that protects their own interests and defeats your claim. Call the Law Offices of Stuart L. Plotnick, at 301.251.1286  for a free consultation.

Filed Under: Blog, Dog Bite, Personal Injury

How Maryland’s Contributory Negligence Law Can Affect Victims of Accidents

April 15, 2015 By

As an experienced personal injury law office, we see a multitude of accident cases each year. Some cases involve accidents that were the fault of just one party, and often involve blatant traffic violations, drunk driving accidents, or distracted driving accidents.

On the other hand, there are many accidents that are not obviously only one party’s fault, which can be problematic for Maryland accident victims. In Maryland, if an accident victim bore some degree of fault in the accident, then the legal principle of contributory negligence comes into play and serves to prohibit recovery for injuries received in the accident.

Contributory negligence can, unfortunately, result in seemingly unfair outcomes. For example, think about the pedestrian who jaywalks and is hit by a driver who ran a red light. In Maryland, that pedestrian would be unable to recovery for their damages, if a jury found that the pedestrian was partially at fault for the accident.

Most states in the United States do not employ contributory negligence, and instead favor “comparative fault.” Comparative fault considers each party’s relative percentage of fault. Once the percentages of fault are established, the victim’s recovery amount is accordingly reduced by their percentage of fault. For example, if the jury found the pedestrian in our example above to be 30% at fault in the accident and he suffered $100,000 in damages, then he could recover 70% of the $100,000, or $70,000.

Establishing Fault in Maryland Accidents

Since Maryland remains in the minority of jurisdictions that uses contributory negligence to determine which accident victims are permitted to recover for their injuries, it remains crucial for accident victims to prove that they are free of any fault.  As a result, it is critical for Maryland accident victims to have an experienced personal injury attorney on their side to make their cases. The Law Offices of Stuart L. Plotnick can help you tell your side of the story and convince a jury that you are without fault in your accident. Call today for a free consultation, 301.251.1286.

 

Filed Under: Car Accident, Personal Injury

6 Important Steps to Take After a Car Crash

April 8, 2015 By

A car crash can rattle the best of us, but staying calm and knowing what to do at the scene can keep a bad situation from getting worse.

Do’s and Don’ts following a Crash

In the minutes immediately following an accident, maintaining your composure is essential. Take the six steps below to protect yourself:

DO:

  1. Move your car to the shoulder, or off the road. If your car is drivable, move it out of the flow of traffic to prevent subsequent accidents.
  2. Call 911 if it seems as if someone needs or requests medical attention.
  3. Exchange information with other car owner: name, contact information, make and model of vehicle, driver’s license number, insurance carrier and policy number.
  4. Take photos or video of the scene and the accident damage, if possible. Be sure to note the time of day and weather conditions.
  5. Report the accident to your insurance company.
  6. Call the police, if necessary. Maryland law does not require you to report every car accident to the police. There are six circumstances in which you are required to report an accident:
  • An occupant of one of the vehicles is hurt;
  • A driver in the accident is drunk;
  • A vehicle needs to be towed;
  • A driver cannot or refuses to exchange information;
  • A driver is not licensed;
  • A driver flees the scene of the collision.

Just as important as knowing what to do following a crash, is knowing what NOT to do. The five steps below can help:

DON’T:

  1. Exit the vehicle until you’re sure it’s safe.
  2. Move any person who may be hurt or injured. Wait for paramedics.
  3. Leave the scene of an accident until you’ve exchanged information with the other driver(s).
  4. Apologize or admit fault, even if you think you’re to blame for the accident. An apology could be used against you later, regardless of whether you were fully responsible.
  5. Share details of your insurance policy — such as coverage limits or deductible — with the other driver.

If you are a Rockville or Bethesda resident, or you live in the greater Metropolitan-Washington D.C. area, and you would like to find out how our experienced Maryland injury lawyer can help you, call (301) 251-1286 to schedule a free consultation today.

Filed Under: Car Accident, Personal Injury

Traumatic Brain Injury Following Car Accidents

April 1, 2015 By

Dealing with the aftermath of a car accident can be difficult under the best of circumstances. Of course, it is essential to receive the proper medical treatment. Traumatic brain injury, or TBI, can be a long term consequence following a car accident. The most common TBI types is a concussion. If you have been involved in a car accident, please follow these tips to ensure that you recognize and treat a TBI properly after your car accident:

  1. Not all TBI’s involve cracked skulls. In fact, your head might not have even hit anything during the car accident. Many brain injuries result from the brain forcefully impacting against the skull during the violent back and forth from the impact (whiplash), followed by brain swelling that reduces or eliminates the supply of blood to brain cells.
  2. Seek medical attention, even if you do not suspect an injury. Oftentimes, those involved in car accidents do not lose consciousness, or “blackout.” A victim of a car accident may initially believe that they are alright, but non-obvious injuries can worsen over time without prompt medical treatment.
  3. Be aware of brain injury symptoms. Note that not all brain injuries can be detected by a medical practitioner upon an examination. Frequently, brain injuries will become evident only following x-rays or MRIs. These tests are may only performed when a car accident victim presents with some brain injury symptoms, which include:
  • Headaches
  • Fatigue
  • Difficulty sleeping
  • Vision issues
  • Mood changes or Depression
  • Disorientation or problems with your normal ability to process information or tasks that were routine before
  • Productivity at work or in other tasks drops off
  • Nausea, to include vomiting
  • Dizziness
  • Memory problems

4.   The Right Doctor:  In some cases, your family doctor, or the doctor you are seeing for your back injury from the accident, is simply not equipped to recognize the brain injury.  If you do not notice something, your family and friends might notice something is off about your behavior.  If you experience any of the concerns or symptoms above, you need to see a neurologist who can perform more thorough testing, e.g. PET Scan  or some other test just to insure that you are okay.

If you have suffered a brain injury following a car accident, even a minor traumatic brain injury, you may have difficulty obtaining compensation for your injuries. An accomplished attorney can be of great assistance in helping you document your injury and demonstrating causation between your injury and your car accident.

For more information, please contact the Law Offices of Stuart L. Plotnick in the metropolitan Washington, D.C. area at 301.251.1286.

Filed Under: Brain Injuries, Car Accident, Personal Injury
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