Top Driver Distractions that can cause Car Accidents

October 8, 2013 By

Distracted driving or drivers has/have become one of the most common factors causing car accidents. Cell phones and other electronic devices are everywhere, and within arm’s reach most of the time, and let’s face many of us cannot resist the urge to wish to read or respond right away. These devices can be a major distraction while driving. Many states, including Maryland and the District have, no texting and hands-free laws now. Even without a cell phone, a driver needs to consciously avoid distractions in order to drive safely and avoid car accidents. Before, the cellphone and GPS devices, it was struggling to eat that hamburger and balance the Coke while driving, but mobile devices have more than exaggerated the temptation to become distracted.

The National Highway Traffic Safety Administration says in 2011, more than 3,000 people were killed in auto accidents caused by distracted driving.

There are many ways a driver can become distracted and cause a car accident. Some of the most common driver distractions include:

  • Texting
  • Cell phone use
  • Eating
  • Applying makeup or grooming
  • Reaching for something in the car
  • Reading, such as a map
  • Having a conversation
  • Thinking about work, a fight, or something else that is demanding your concentration

These distractions can cause life-altering car accidents and devastating injuries. If you were injured by a carelessly distracted driver, you deserve compensation for your injuries.

If you are searching for an experienced and aggressive Maryland car accident attorney, please contact the Law Offices of Stuart L. Plotnick, LLC to schedule a consultation. We represent clients in Virginia, Maryland, and Washington DC.

Filed Under: Blog

What are the Elements of a Personal Injury Claim?

October 4, 2013 By

Each personal injury case is a little different, but there are certain elements all of these cases have in common. In a personal injury lawsuit, the attorney must show that the four basic elements of a negligence claim are present:

  • You were owed a duty by the defendant e.g. the other driver; or there was a standard he/she had to meet
  • The defendant violated the duty owed to you; failed to meet the standard which caused the accident
  • You sustained a misfortune or other loss e.g. property damage, personal injuries, etc.
  • Your accident was caused by the violation of duty

A duty is some responsibility owed to you, and the responsibility is legally recognized in the relationship between you and the defendant. For example, traffic laws governing setting a speed limit creates of duty as to how a driver must operate his vehicle in terms of speed in a certain stretch of the road.  Medical practices and procedures create  duties and standards of care that a doctor owes his patient when treating them i.e. do certain patient symptoms require certain tests to be done.

It’s important to note that the presence of these elements in your case does not always guarantee compensation, as their can be other causes of accident or the Defendant may have a legitimate reason for not meeting the duty e.g. a deer ran out in front of my car, however our firm will investigate and fight aggressively for compensation on your behalf should it be appropriate.

If you or a family member suffered a severe injury because of someone else’s negligence and want to know if you have a personal damage claim, please contact the Law Offices of Stuart L. Plotnick, LLC to schedule a consultation with our experienced Maryland personal injury attorney. We also serve the areas of Virginia and Washington DC.

Filed Under: Personal Injury

Do I Have a Wrongful Death Claim?

October 3, 2013 By

It is a tragedy when a loved one dies because of another person’s negligence. While nothing can bring your loved one back, an experienced Maryland wrongful death attorney like Stuart L. Plotnick may be able to help you recover economic compensation for expenses associated with the accident and additional money to provide your family with some economic stability during this difficult time.

A wrongful death occurs when a person dies due to the negligence or misconduct of another person or company. This particular type of suit can only be made by an immediate family member who depends on the deceased person for financial support. This typically includes spouses, children, parents, and siblings.

In order to make a claim for compensation, three factors must be present:

  • Negligence: You must be able to prove the negligence of the other party. For example, in an automobile accident, you must demonstrate that somebody else was at fault for the death of your loved one.
  • Injuries resulted in death: You must show that the death of your loved one was a direct result of the severe injuries sustained during the accident. Even if the death does not happen immediately; if injuries suffered during the crash ultimately resulted in death, you must prove that this is the cause of death.
  • Damages: You must demonstrate that you suffered economic loss as a result of the death, such as medical or funeral expenses.

If you have lost a loved one because of the negligence of someone else, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Maryland wrongful death attorney. We represent clients in Virginia, Maryland, and Washington DC.

Filed Under: Personal Injury

How to Pick Your Virginia Car Insurance

October 3, 2013 By

Each state requires drivers to carry car insurance. As an experienced Virginia auto accident attorney, Stuart L. Plotnick knows the importance of having good insurance, and we have a few tips for finding the best car insurance for you.

  • Do your research. Most companies will give you a quote online if you fill out their questionnaire. If not, they should have a customer service number you can call. Sometimes getting a quote and asking questions over the phone is even quicker than online.
  • Get quotes from more than one place. Most insurance these days is competitively priced. Shop around to make sure you’re getting the best deal on the coverage you need.
  • Know the coverage types. Do you know the difference between liability and collision coverage? Sit down with an insurance professional and get them to explain what each type of coverage means and how it would benefit you.
  • Understand how your vehicle affects your premium. Not all cars are created equal. Insurance companies charge higher premiums for some cars, especially SUVs.

To learn more about how you may be able to recover compensation for your injuries after your car accident, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Virginia auto accident attorney. We represent clients in Virginia, Maryland, and Washington DC.

Filed Under: Personal Injury

Dangers of Tailgating

October 1, 2013 By

Being tailgated by another vehicle can be a frightening experience. It can leave you feeling scared for your safety because it doesn’t allow room between cars to react to changes in traffic. As a Virginia accident lawyer, Stuart Plotnick has seen tailgating lead to too many rear-end accidents.

As a general rule, you should allow at least a one-car gap between yourself and a car in front of you in the city and a two-car gap on the interstate. When someone speeds or drives aggressively and closes that gap, they are tailgating, often coming within inches of another car’s bumper.

Accidents caused by aggressive driving are increasing at an alarming rate. If you have been a victim of one of these accidents, Stuart Plotnick can investigate your accident claim, develop your case to prove negligence, and fight to get you the full compensation you deserve.

If you or a loved one has been injured in an accident by an aggressive driver tailgating, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Virginia accident attorney. We represent clients in Virginia, Maryland, and Washington DC.

 

Filed Under: Personal Injury

Hospital errors

September 30, 2013 By

When you check into a hospital, you put your trust in the doctors and staff for your medical care and safety. Unfortunately, in many instances that trust is misplaced as hospital errors committed by staff during the course of your stay can lead to worsening of your illness and in some cases result in death. Washington DC medical malpractice attorney Stuart Plotnick helps victims of hospital errors understand their rights and legal options to pursue compensation for their injuries.

Hospital errors can take many forms – from doctors failing to wash their hands between patient procedures and interactions, to the use and re-use of unsterilized equipment, to nurses and other staff failing to monitor patients. Bacterial and fungal infections to the blood, urinary, and respiratory systems of the body, such as the MRSA virus, are a is leading cause of many hospital injuries and deaths.  The Centers for Disease Control and Prevention (CDC) estimated roughly 1.7 million hospital-associated infections, from all types of bacteria combined, cause or contribute to 99,000 deaths each year. Other estimates indicate 10%, or 2 million, patients a year become infected, with the annual cost ranging from $4.5 billion to $11 billion. In the USA, the most frequent type of infection hospital-wide is urinary tract infection (36%), followed by surgical site infection (20%), and bloodstream infection and pneumonia (both 11%). Over one-third of these events are largely preventable, however they commonly occur because many hospitals do not provide the resources that doctors and their staff need in order to care for patients in a safe and effective manner. Hospital employees may lack:

  • Sufficient training
  • Effective supervision
  • Necessary resources

Without these, the level of care you receive can fall way below the accepted standard of care that a hospital should provide. Often this is the result of the owners of the hospital trying to increase their profits.

If you or a loved one has been a victim of a hospital error, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Washington DC medical malpractice attorney. We represent clients in Virginia, Maryland, and Washington DC.

Filed Under: Personal Injury

Using hands-free devices is not risk-free

September 27, 2013 By

A new study conducted by the AAA Foundation for Traffic Safety suggests that even hands-free devices can be dangerously distracting to drivers. Researchers report that in-vehicle technology will likely increase by five-fold by 2018. Although hands-free technology can make drivers feel like they are being safer and more responsible, it may contribute to an increase in distracted driving accidents.

Dr. David Strayer and his team at the University of Utah conducted the research by measuring brainwaves, eye movement and other metrics as drivers performed common tasks, such as talking on the phone and answering voice activated emails. The team discovered that as cognitive distractions increased, reaction time decreased. Drivers did not scan the roadway sufficiently and missed visual cues of potential hazards.

Applied to the real world, this means that drivers engaged with their hands-free devices may not register important objects like stop signs, red lights or even pedestrians in the road. An increase in the use of hands-free devices could mean an increase in auto accident injuries.

If you or a loved one has been seriously injured by a distracted driver, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Maryland auto accident attorney. We represent clients in Virginia, Maryland, and Washington DC.

Filed Under: Personal Injury

What you should do after a car accident

September 8, 2013 By

No one plans to have a car accident. It can be a frightening and very stressful experience that leaves you injured and wondering what to do next. Maryland car accident attorney Stuart Plotnick offers these tips to help you protect your rights:

  • Call 911. Assuming the accident is more than just a minor fender-bender with no injury, call the police and fire department to the scene. Everyone involved should be checked out by a medical professional.
  • Medical treatment: Your health and well-being is the first priority after any accident. If you are injured or just do not feel right after the accident, go to the hospital in the ambulance or as soon as you can.  Get evaluated and follow all instructions from the doctors.
  • Collect information. You’ll need the other driver’s name, contact information and insurance information. You’ll also want to talk to witnesses and get their contact information.
  • Take photos.  To protect yourself and in order to preserve any important images of the scene, damage to the vehicles, and/or injuries to persons involved, take photographs immediately if you are able.  They can often be the key to resolving a dispute or proving some aspect of the accident or injury at a later date.  Today, if you have a cell phone, you usually have a camera.
  • Record details. Although the police report will contain much of the key information about the accident, write down all of the details you can remember as soon as you can. The closer in time you do this to the accident, the more details you will be able to remember and record.
  • Don’t admit fault or sign anything. Talk to the investigating police officer and your doctors.  But do not discuss the accident with the insurance company or lawyers for the other driver.

If you have been injured in a car accident, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Maryland auto accident attorney. We represent clients in Virginia, Maryland, and Washington DC.

Filed Under: Personal Injury

Determining Liability and How to Preserve Evidence After Your Auto-Accident; Act Fast!

August 30, 2013 By

Proving legal liability in a car accident case can be challenging, and car insurance companies only make it harder by working to minimize their losses and  not pay the injured party what they deserve. Virginia auto accident attorney Stuart L. Plotnick is dedicated to helping victims of car accidents recover the compensation they need.

The party “at-fault” in the accident is generally the party who will be obligated to pay for the property damages and medical bills of the other party. If that person was obviously negligent, for example, if they were speeding or ran a stop sign, then proving your case is much easier. If other factors contributed to your accident, such as road or weather conditions, it can be more difficult to determine who is liable because this gives the other a driver an excuse. Further, in states such as Virginia the rule of contributory negligence can be a real challenge.  The rule holds that even if the defendant or responsible driver was ninety-nine (99%) at fault, but the injured party was only one (1%) percent to blame, the injured party loses and cannot make any recovery at all. Totally unfair, but true!

It’s important after any car accident to seek medical treatment if necessary and gather as much information at the scene. Your health and recovery are always the priority; however, if you are able yourself, or with the assistance of a friend or family member, get photographs of the scene, your injuries and damage to both cars, get contact and insurance information for the other driver, contact for witnesses, the police officer and any other key information, as possible. The more evidence you have about the circumstances of the accident and the sooner you get it, the more likely it is to be preserved, and  the better our investigation can be of  your case.

If you or a loved one has suffered injuries in an accident, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Virginia auto accident attorney.

Filed Under: Blog

Types of Personal Injury

August 23, 2013 By

When you are injured in an accident, it’s hard to know what the next steps are. With the help of Maryland personal injury attorney Stuart Plotnick, you can pursue the compensation you need for recovery and get your life back on track.

Many people think of an accident attorneys when they have a car accident, but an accident attorney handles a wide variety of cases, including:

  • Medical malpractice
  • Slip-and-fall accidents
  • Dog bites or other animal attacks
  • Sports injuries and concussions
  • Defective and dangerous products

Any time you suffer a damage and it is the fault of another person, you may be able to recover compensation. Meeting with an accident attorney is the best way to determine if you have a valid claim against another party. As soon as you are aware of the injury, you should contact an attorney because there are time limits on how long you have to bring your injury lawsuit.

If you or a loved one has been injured by the negligence of another, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Washington DC injury attorney. We represent clients in Maryland, Virginia, and Washington DC.

Filed Under: Personal Injury

Choosing Your Personal Injury Attorney

August 16, 2013 By

Choosing your personal injury attorney is one of the most important decisions you’ll make about your mishap case. Your choices can seem overwhelming in the Maryland and Washington DC area, but when you know what to look for in a good personal accident attorney, your decision will be easy.

Look for a lawyer that you trust. You want someone to answer your questions about your case honestly, and you want someone who can explain what to expect in plain English. If you don’t feel comfortable with your consultation, you won’t feel comfortable with your representation.

You should also look for an attorney who has the experience you need. If you’ve been injured in a motorcycle accident and your attorney has never handled a motorcycle accident case, then you should keep looking. You want your accident attorney to understand the legal strategies that will work best in your case.

Lastly, look for an attorney that will give you the personal attention you need. Too often clients are shuffled off on junior associates that don’t have the experience you want in your representation. Make sure your attorney will be personally handling your case. You want them to be as personally invested in your settlement as you are.

If you or a loved one has suffered a personal injury at the hands of someone else, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Maryland personal injury attorney. We represent clients in Maryland, Virginia, and Washington DC.

Filed Under: Blog

Cell Phone Searches by Police for Distracted Driving Car Accidents

July 31, 2013 By

In an effort to combat the rising numbers of car accidents and injuries caused by distracted driving, the New Jersey legislature is considering a bill that would allow police to confiscate driver’s cell phones at the scene of accident if they have “reasonable grounds” to believe the driver was texting or talking when the crash happened. By all accounts this move is one of the first of its kind by law enforcement and other states are expected to review similar laws.

Maryland and Washington DC have already banned the use of handheld devices while driving, but New Jersey is taking it a step further in considering allowing police to search the driver’s cell phone for evidence. Police officers would be required to give the phone back to the driver after searching its texting and call history.

Opponents of the bill say the proposed law will face constitutional challenges for authorizing unlawful searches. “Probable cause” is generally required before police are allowed to conduct searches, especially for such a personal device as a cell phone, which is not only confiscation of the device itself, but the personal and private information or data usually stored on it about or concerning the owner.

Whether New Jersey is successful in passing this law and cutting down on distracted driving, it is clear from the 3,000 distracted driving deaths and 387,000 injuries reported in 2011 that something must be done to keep our families safe on the American roadways.

If you have been a victim of an accident involving distracted driving, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Maryland car accident attorney. Our office is conveniently located in Rockville, Maryland.

Filed Under: Blog

How long do I have to file a personal injury claim?

July 1, 2013 By

If you have suffered a personal injury at the hands of someone else, you shouldn’t delay in contacting a Maryland personal accident lawyer for a consultation about your possible claims. Statutes of limitations enacted by each state govern how long you are able to file a claim before your action is barred.

  • Maryland – most personal damage cases in Maryland have a 3 year limit from the time of injury to file your case.
  • Washington DC – also generally gives the injured person 3 years to file a claim.
  • Virginia – only 2 years are allowed to lapse before an injured person’s claim is barred.

If you do not file within the allotted time, you will not be allowed to pursue your personal injury claim, and you cannot recover damages from the defendant. And to file for damage protection benefits under your own policy the timeframe is usually shorter; for example a year in Maryland.

Remember that not all cases are alike, and there can be exceptions to the rules. When you’ve been injured in an accident, it’s best to consult an accident lawyer as soon as possible to see if you have a claim to recover compensation for your injuries.

If you or a loved one has been injured by someone else, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Maryland personal injury lawyer.

Filed Under: Blog

Pit Bull Debates in Maryland General Assembly

June 4, 2013 By

Last year, the Maryland Court of Appeals handed down a decision labeling pit bulls as “inherently dangerous.” A victory for dog bite victims and dog bite lawyers alike – this label means that owners and landlords are automatically held responsible for any injuries that their pit bull causes.

The General Assembly however, isn’t sure that the label should stick. They are expected to debate legislation during this session that would prevent any breed of dog from being labeled “inherently dangerous” by the state.

Dog bites cause personal injury to almost 5 million people each year. Those victims can recover compensation for their injuries much more easily if the legislature allows the state to categorize pit bulls as inherently dangerous. Without the inherently dangerous label, victims of dog bites and their dog bite lawyers will have to prove the negligence and liability of the pet owners and landlords, making it a much longer and difficult process to receive compensation for dog bite injuries.

Pet owners should be held responsible for dog and animal attacks. At the law offices of Stuart L. Plotnick, we are following this legislative debate closely. We are ready to fight for the victim’s rights and get you the compensation you deserve for these injuries.

If you’ve been injured by a dog bite, please contact the Law Offices of Stuart L. Plotnick for your free consultation with an experienced Maryland dog bite lawyer.

Filed Under: Blog

Cardiac Malpractice

May 31, 2013 By

Causing nearly 600,000 deaths a year, heart disease is the leading cause of death in this country. Unfortunately, the problem is often made worse by doctors and other medical professionals who don’t identify the signs and symptoms in some patients as heart related.

Medical malpractice lawyers see the same practice mistakes leading to cardiac injury time and again. These include:

  • Misdiagnosis or late diagnosis, especially in younger patients. Doctors are often reluctant to take heart disease warning signs seriously because they think the patient is too young to have a heart attack.
  • Surgical error. All surgeries come with risks, but the chance for medical malpractice makes them even more dangerous. For example, using a cardiopulmonary bypass machine for too long during heart surgery can result in complications for the heart, lungs, kidneys and brain.
  • Medication errors. Errors with medication can occur during prescribing, transcribing, dispensing, administering or monitoring your medication. There is a lot of room for human error in getting the correct medication for your cardiac health issues.

Medical malpractice lawyer Stuart L. Plotnick is committed to making negligent doctors acknowledge and pay for their mistakes. When you are concerned about your heart health, you want to know that a doctor is providing good medical care and not endangering your life with substandard practices.

If you or a loved one has suffered cardiac complications because your doctor has been negligent in your care, please contact the Law Offices of Stuart L. Plotnick for your free consultation with an experienced Maryland medical malpractice lawyer.

Filed Under: Blog

Why Do You Need a Medical Malpractice Lawyer?

May 24, 2013 By

When you or a loved one is injured by the negligent practice of a doctor or other medical professional, you can feel angry and betrayed. A medical malpractice lawyer can help you understand what went wrong and seek compensation from the doctor, hospital or their insurer.

Experts Needed

Medical malpractice cases require experts to analyze the care you were given and testify that it did not meet the accepted standard of care in that medical community. Whether it’s a hospital error, surgical error, or misdiagnosis, our medical malpractice lawyers understand the complexity of testimony needed for these types of cases. We can make sure you have the right experts to evaluate your claim.

Time Limits

Because of the technical nature of medical malpractices cases, it’s wise to hire a medical malpractice attorney as soon as you know about the injury. In most states a statute of limitation will apply that enforces a time limit on bringing your case. And in every case, it’s better to start gathering information and investigating the incident as soon as possible.

If you or a loved one has suffered injuries because of the negligence of a medical professional, please contact the Law Offices of Stuart L. Plotnick for your free consultation with an experienced Maryland medical malpractice lawyer.

Filed Under: Blog

Car Accidents in Parking Lots

May 17, 2013 By

Although we often think of parking lots as relatively safe places with slow moving vehicles, these congested areas full of pedestrians and distracted drivers are ripe for car accidents and serious injuries. As a Maryland car accident lawyer, Stuart L. Plotnick has seen client’s lives thrown off course by car accidents in parking lots.

Parking Lots Can Be Deadly

In a study conducted by the National Safety Council’s Journal of Safety Research 2,057 work-related deaths were reported in a ten year period on company parking lots. These are just work-related deaths and don’t take into account other injuries or the thousands of injuries and deaths that occur in shopping center, airport, or other parking lots.

We shouldn’t let our guard down in parking lots. Pedestrians and drivers should treat parking lots with attention and care just as they would an intersection. Car accidents with pedestrians cause more than 70,000 injuries a year.

Avoiding Parking Lot Accidents

Take precautions when driving in a parking lot. Use lower speeds and be aware of your surroundings. Just because you’re driving slowly through a parking lot, doesn’t mean it’s time to pull out your cell phone or send a text.

If you have been injured in a parking lot car accident, please contact the Law Offices of Stuart L. Plotnick for your no-cost consultation with an experienced Maryland car accident lawyer.

Filed Under: Blog

Can I Receive Compensation If I had a Preexisting Condition?

May 10, 2013 By

Yes. Even if you have preexisting injuries, you can recover compensation for injuries you received because of someone else’s negligence. When you first meet with your Maryland personal injury lawyer you should talk about your preexisting condition and how your injuries have worsened.

You Can Still Receive Compensation

Insurance companies often like to bring up preexisting injuries as a defense to paying out what they should for your recovery. But under the law, the negligent party is responsible for aggravation of your condition. The person at fault doesn’t get to benefit by paying less because you were already injured.

For example, if John had a shoulder injury from playing baseball in high school and he got hit by a truck on the highway, he should still be able to recover compensation for his injuries in the truck accident.

Get Help from a Personal Injury Lawyer

Getting a personal injury lawyer to fight for your rights is important in every case. But if you have a preexisting condition, it’s even more critical to have a personal injury lawyer like Stuart L. Plotnick on your side. He’s worked for the insurance companies. He knows what defenses they will try and how to combat them.

If you’ve been injured in an accident, please contact the Law Offices of Stuart L. Plotnick for your no-cost consultation with an experienced Maryland personal injury lawyer.

Filed Under: Blog

What is negligence and can I recover if I am injured?

May 6, 2013 By

Negligence of one party causing personal injury to another is one of the most common and leading causes of accident. Here is my take on an explanation of negligence and how it leads to personal injury lawsuits, which I hope you will understand and appreciate in terms of what your rights may be and whether you need help from an attorney.  I write this because I face these common questions and issues when a new client contacts me about an accident or injury that he/she may have sustained and want(s) to know what their rights are and if and what they can recover.

What is negligence and how is the defendant found to be at fault ? In short, negligence occurs in several ways.  First, you need to accept the fact that we live in a world of rules and regulations as to how we are supposed to interact or “play” with each other.  Negligence occurs when one person does not follow a rule of the game (i.e. legal duty) at all, or they perform the rule or duty improperly and this failure results in an accident to somebody, which in turn gives rise to a claim or lawsuit.    The law holds the person who did not follow the rule to be responsible to the injured party or “Plaintiff” for all injuries, losses or damages  caused by the failure to meet the rule.

Not Criminal; I did not mean to hurt you: In cases of negligence the conduct of the wrong-doer is not intentional.  The wrong-doer usually does not intend to break the rule or hurt anyone, as in criminal cases where the defendant wants to hurt or do harm.  In a negligence case, the defendant usually just did not know the rule, was mistaken about it, or was not paying attention with the level of detail that the rule requires, and as a result did not live up to the standard of action required. That’s why we use the word accident when discussing negligence and personal accident cases.

How do we know if there is negligence:  We live in a society where there are certain laws, rules or regulations, and essentially “codes” of acceptable behavior or conduct that create standards of care which serve as a measuring stick as to how we should act, or not, in almost every situation or activity.     Driving is great example. How often do we drive by the scene of a car accident on the way to work and pause to think about what happened?  The driver of one of the cars had a duty either imposed by the law, an unwritten rule of the road, or common sense to drive his car in a certain manner or standard, but failed to, which resulted in the auto-accident and possibly personal injuries to the other driver.    That duty or obligation may be to stop at the stop–sign, drive at a certain rate of speed, follow at a certain safe distance, keep the car brakes in good working order, or obey some other traffic signal or rule of the road, but due to some reason, which is or is not excusable, the driver failed to live up to this standard or rule, and bang, causes an auto-accident, injuring somebody else .  This same concept that applies to the auto-accident applies to more complicated matters such as a medical malpractice case, where the doctor did not meet the rule/standard e.g. missed something during the patient examination or made a mistake performing a surgical procedure, that is determined, based upon a rule or practice in medicine, to be something he/she should have seen or done.  This failure then leads to some injury to the patient.

Instructions on the back of the lawnmower box or in the owner’s manual can also be evidence of the proper standard of care to use, as can common sense, e.g. don’t touch a stove when it’s hot.

Laws, regulations or common practices are usually a good benchmark in determining negligence:      In many cases we look first to see if there are laws or written rules that apply to the situation in order to determine how we are supposed to conduct ourselves. Staying with the auto-accident example, the proper standard of conduct may come from the traffic laws e.g. the speed limit sign posted where the accident occurred.  In a truck accident, the trucking company’s own driving policies and procedures may be proof a standard and the appropriate conduct.   Finally, if there is no fixed law or standard, we look to what reasonable people would deem appropriate conduct in the situation. This is based upon our everyday experience and common sense.  This is called the “reasonable-man” standard.

Also, there may be different levels of duty for identical situations. For example, there will be different level of duty between the driver of a passenger car and the driver of a tractor-trailer carrying dangerous cargo.  We know that the laws of physics do not apply in the same way as to how such vehicles react under the same conditions (e.g. braking on wet roads), so the driver of the tractor-trailer, because it is harder to maneuver and presents a greater danger if driven improperly, will have to be better skilled and perform with a higher level of precaution when driving.  That’s why he/she must have a special license and training. For example, he will have to apply his brakes a further distance back from the red light in order to stop his truck in time on a highway versus the Honda mini-car.

Second, even though there may not be a particular law that spells out word-for-word what is required of the other driver or the doctor, years of experience and human behavior can also provide guidance as to what the proper standard of behavior or duty in a particular situation should be. We don’t need a law to tell us that ice is slippery, and thus in turn creates a duty on a landlord or property owner to clear the ice or take some precaution to make his sidewalk or parking lot safer when there is ice on it. This is common sense based upon experience (slippery ice leads to falls).  We simply know many things or actions are do’s and don’ts, which can create a danger, based upon experience, and as a result it may trigger a duty to protect against them even when there is no formal law or rule on point.

Assuming I have been injured due to negligence; now what. Is there a case! First, keep in mind that there are exceptions to every rule, including the rules of negligence.  These will be discussed in more detail in future writings, but here are some basics.  Contributory Negligence:  First, your attorney must examine the other side of the coin. There are always two sides to a story.  A key one is, did you have any role in causing the accident that has harmed you.  If you did, you will likely not win your claim.  The law calls this defense or bar, contributory negligence.  Contributory negligence is a harsh and even unfair to injured Plaintiffs because it is not a “majority wins” rule.  For example, in the auto-accident case above, we learn that the driver who was hit in the rear stopped short possibly not giving the other driver sufficient notice or distance to slow down, or the victim changed lanes in front of the Defendant right before the impact.  It is possible that a jury could find that the act of stopping short was not only improper but it too was negligent and contributed to the accident.  The Plaintiff loses!

If you see the ice, you too have to be more careful. The rule is so harsh that it holds that the Defendant can be 99% at fault, and the victim only 1%, but that is enough to defeat the case. Maryland, the District of Columbia and Virginia are several of many states that apply this all or nothing approach to negligence claims.

What if there is no contributory negligence or fault on my part; then do I win?  Well maybe; it depends: In any claim there are two parts the we as lawyers and our clients must examine; who is responsibile (negligence—see above); and what are the injuries or damages caused, if any.  Let’s assume the Plaintiff (Car #1) who is hit from behind was not negligent in any way, so they will win on negligence, the next part of the evaluation becomes are there losses or injuries worth pursuing, and if so, do we any have other issues.  If you just stubbed your toe, well then a lawyer is not likely to take your case because it has no value, whereas if you were severely injured, the value is much greater.  This is the Catch-22.  Would you rather have little or no damage and get little or no recovery, or be able to get a large settlement, but only  because you have been severely injured!  I would hope the first situation, where you are okay and good as new in a few days or weeks.

The world of causation:  Assuming you do have an accident or loss that has some value attached to it, the next question is what we call one of causation.  Did the accident cause your injury or did something else?  Example:  John has had back problems for the last 5 years.  He has had a surgery and is still under the care of doctors for his back at the time of his accident where he is clearly the victim.  He claims an injury to same part of his back that has bothered him for many years.  This is a causation problem.  We have to be able to separate the two injuries, the one from the accident and the one from John’s previous/ongoing back issues. If we cannot, it is an uphill, difficult battle for John because there is another reasonable explanation for his back damage.  Thus, the closer the overlap in time and location between the one accident and the other, the harder the case. Separate body-part: Now on the other hand, if John was under care for his lower back at the time of the accident, and now has problems in his neck (upper back) and left arm, then there is a clearly separate injury caused by the accident. Aggravation of prior injuries:  Let’s use John and his auto-accident again.  If John did have a prior back problem, but it was 10 years ago and there is no treatment or complaints from John for 10 years, and then the accident causes his damage to flare-up all over again, then the law holds the negligent party potentially for what is called an aggravation of a preexisting injury i.e. John was doing just fine until you hit him.  The important factor here is we have a gap in time between John’s past damage and the flare-up.  We can show separation and two distinct timeframes.

I hope this helps. If you have suffered a personal injury due to negligence, or if you need our help with an employment discrimination claim, please contact the Law Offices of Stuart L. Plotnick, LLC today to schedule a free case evaluation with one of our experienced Maryland personal injury attorneys. We look forward to meeting you.

Filed Under: Blog, Personal Injury

Youth Football Leagues Implement New Rules to Prevent Brain Injuries

April 30, 2013 By

For the past 2 years, due to the death and other permanent head and brain injurieshead injury image occurring to various high-profile athletes, many of which are parties to the  pending class action lawsuit filed against the NFL, have officials at the youth  football level taking firm action, which will hopefully lessen and safen the game for our kids.  Officials of The Pop Warner League, the largest youth football organization have changed its rules.

Research over the past few years has sounded alarms about how repeated hits to the head can affect the brains of football players, from young people all the way up through NFL athletes. A condition called chronic traumatic encephalopathy, or CTE, is already a well-publicized concern for ex-football players, particularly in light of NFL players’ Junior Seau and former Chicago Bear safety Dave Duerson’s suicide. Duerson requested his brain be donated for study before he shot himself in the chest; scientists later discovered he was suffering from CTE.

Recent research has found that Owen Thomas, the 21-year-old captain of the University of Pennsylvania football team who committed suicide in April 2010, was in the early stages of CTE. He had never been diagnosed with a concussion.

This spring, Stone Phillips produced a video report for Newshour on a study by a team at Virginia Tech that measured hits in 7- and 8-year-old football players. They found that impacts that measured 40g or greater — when hits start to get dangerous — occurred much more often than expected. And they occurred most often during practice. The New York Times reports that Pop Warner officials decided to change their guidelines for tackling during practice because of a study showing that football players as young as 7 can suffer from collisions as severe as college-level players.

New findings and studies in the area of concussion and brain injury, show that young children, who are still physically developing, are particularly vulnerable to suffering traumatic brain injuries (TBI) and head trauma associated with high-impact or contact sports such as football. About 3,000 children die from brain injuries every year and another 400,000 are brought to the hospital due to brain and head injuries annually.

Pop Warner Little Scholars enrolls approximately 280,000 children ranging in age from 5 to 15 in its nationwide football leagues. More than 285,000 children ages 5 to 15 play in Pop Warner leagues, and they’ve produced two-thirds of the players now in the NFL, according to The New York Times. Pop Warner is the first youth football league to implement across-the-board regulations when it comes to head-injury prevention.

In a press release about the revamp, Pop Warner also reiterated that certain blocking and tackling techniques, including face tacking and spearing, remain prohibited. Pop Warner has banned drills that involve tackling that begins with players more than 3 yards apart, head-to-head contact, or full-speed, head-on blocking and helmet-to-helmet hitting, and only one-third of practice time per week can be devoted to drills that use contact, which breaks down to about 40 minutes per practice. The league is also in the process of updating its website to include easily accessible information about concussions and safety.

Filed Under: Brain Injuries, Personal Injury
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