Articles Posted in Auto Accidents

The general statute of limitations in Maryland is three years, as set forth in Maryland Courts and Judicial Proceedings ยง 5-101. This is the “default” statute of limitations that applies unless another limitations period is applicable. Master Fin., Inc. v. Crowder, 409 Md. 51, 70, 972 A.2d 864, 875 (2009).

I’ve seen statistics that nearly a third of all legal malpractice claims arise out of personal injury lawyers blowing the statute of limitations. How is that? Some lawyers are so disorganized they just miss the statute. But I suspect this is the minority of cases. The main culprits are the most notable exceptions for Maryland personal injury lawyers of these general rules which either apply a different statute of limitations or require notice to bring a claim:

  • Maryland Local Government Tort Claims Act

Shocker: Steeler’s Hines Ward’s arrest for DUI has made it into the Pittsburgh Steelers-Baltimore Ravens rivalry. Who would have thunk it? Ray Rice put on Twitter:

Well it looks like Hines Ward will miss week 1 when the lockout ends DUI charge not a good look.

A Steeler teammate responded sarcastically:

Maryland needs tougher DWI/DUI laws if we are going to reduce the number of drunk driving accidents. Two things come to mind.

First, tougher laws. The Drunk Driving Elimination Act rejected by the Maryland legislature this Spring would have been huge. The bill would have required all DUI offenders to use an ignition interlock. The bill lost after heavy pressure from the Alcohol Beverage Institute. Honestly, I cannot figure out why they would not line up against drivers who do not use alcohol responsibly – DWIs and the number of dead people that result are not exactly a PR boon for the sellers of alcohol. I’m sure there is a self-serving wisdom to it. Or something. But I can’t figure it out.

Another law would have removed the right of repeat DWI offenders to refuse a breathalyzer. Personally, I think that repeat offenders should absolutely be able to refuse a breathalyzer test. But, ah, you lose your license for 5 years if you do.

I found this link from the Daily Record’s blog to a rare Daily Double about spotting a prospective hold out juror; it was both funny and educational. Of course, it would have been a lot more educational if Maryland had a voir dire process that allowed you to actually learn something about the jurors besides their name, rank and serial number.

The voice of car insurance giant GEICO, Lance Baxter (aka D.C. Douglas), the tag announcer who tells you that you can save 15%, has been fired by GEICO after leaving a voicemail for Tea Party group FreedomWorks questioning their intelligence.

In a voicemail to FreedomWorks, he questioned how the group will “spin it when one of your members does actually kill somebody, wondering if you’ve got a PR spinning routine planned for that or are you just gonna take it when it happens.”

Piling political incorrectness on top of political incorrectness, I understand Baxter’s point. The problem with the Tea Party is while it may have some good ideas, they get obscured by the extremists that end up being the face of the movement. GEICO’s view is not so nuanced. Offending anyone means less market share. And I understand that too.

An article that John Bratt and I wrote has been accepted for publication in December in Trial, the flagship publication for the American Association of Justice. The article is about mediations in catastrophic personal injury cases. We finished what I hope is the final draft today.

The Maryland House of Delegates voted to allow speed monitoring cameras in Maryland near schools and highway work zones. The Maryland Senate already approved this bill and Governor O’Malley’s signature is a formality. A few years ago, the Maryland legislature passed similar legislation designed to prevent pedestrian auto accidents but but then Governor Ehrlich vetoed the bill

What does it mean? Maryland drivers pictured going more than 11 miles an hour over the speed limit would get a $40 ticket. That’s it.

The opposition to this bill is Big Brother. Here’s my question: what is more of an imposition, getting pulled over or having someone take your picture? It seems to me speed cameras are just the opposite of an invasion of privacy.