Articles Posted in Automobile Accidents

The speed limit in Maryland is 65 mph for both rural and urban interstate highways. Despite posted speed limits, there always seem to be plenty of drivers who tear down the highway — with no regard for the law or other motorists’ safety. Speed is a factor in many of the serious Maryland traffic accident cases we handle here at our Baltimore County personal injury law practice.

If it feels like speeding on U.S. interstates and highways has ramped up in recent years — it’s not your imagination.

The Insurance Institute for Highway Safety (IIHS) reported on a recent survey by the National Highway Traffic Safety Administration (NHTSA), which found 14 percent of motorists exceed the posted speed limit by at least 10 mph on limited-access highways. (Known in some states as freeways or expressways, limited-access highways have on and off ramps, are generally separated from residential properties, and have barriers separating traffic traveling in opposite directions.)

Federal regulations require drivers of large commercial trucks, including tractor trailers, to get a certain amount of sleep between shifts, to avoid falling asleep behind the wheel and causing serious truck accidents. No one wants to think that the 18-wheeler roaring up behind them on the Baltimore Beltway might be piloted by a driver who is about to fall asleep.

But what about all the other motorists with whom we share Maryland’s back roads and highways?

A new study by the US Centers for Disease Control and Prevention (CDC) reveals something alarming: 1 in 24 drivers admit to driving drowsy, including actually nodding off behind the wheel. ABC News reports that “…based on a survey of nearly 150,000 drivers in 19 states and D.C. … sleepiness aggravated by shift work and snoring can be as risky as alcohol, slowing reaction times and impairing decision-making behind the wheel.”

As 2012 draws to a close, it’s worth taking a look at a few Maryland traffic laws and procedures. Maryland has received generally good grades from traffic safety advocates. This past year, more counties installed traffic light speed cameras in hopes of deterring accidents at intersections and in school zones. Maryland Highway Patrol is out in force every holiday, seeking to stop and arrest drunk drivers. A new law has been proposed that would add teeth to existing Maryland DUI/DWI laws, targeting offenders who drive drunk with children in the car.

However there’s still room for improvement; 493 people were killed in Maryland motor vehicle accidents in 2010 and thousands more injured (Source: National Highway Traffic Safety Administration, Traffic Safety Facts Maryland 2006 – 2010).

As Baltimore County, Maryland accident injury lawyers, we keep track of existing and new state traffic laws, as they may apply to the cases we handle for clients. Maryland has contributory negligence laws on the books, so if you as an injured party broke any traffic laws when your auto accident occurred – your eligibility for compensation and/or damages may be challenged.

A Howard County soccer player’s injury lawsuit being tried in the high court in Maryland could help accident victims fare better in personal injury lawsuits. However, a Maryland lawmaker may propose a bill to block any changes to the existing laws. At the center of the controversy is something we Baltimore car accident injury attorneys are quite familiar with: The Maryland contributory negligence law.

Maryland is one of four states and the District of Columbia that have a “contributory negligence” law on the books. What this means for you, as an accident victim, is if you’re found to be even a tiny fraction at fault in an accident (e.g., a traffic crash or other accident), your insurance claim can be flat out denied and/or you could lose your lawsuit, at trial.

However the Maryland contributory negligence law is now being challenged in the high court. The Washington Examiner reports that, “A case before the Maryland Court of Appeals could change the requirement, making it easier for accident victims to sue — a change that victim advocates are cheering on.”

Thanksgiving holiday traffic has become legendary in Maryland. Baltimore car accident injury lawyers like us appreciate the travel headaches — and increased risks for motor vehicle crashes — that Maryland motorists endure over Thanksgiving week. Driving this time of year requires planning, patience, and a steady hand at the wheel.

Thanksgiving is the most heavily travelled time of the year in the U.S. We have Baltimore County commuters who work Thanksgiving Eve hitting the roads at the same time as thousands of families are embarking on their holiday road trips. The combination of frazzled commuters trying to get home from work jamming our roadways — along with students, families, visitors, and others trying to get where they need to go — means long traffic delays and short tempers.

Throw unpredictable Northeast weather into the mix and it’s a wonder anyone leaves home at all. That said, the folks at the Maryland Motor Vehicle Administration (MVA) offer a few common sense tips for people who will be driving on Thanksgiving:

The father of a young girl killed in a 2001 motor vehicle accident on Hatem Bridge is suing the State of Maryland for negligence. Despite numerous roadblocks delaying legal proceedings, and the passage of more than a decade, the trial finally got underway this month in Harford County Circuit Court.

According to The Baltimore Sun, the fatal auto crash took place in 2001 on the Thomas J. Hatem Memorial Bridge in Havre de Grace, Md. News reports state that the crash took place on Aug. 10, 2001, during heavy rain. A 12-year-old girl and her step father were driving west on the bridge on Route 40 over the Susquehanna River. The man’s pickup truck reportedly hit water and hydroplaned, swerving into traffic and hitting a Jeep Cherokee. The young girl was killed and the pickup truck driver was pronounced deceased at a Harford County, Md. hospital.

In 2004, the father of the young girl killed in the crash filed a lawsuit against three Maryland state agencies, claiming they “failed to use reasonable care to protect the public” by installing a dividing barrier on the four-lane bridge. Named in the lawsuit are the Maryland Transportation Authority, the Maryland Department of Transportation, and the State Highway Administration.

Hurricane Sandy showed us how quickly weather conditions can go from bad to worse to downright dangerous on Baltimore County, Maryland roadways. Despite weather forecasts and state advisories for motorists to stay off the roads, there are always a few souls who venture out onto the roads into a storm. The combination of wind, rain, water soaked roads, downed trees and power lines, and motorists rushing to get home is a recipe for disaster.

Baltimore County, MD car accident lawyers like us advocate for families when a motor vehicle accident with injury or death happens. We’ve heard so many sad “if only” stories. “If only we hadn’t gone out that night.…” “If only he’d slowed down.…” “If only we’d taken a different route.…” The best driving tip for Maryland motorists facing a hurricane or winter storm is stay off the roads. Not only are you putting yourself and other motorists at risk – you may be getting in the way of emergency vehicles attempting to clear roads, repair power lines and assist injured or stranded people.

If you absolutely must drive in foul Maryland weather, drive slowly and defensively. Listen to news reports and plan the safest route possible. You do not want to become part of a sea of cars stranded in a flood or snowstorm. Hurricanes create flooding and ponding on roads that can cause cars to “hydroplane” – that is skidding on top of a film of water. This is a nerve-wracking experience for anyone who’s ever lost control of their car on slick roads, even briefly. Hydroplaning vehicles can leave their lanes and cause head-on collisions and other serious auto accidents.

That old saying “Accidents can happen to anyone” unfortunately applies to motor vehicle accidents in Maryland. Baltimore County car accident injury attorneys like us know this from working with injured clients and grieving families. Car, truck, and motorcycle accidents can happen in an instant, without warning, and lives are changed forever.

You can drive defensively, obey the speed limit, wear your seat belt, keep your cell phone off, not drink and drive – do all the right things to stay safe on Maryland’s highways, streets, and back roads. But all it takes is one aggressive or reckless driver to cause a serious Maryland auto accident with injuries or fatalities.

In August, the National Highway Traffic Safety Administration (NHTSA) released motor vehicle fatality statistics for 2010. NHTSA reports that in Maryland, 493 traffic accident fatalities occurred in 2010. While this represents a 10 percent decrease compared to motor vehicle crash deaths in 2009, that number still means too many people left home and didn’t return again.

The Baltimore car accident injury lawyers here at The Law Offices of Butschky & Butschky, LLC assist victims and their families when a motor vehicle crash with injury or death occurs in Maryland. One of the more severe types of car, truck, and SUV accident cases we handle are what’s known as side-impact crashes.

Also called broadside accidents or T-bone crashes (in reference to the hard right angle at which one of the cars involved in the accident is hit), these serious, and sometimes deadly traffic accidents often occur at intersections.

Imagine you’re driving along, minding your own business, obeying Maryland traffic laws. You stop at an intersection in Baltimore City, and wait for your red light to turn green. The light turns green, you start across the intersection, and out of nowhere — another driver runs his or her red light and hits your vehicle, broadside. We know from experience that these types of auto accidents often cause very serious injury, including brain, spine, and neck injuries.

When you’re driving on the Baltimore Beltway, I-695, or any other heavily travelled Maryland interstate or highway — do you obey the posted speed limits? Or do you let your car or truck go 5 or 10 mph over, or maybe more — hoping Maryland state troopers and police officers don’t catch you and slap you with a speeding ticket? What about on our winding Maryland back roads? Do you slow down per the speed limit signs?

Baltimore County car accident injury lawyers like us know that speeding can be a deadly factor in Maryland auto crashes. Now an investigation by The Baltimore Sun sheds some light on Maryland driving patterns — and how fast drivers go before they get ticketed — based on speeding ticket data. Some “I can’t drive 65” motorists in Maryland believe they can add 10 mph to the posted speed limits, without prompting police to issue a traffic citation. The study took a look at that common driver belief with some interesting findings.

The Sun investigation looked at more than 272,000 speeding tickets given to Maryland drivers by state troopers or police during the 2011 fiscal year. (Automatic tickets issued by speed cameras, put in place in Baltimore and other urban areas to curb speed-related Maryland traffic and pedestrian accidents, were excluded from the study.) Of that amount, over 25 percent of tickets were issued to drivers traveling just 1 to 9 mph over the speed limit. That may come as a surprise to some Maryland drivers who think they’re safe if their speedometer says they’re just going a little bit too fast.