Maryland Injury Attorney Blog

The sight of orange cones and barrels marking work zones on Maryland highways is so common, drivers don’t think too much about them. That’s part of the problem. The Maryland Department of Transportation estimates that an average 2,237 traffic accidents occur in or around Maryland work zones every year, resulting in 1,250 people injured and 11 people killed.

Nationally, some 700 people die each year in motor vehicle crashes occurring in road work zones. The road construction workers are themselves at risk, often operating machinery just a few feet from speeding traffic. (Sad case in point: Two Pessoa Construction Company workers were killed in a work zone crash in Cecil County, Maryland earlier this year.) Police on detail are also at risk of being struck by passing vehicles.

But the national figure of 700 people killed in roadside work zone crashes are mostly drivers or passengers travelling in motor vehicles on roads and bridges under construction. An estimated four of five people killed in work zone accidents are motorists, not highway workers.

Baltimore car accident injury lawyers like us know all too well from our work with clients: Anything can happen when you pull out of your driveway and hit the road in Maryland. Car, truck, and motorcycle accidents can and do happen, often without warning. And, according to the National Highway Traffic Safety Administration (NHTSA), your vehicle itself is more at risk in Maryland as compared to the majority of states.

NHTSA reports that Maryland is among the top 10 states for motor vehicle theft. In fact, Maryland ranks number 8 on the government’s list of states where your car is more likely to not be there when you return to it. The states with the most stolen vehicles are…

1. California 2. Florida 3. Texas 4. New York 5. Illinois

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.”