Maryland Personal Injury Attorney | Statute of Limitations in a Personal Injury Lawsuit in Maryland

So you've been involved in an auto collision and sustained injuries but you don't have the time to schedule a doctor's appointment and handle the situation. Or maybe you have the time but you're overwhelmed because there seems to be a mountain of paperwork to read and your medical bills are getting uncomfortably high. Perhaps you've been meaning to consult an attorney but between your career and real life, you can't seem to make time. These are common situations for our clients who have been involved in auto collisions. However, it is important to understand that by delaying, you could be legally unable to file a claim and receive damages, even if you were the victim.

"Statutes of limitations" are laws that set time limits on how long you have to file a civil or criminal lawsuit. These time limits depend on the legal claim or crime involved in the case, and vary from state to state. For example, in some states you may have three years to file a personal injury lawsuit after you were hurt in car accident, but in other states you may have two years. As a general rule, the time period begins to run on the date your claim arises or "accrues," like the day of the car accident.

The statute of limitations that applies to most tort cases in Maryland is MD Cts. & Jud. Proc. § 5-101, which provides that "a civil action at law shall be filed within three years from the date it "accrues" unless another provision of the Code provides a different period of time within which an action shall be commenced." Deciding when a cause of action accrues is often a matter of complex legal interpretation. It is a good idea to consult a lawyer to help you figure out when your cause of action accrued. Remember, once the statute of limitations has expired or "run," you can no longer file a lawsuit.

The Best Maryland Injury Lawyers Know Crosswalks: Do You?

Many Marylanders know that they are supposed to walk inside of a crosswalk when crossing an intersection. However, most do not know the potential consequences of failing to do so, and the many nuances in Maryland's laws, like the effect of contributory negligence on pedestrians and crosswalks. In fact, injury attorneys in Maryland are confronted with the harsh consequences of crosswalk accident cases every day. This piece addresses some tips on how to avoid being on the wrong side of Maryland's crosswalk laws.

In Maryland, a crosswalk exists where a sidewalk ends at the street. Therefore, there are two types of crosswalks. The first is a "marked crosswalk." The second, and less commonly known, is an "unmarked crosswalk." An unmarked crosswalk is defined under Maryland Law as: "that part of a roadway that is within the [continuation] or connection of the lateral lines of sidewalks at any place where 2 or more roadways of any kind meet or join, measured from the curbs or, in the absence of curbs, from the edges of the roadway." In other words, there does not have to be a marked path or a sidewalk on both sides of the street for a crosswalk to exist. If a sidewalk approaches a street and ends, even if there is no sidewalk on the opposite side of the street, an unmarked crosswalk exists where the sidewalk would have extended into the street. Therefore, in unmarked areas as these automobile accident victims have the right-of-way.

Pedestrians should also know that they may not cross an intersection diagonally, unless there is a crossing device that not only permits a pedestrian to cross the intersection diagonally but also signals the pedestrian to do so. Furthermore, a pedestrian is required by law to walk on the right half of a crosswalk. In the case of jay-walking pedestrians, Maryland places a high duty of care on the pedestrian. This means that a pedestrian who crosses a street without using a crosswalk has the responsibility of making sure that no car hits them. This is important because many people believe that the operators of vehicles have the responsibility not to hit pedestrians. Yet, it is pedestrians who have the responsibility of not being struck by a vehicle when crossing at a location other than a crosswalk. Therefore, pedestrian accidents that occur outside of a crosswalk often lead to no personal injury recovery for such automobile accident victims.

Maryland is one of the few states that requires its personal injury attorneys to confront the rule of contributory negligence. Under Maryland Contributory Negligence law, if a person injured by another is negligent leading up to the automobile accident that caused them harm, that person is completely prevented from recovering against the party that injured them in the collision. In the case of a pedestrian hit by a motor vehicle, this means that if a pedestrian fails to follow the proper rules of the road regarding pedestrian street-crossing, a pedestrian can be out of luck when he or she looks to the Maryland courts for justice in their personal injury claim.

Because of contributory negligence laws in Maryland, even the best and most experienced Maryland personal injury lawyers can do little to help a victim recover in an automobile accident case if he or she was negligent in crossing a street. Therefore, it is important to know that when crossing a street pedestrians should make sure to walk within crosswalks and obey traffic signals. By doing this, the right-of-way is on your side when you need an experienced Maryland Injury Attorney to fight for you.

If you or a family member has been injured or killed in an automobile accident, truck, bus or motorcycle accident, pedestrian accident, and would like a free legal consultation or if you would like more information on car accidents or personal injury, please feel free to contact our office or visit us on the web at www.portnerandshureaccidentlawyers.com.

 

Carroll County Bicyclist Killed When Struck by Tractor Trailer

On Tuesday, August 24, 2010, Arthur John Martin, Jr., 51, a retired police officer, was riding his bicycle on Maryland 75 in Carroll County when he was struck by a tractor trailer.  The tractor trailer driver, Anthony Edward Woodie, 37, was operating his 1985 Peterbuilt on Shepherds Mill Road and was turning right on Maryland 75 when he failed to yield the right of way and struck Mr. Martin.  It was reported that Mr. Martin was thrown from his bicycle and then struck by the tractor-trailer.  He was pronounced dead at the scene.



The Maryland State Police crash team are still investigating this accident and charges are currently pending against the tractor trailer driver.  There is no evidence to suggest that alcohol or speed contributed to this accident. This is yet another example of why the question keeps being raised, "Whether motorists should share the roads with bicyclists?"  Clearly, a 25-pound bicycle is no match for a 10,000-pound truck.  Bicyclists should be lobbying for designated bike lanes for bicycle safety.  Recently, advocates for the League of American Bicyclists were at the Capitol expressing their excitement over the bike lane extending between the Capitol and the White House.  If they can have them in Washington, D.C., why not everywhere?

If you, a family member, or someone you know has been involved in a bicycle accident, truck accident or automobile accident, please contact one of our Maryland Accident Lawyers for a free consultation or visit us on the web at http://www.portnerandshure.com.

Accident Caused Truck to Hang Off Bridge: Possiblity of Workers' Compensation and Auto Accident Insurance Benefits

On April 16, 2010, there was a dangerous truck accident between two work vehicles. Early that Friday morning in the 1600 block of Pennington Avenue in Baltimore, Maryland a utility work vehicle and a tanker truck collided. The truck accident caused the tanker truck to go off the roadway. The drawbridge located at Ordinance Road and Pennington Road was temporarily closed. Both drivers suffered injuries and were taken to Maryland Shock Trauma Center for evaluation.

A claim can be brought against the "at fault" party for property damages and bodily injuries. However, liability must be determined. If the facts of the accident are unclear then the assistance of an accident reconstructionist may be needed. An accident reconstructionist can help determine the cause of an accident.

However, if it is found that either or the drivers contributed to this collision then they may both be barred from any recovery under the rules of "contributory negligence." Contributory negligence is a popular defense that insurance companies use in order to deny claims. An experienced attorney would be able to help determine if this argument has merit.

Moreover, if the drivers were operating, these vehicles while working, they would be able to pursue a claim for Maryland workers' compensation benefits. Maryland workers' compensation benefits could assist them with loss of income, medical expenses as well as compensation for any permanent injury sustained as a result of this truck accident. Workers' Compensation benefits apply regardless of fault. In other words even the at fault driver in this truck accident could obtain such a recovery.

The Maryland accident attorneys at Portner & Shure have handled thousands of claims involving truck accidents as well as workers' compensation claims. For a free legal consultation or more information on car accidents or work related injuries, feel free to visit us for a free consultation.

Howard County Pedestrian Accident

There is an abundance of laws in Maryland that address situations involving pedestrians that are injured by an automobile while crossing a street. The key inquiry is such accidents are whether or not the pedestrian was inside or out of a crosswalk. As a general rule, pedestrians have the right of way when they are in a crosswalk. However, in the event that a person is crossing a street outside of a crosswalk that person has an obligation to use the greatest care to protect themselves from injury.

Earlier this year an eighteen-year-old man from Columbia, Maryland was attempting to cross Little Patuxent Parkway between Vantage Point Road and Columbia Road when he was truck by an oncoming car. The police said that the young man was wearing dark clothes and was not in a cross walk when he was struck. He was transported to University of Maryland Shock Trauma where he presented with serious injuries.

If you, a family member, or someone you know has been injured as the result of being a pedestrian or if you would like more information on car accidents please contact Portner & Shure for a free consultation.