The Right to a Jury Trial in a Maryland Accident Case has Changed

Until now if you were involved in an accident and claimed damages of $10,000 or less, you and the insurance carrier were entitled to a judge trial and not a jury trial. Jury trials cost a great deal more. Doctors who charge thousands to appear need to be called. Years ago there was no dollar limit on jury trial requests. As a result, insurance company lawyers would request jury trials in small cases as a means to discourage attorneys from taking them. It was a strategic move to reduce personal injury claims. For example, if an automobile accident case that occurred in Columbia in Howard County was worth $5,000 and the doctor charged two thousand to appear, than the economics of a Howard County jury trial didn't make sense. It discouraged many attorneys from taking smaller claims.

As a result, plaintiff's lawyers fought hard to get legislation passed requiring at least a demand for $10,000 in damages before either side had a right to a jury trial. The change has enabled countless injured people to pursue automobile accident claims when their injuries were soft tissue and the damages they claimed were under $10,000. With the passage of time and higher medical costs many small claims can not be concluded for $10,000.

Rather than have these claims decided in the circuit court before a jury, the plaintiff's bar has been successful in getting the damage limit for a jury trial request raised to $15,000. These smaller claims now can be done quicker in the district court and with less cost. In the district court if your attorney files the proper papers, evidence of your medical bills and treatment is admissible without calling the physician at trial.

Hit and Run Accident Involving a Police Officer

Government officials are not immune from auto collisions. Recently in Baltimore County a police officer was struck by a dark colored Honda that attempted to make a U-Turn on Eastern Boulevard in Baltimore County, Maryland. The driver of the Honda struck the passenger side of the officer's patrol car and did not stop. The police officer was injured and taken to Johns Hopkins Bayview Hospital in Baltimore City where he was treated and released.

When you are involved in an automobile collision, you have an obligation to stop. Failure to do so could result criminal charges being brought against you. In the event that you are struck by a vehicle that does not have insurance, a claim can still be pursued under the uninsured motorist coverage.

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

Automobile Accidents and Drinking: Beware of the Consequences

A recent case in Howard County, Maryland demonstrates how serious courts take the situation where a person drinks, gets in a car, and has an accident that leads to the death of another human being. In the case of Jose Santiago, he and a group of friends all went out drinking. An accident occurred, and Santiago's blood alcohol was measured at .09, just above the State's legal limit of .08.

While driving, Santiago lost control and crashed into a truck. Two of the passengers, both friends, were killed. Santiago was charged and plead guilty to two counts of negligent vehicular homicide while driving under the influence of alcohol. Santiago was in this country illegally and U.S. Immigration placed a detainer on him.

Santiago blamed snow for causing the accident. Families of the two men who were killed asked that Santiago be deported instead of jailed. In fact, both families went as far as to go through an official procedure in Mexico to "renounce any illegal act" on Santiago's part and asked that he be deported back to his mother. Despite the families request, the Court sentenced him to three years in jail. Only after he serves the sentence will he be deported.

Most states including Maryland, Virginia, and Texas, all impose jail sentences in automobile accident cases, where the driver was intoxicated, and caused an accident that resulted in the death of another person. Further, most courts will force the illegal immigrant to serve jail time before allowing deportation.