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5 Uncommon Causes of Distracted Driving Accidents

Published on Oct 23, 2018 at 5:36 pm in Car Accidents.

Distracted driving is a major cause of car accidents each year. It’s easy for anyone to have their attention turned away from the road just long enough to force them collide with another car, person, or object. Most people are familiar with the major causes of distracted driving accidents, one of them being when drivers attempt to use their cell phones while driving. People may try to text, use social media, and/or talk on the phone, which makes them look away from the road and drive one-handed.

Other common causes of distracted driving accidents include eating or drinking and adjusting the radio/music. These actions usually reduce the driver’s control of the vehicle and make it likelier to get in a crash. But these aren’t the only ways a driver can be distracted.

A negligent driver who doesn’t focus their attention on the road puts everyone else at risk. If you’ve been injured in a distracted driving accident, you can get help from a Baltimore car accident lawyer from Belsky, Weinberg & Horowitz, LLC. We’ll stand up for your right to fair compensation and hold the driver accountable for their actions. The claim may prevent the negligent driver from driving while distracted again.

What You Need to Know About Maryland’s Caps on Noneconomic Loss

Published on Oct 16, 2018 at 6:50 pm in Car Accidents.

Following an accident, you may not be immediately thinking about how much your injury is going to cost you or what you can do about it. Instead, you’re probably focusing on your recovery. While this is not a bad thing, it’s important to know what you will likely have to deal with the financial consequences of your injury before you have the opportunity to fully recover.

When you do start to think about the costs, it’s likely you’ll worry about your medical expenses and lost wages. While you may be able to seek compensation for those calculable amounts, you should also keep in mind you may be eligible for damages regarding your pain and suffering. These are called noneconomic damages.

Belsky, Weinberg & Horowitz Wins Appeal in Case Against Baltimore Medics

Published on Oct 10, 2018 at 3:58 pm in Firm News.

Claims against Maryland EMTs and paramedics for improper medical care are extraordinarily difficult due to a law known as the “Fire and Rescue Act” that providers emergency medical responders limited immunity from claims for medical negligence. In order to obtain recovery, the patient must present evidence that the first responders were guilty of “gross negligence.” Our courts have defined gross negligence as a conduct that represents a “wonton and reckless disregard for human life.” This is the same standard required in negligent homicide cases brought against criminal defendants who lack the intent to kill but whose conduct is so reckless as to expose them to liability for homicide should their conduct cause someone’s death.

Alan J. Belsky and Thomas X. Glancy, Jr. of the firm have now prevailed twice in such a case and are pleased to report the details of their hard-fought victories in the case of Estate of Butler v. Stracke.

Their first victory came in the form of a jury verdict against Baltimore City Fire Department EMTs Joseph Stracke and Paramedic Stephanie Cisneros against whom the jury awarded $3.7 million in March 2017. That verdict was overturned by Baltimore City Trial Judge Althea Handy who deemed the evidence of gross negligence insufficient despite the jury’s conclusion that the evidence was sufficient.

Their second victory came on October 1, 2018 when the Maryland Court of Special Appeals reversed the trial judge’s decision and ordered that the jury’s verdict be reinstated. In so ruling, the appeals court found “substantial evidence of gross negligence. The court’s ruling is summarized below:

On March 2, 2011, Kerry Butler Jr. (Mr. Butler), a 28-year-old man, suffered a heart attack after waking up. As instructed, his wife, Crystal Butler (Ms. Butler), called 911 to report the event and seek emergency medical attention. When the medics arrived, Ms. Butler claimed they showed up without a medic bag or stretcher. They did not ask questions about Mr. Butler’s symptoms or medical history, and Butler was made to walk to the ambulance. The medics’ report contradicted the wife’s report.

Per the 911 call, the medics were aware they were being dispatched to respond to chest pain; however, they did not follow proper protocol and concluded Mr. Butler was stable in the ambulance. Mr. Butler was taken to Harbor Hospital, where he later suffered a heart attack and passed away. As a result, Mr. Butler’s estate filed a suit against the City and the medics involved, alleging gross negligence (i.e. acting with wanton and reckless disregard for others) due to their emergency response.

Should I Call a Lawyer Immediately Following a Car Crash?

Published on Oct 8, 2018 at 7:11 pm in Car Accidents.

After you’re involved in a car crash, there are many responsibilities you’ll need to take care of. You need to inform your insurance company of the accident, take care of your injuries, and start filing your accident claim if you choose to take legal action. You may be wondering if hiring a lawyer is your best chance of recovering damages. With a Baltimore car accident lawyer from Belsky, Weinberg & Horowitz, LLC, you can get the help you need with your claim.

Belsky, Weinberg & Horowitz LLC provides quality legal services to Maryland citizens. We will do everything we can to stand up for your rights, giving you time to focus on your recovery.

What Information is Included on a Maryland Police Accident Report?

Published on Oct 4, 2018 at 3:35 pm in Car Accidents.

A police report can play a major role in how your insurance company views your car accident claim. While police officers are not dispatched for every accident, they are sent when someone has been injured, when the accident is blocking traffic, when any of the drivers are under the influence of drugs or alcohol, or if the parties are fighting about what happened.

When the police officer arrives, they will talk with the involved parties, investigate and assess the accident scene, take photographs, talk to possible witnesses, and generate their report. The reports contain a variety of information; however, it’s important to understand that no two reports are the same. Every police department is likely to have their own form and their own way of generating the reports.

If you’ve been in an accident in Maryland, it’s important to understand how the information on the police accident report can affect your settlement offer. Let’s take a closer look at police accident reports in our state, so you have an idea what to expect in the event you’ve been in an accident.

Why Are Hospital/Nursing Home Falls So Common?

Published on Oct 3, 2018 at 5:39 pm in Nursing Home Abuse.

Unfortunately, falls are a common risk in hospitals and nursing homes. Elderly patients and residents face the risk of falling in a variety of situations – which can be related to medical malpractice and negligence in some cases. Because of this, it’s important to understand why these accidents happen so you can aid in the prevention of your elderly loved one falling.

According to the Centers for Disease Control and Prevention (CDC), 3 million elderly people are treated in emergency rooms every year for fall-related injuries. Below you’ll find additional facts and statistics regarding falls in hospitals and nursing homes.

  • One in five falls results in serious injuries like broken bones or head injuries.
  • Over 800,000 patients are hospitalized every year to treat fall injuries.
  • Between 50 percent and 75 percent of elderly patients suffer from nursing home falls each year.
  • Between 16 and 27 percent of nursing home falls occur due to environmental hazards, like inadequate lighting or slippery floors.
  • Approximately 1,800 elders die each year as a result of a traumatic fall.
  • In 2015, the medical costs associated with falls totaled more than $50 billion.

With those statistics in mind, let’s take a look at why these falling happen in hospitals and nursing homes.

Facts About Maryland’s New Enhanced Uninsured Motorist Coverage

Published on Oct 2, 2018 at 5:05 pm in Legal Information.

After an accident, the drivers involved are supposed to exchange contact and insurance policy information so they can inform their companies and work on getting their claim and compensation. But what happens if the other party doesn’t have car insurance?

While everyone is supposed to drive with insurance, there are many people who don’t. If you’re in an accident with someone who is uninsured or underinsured, your car accident claim may become more difficult than you first expected. Drivers have coverage for instances like this, but the insurance they get from their company usually depends on the uninsured or underinsured driver. Maryland has a new insurance policy to further help drivers in accidents with drivers who don’t have enough or any insurance at all.

Steps to Take After Being in a Baltimore Light Rail Accident

Published on Oct 1, 2018 at 9:06 pm in Train Accident.

Mass transit is a popular form of transportation for Baltimore residents who don’t want to drive, ride a bike, or walk. One main way to navigate Baltimore is the Light Rail, a train that runs through the city. While Light Rail users may not think about what to do in case of an accident, there’s a chance something could happen. A Baltimore mass transit accident lawyer from Belsky, Weinberg & Horowitz LLC can help you with your claim.

The law firm of Belsky, Weinberg & Horowitz believes in protecting the rights of Baltimore citizens and those who live in the state of Maryland. You deserve to be treated fairly when you’re filing a claim for compensation. We’re here to make sure that your case isn’t ignored or not given the attention it requires.

What NOT to Do After Being in a Hit-and-Run Accident

Published on Aug 23, 2018 at 6:35 pm in Car Accidents.

While auto accidents are often stressful and scary situations, there are procedures in place to help us deal with the events; however, not all drivers choose to comply with these procedures. In the event the other party involved in the accident intentionally leaves the scene without providing their correct identity and contact information, they are essentially guilty of a “hit-and-run.”

Hit-and-runs can occur with another moving vehicle, a parked vehicle, a pedestrian or bicyclist, or an inanimate object.  According to a study done by AAA’s Foundation for Traffic Safety, more than one hit-and-run crash occurs somewhere in the United States every minute. The number of hit-and-run incidents continues to rise on a yearly basis.  Over 2,000 hit-and-run fatalities were reported in 2016.

As a result of the commonality of these types of accidents, it’s important to understand your rights under Maryland laws that are in place to protect victims of hit-and-runs.  And while it’s a good idea to know what you should do if you’ve been in a hit-and-run, it’s even more important to know what not to do.

What are the Most Dangerous Intersections in Baltimore?

Published on Aug 15, 2018 at 3:56 pm in Car Accidents.

When two or more road cross, the risk of motor vehicle collisions increases. This is especially true when you add rush hour traffic, pedestrians, and bicyclists. Drivers often need to be hyper aware of their surroundings when driving through busy intersections. Even a mere second of distraction can have serious consequences.

The Federal Highway Administration recognizes that part of addressing road safety involves improving intersection travel and reducing the number of conflicts. While there are discussions about geometrically designed road markings and the application of additional traffic control devices, intersection safety often boils down to drivers yielding and stopping when they’re supposed to.

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