Law Offices of David L. Ruben

Maryland Personal Injury Protection

mdlawyer — Thu, 29 Dec 2011 21:25:17 +0000

Maryland Personal Injury Protection, also known as Maryland PIP, is a type of insurance policy used to pay medical bills, lost wages and other expenses of people who are injured in car accidents. Maryland PIP can be collected whether you caused the accident or not. It is not fault based. It starts as a part of every vehicle insurance policy in Maryland. However, it can be waived by an express written waiver. Not paying for PIP is not enough to waive the policy. An auto accident attorney should be contacted prior to waiving this policy.

Maryland PIP is found in Maryland Insurance Code § 19-505(a). Seven categories of PIP coverage exist within the code: the insured, guests in the insured’s vehicle, the insured’s family members that live in the insured’s household, permissive users, passengers in the vehicle and any injured pedestrians.

One major benefit of Maryland PIP is that you may be able to recover twice for your injuries. You can recover once under your own PIP policy, and then recover again under the insurance policy of a negligent driver who causes the accident that leads to your injury. This is a double recover permitted under the collateral source rule of Maryland law. However, it is important to remember that the statute of limitations for filing a PIP claim in Maryland is one year.

If you have suffered an injury caused by an auto accident in Anne Arundel County, Howard County, Montgomery County, Baltimore County, Baltimore City or anywhere else within the state of Maryland, contact The Law Offices of David L. Ruben. We offer a free consultation in every case and we do not charge any fees unless we recover for you. We are Maryland auto accident attorneys who have been helping those injured in Maryland auto accidents for 20 years.

Maximum Speed Limits

mdlawyer — Thu, 29 Dec 2011 21:22:38 +0000

Did you know that even where a speed limit sign is not posted, you are expected to know how fast you are legally allowed to drive? Maryland law provides a list of maximum lawful speed limits throughout the state. Here they are:

15 miles an hour in alleys in Baltimore County
30 miles an hour on:
1. All highways in a business district; and
2. Undivided highways in a residential district
35 miles an hour on divided highways in a residential district
50 miles an hour on undivided highways in other locations
55 miles an hour on divided highways in other locations

Also, speed limits may not exceed 55 miles an hour on any highway in Maryland that is not an interstate highway or expressway, or would violate federal code. A maximum speed limit of more than 65 miles per hour may not be established on any highway in the state.

If you have suffered an injury as the result of an auto accident caused by a speeding driver in Anne Arundel County, Howard County, Montgomery County , Baltimore County, Baltimore City, or anywhere else in Maryland, contact The Law Offices of David L. Ruben. We offer a free consultation in every case and we do not charge any fees unless we recover for you. We are Maryland auto accident attorneys who have been helping those injured in Maryland auto accidents for 20 years.

Common Causes of Slip-and-Fall Accidents

mdlawyer — Thu, 29 Dec 2011 21:15:37 +0000

In Maryland, a person cannot recover damages simply because they sustain an injury on someone else’s property. Maryland property owners are only responsible if they were negligent. Under Maryland personal injury law, a property owner must have either known, or should have known, about the danger and still failed to correct the danger or to warn the now-injured person about it. If you are injured on someone else’s property in Maryland, it is best to contact a Maryland slip-and-fall attorney to see if you are entitled to recover damages. Some of the most common causes of slip-and-fall accidents are:

· Wet floor
· Sticky substance on the floor
· Slippery floor
· Unlevel floor
· Poor lighting
· Narrow stairways
· Different depths or height between steps
· Obstructions in the walkway
· Cracked or uneven sidewalks
· Snow and ice
· Holes

If you are thinking about filing a personal injury claim in Maryland, contact The Law Offices of David L. Ruben. We are Maryland personal injury lawyers practicing in Anne Arundel County, Howard County, Baltimore County, Montgomery County, Baltimore, Columbia, Glen Burnie, Hanover, Laurel, Towson and throughout the state. Call (410) 766-4044 or e-mail us at mdlaws@aol.com.

What is Whiplash?

mdlawyer — Thu, 29 Dec 2011 21:13:05 +0000

Whiplash is a term used to describe neck pain following an injury to the soft tissues of a person’s neck. It is caused by an abnormal motion or force applied to a person’s neck that causes motion beyond its normal range of motion. The most frequent cause of whiplash is car accidents. It occurs when a vehicle is struck from behind, and the person’s head and neck are jerked back and forth. This causes the stretching, and sometimes tearing, of the soft tissues and nerves in the neck. Whiplash can occur in both high and low speed crashes. If you have suffered whiplash due to the negligence of another driver, contact a Maryland accident attorney to discuss your options.

Several symptoms are associated with whiplash. They include neck pain, neck swelling, tenderness along the back of the neck, muscle spasms along the side or back of the neck, difficulty moving the neck, headache and pain shooting from the neck into either the shoulder or the arm. A doctor may recommend a treatment plan that includes neck massage, neck rest, bed rest, ice therapy, heat therapy, medication, immobilization of the neck using a soft collar, motion exercises, physical therapy and/or avoidance of excessive neck strain.

If you have suffered whiplash or other injuries as the result of a car accident in Maryland, contact The Law Offices of David L. Ruben. We are Maryland personal accident lawyers practicing in Anne Arundel County, Howard County, Baltimore County, Montgomery County, Baltimore, Columbia, Glen Burnie, Hanover, Laurel, Towson and throughout the state. Call (410) 766-4044 or e-mail us at mdlaws@aol.com.

Married and Filing for Bankruptcy

mdlawyer — Thu, 29 Dec 2011 21:07:54 +0000

If you are married and filing for bankruptcy, it is important to think about how it will affect your spouse. When a person is married, then both that person and their spouse are basically co-signers on any credit cards and bank accounts held jointly. So, if your spouse files for bankruptcy, then you are both affected by the consequences. For example, if one spouse files for bankruptcy, and his or her debts are discharged, it is possible for creditors to look to the non-bankrupt spouse to collect the debts. A Maryland bankruptcy attorney can help you to protect your spouse as much as possible. However, if your spouse is not liable in any way for the debt, then the credit agency cannot collect from them. It can be difficult to determine if your spouse is liable for your debt.

It may be better for a spouse to file for bankruptcy in Maryland than in some other states. This is because Maryland is not a community property state, it is an equitable distribution state. When you are married and live in a community property state, your spouse is liable for your debt and you are liable for your spouse’s debt. So, the property of the spouse not filing for bankruptcy can be seized to pay for their husband or wife’s debt. In Maryland, only joint property can be seized. Bankruptcy law can be complicated. It is best to obtain the legal advice of a Maryland bankruptcy attorney so that you can protect the assets of your spouse as best as possible.

If you are thinking about filing for bankruptcy in Maryland, contact The Law Offices of David L. Ruben. We are Maryland bankruptcy lawyers practicing in Anne Arundel County, Howard County, Baltimore County, Montgomery County, Baltimore, Columbia, Glen Burnie, Hanover, Laurel, Towson and throughout the state. Call (410) 766-4044 or e-mail us at mdlaws@aol.com.

Tailgating: How Close is Too Close?

mdlawyer — Thu, 29 Dec 2011 21:06:22 +0000

Most people become nervous when a car or truck is following them too closely while driving on the highway. In fact, it is against Maryland law for a driver to not leave enough distance between his or her vehicle and the vehicle in front. However, what that means is not very clear. Maryland law states that a vehicle may not follow another vehicle more closely than is reasonable and prudent. However, what is reasonable and prudent to one person may not be to another. Maryland courts have held that how closely one automobile should follow another depends on the circumstances, including the speed of the other vehicle, the speed of all of the vehicles on the roadway and the condition of the highway. However, a driver is not required to be able to stop or prevent an accident whenever occasion arises. Since the law is so unclear regarding what constitutes tailgating, it is best to keep your distance and yield to vehicles that are driving faster than you.

If you have suffered an injury as the result of an auto accident in Anne Arundel County, Howard County, Baltimore County, Baltimore City or anywhere within the state of Maryland and would like legal advice, contact The Law Offices of David L. Ruben. We offer a free consultation in every case and we do not charge any fees unless we recover for you. We are Maryland auto accident attorneys who have been helping those injured in Maryland auto accidents for 20 years.

Delegate Seeks to Expedite Emergency Care

mdlawyer — Thu, 29 Dec 2011 21:01:17 +0000

The following is an article from The Gazette newspaper about a new program that Del. Kevin Kelly (D-Dist. 1B) of Cumberland would like to see instituted throughout the state of Maryland. It is meant to be a way to help emergency responders provide better medical attention to people hurt in vehicle crashes. Do you think the program is a good idea? Would you participate?

by Steve Kelly, Staff Writer

A western Maryland delegate wants to see the state institute a program that he says would allow emergency responders to better treat people injured in vehicle accidents.

The program, known as Yellow Dot, is being used in several states, said Del. Kevin Kelly (D-Dist. 1B) of Cumberland, who has drafted a bill to create a Maryland version.

Under the program, drivers place a decal of a yellow dot on their windshield. That indicates that in their glove compartments they have placed a yellow envelope containing contact numbers for family and medical providers and their medical history, including information on allergies, surgeries, medication and whether they use devices such as pacemakers, Kelly said.

The yellow sticker serves to alert responders to the envelope’s presence, said Kelly, who has drafted the legislation but not yet filed it.

Providing emergency personnel with crucial personal and medical information at the scene of an accident would help them to better treat victims — especially those too injured or traumatized to communicate — in the crucial first hour after the accident occurs, Kelly said.

Under the lawmaker’s bill, participants in the program automatically would consent to allow emergency responders to search their glove compartment for the yellow envelope. State police would establish the regulations guiding the program, while the Motor Vehicle Administration would provide participants with a free sticker, yellow envelope and directions on which information to include in the envelope, Kelly said Tuesday.

“I just think it makes common sense,” Kelly said, adding he thinks the program’s cost to the state would be negligible. “There can be absolutely no downside to this, but there is a tremendous upside.”

The program especially is needed given Maryland’s aging baby-boomer population, Kelly said.

The state police liaison to the General Assembly was not immediately available to comment on the bill Tuesday, said Elena Russo, a spokeswoman for the department.

skelly@gazette.net

If you require legal representation after being injured in an auto accident, contact The Law Offices of David L. Ruben. We are Maryland accident lawyers practicing in Anne Arundel County, Howard County, Baltimore County, Montgomery County, Baltimore, Columbia, Glen Burnie, Hanover, Laurel, Towson and throughout the state. Call (410) 766-4044 or e-mail us at mdlaws@aol.com.

Cause for Holiday Cheer: Drunk-Driving Arrests Down in Maryland

mdlawyer — Thu, 29 Dec 2011 20:59:21 +0000

This is an article in The Gazette newspaper this week concerning some good news about drunk driving statistics. Do you think the decline will last?

by C. Benjamin Ford, Staff Writer

Two Hyattsville women killed in early morning crash in Silver Spring Year in Review: Financial strides highlight 2011 for Frederick city Pipeline fixes along Indian Head Highway set for spring to curb main breaks One dead, at least 10 injured in Bethesda bus accident Montgomery schools officials seek reprieve for open meetings reprimand advertisement

With the approach of New Year’s Eve, there’s at least one cause for celebration despite the tough economic times.

Maryland has seen a decline in arrests for driving under the influence since the start of the Great Recession. Experts believe a combination of factors — from consistent enforcement to economic worries that are keeping people from spending in bars and restaurants — may be responsible.

In 2007, when the recession officially began in November, Maryland saw 24,909 arrests for driving under the influence. Since then, there were 24,380 DUI arrests in 2008, 24,422 in 2009, 22,614 in 2010, and 16,763 through the end of September this year.

Tough DUI laws passed in 2006, along with strict enforcement and public service warnings of the dangers, are probably leading reasons for a decrease in Maryland and nationally, said Ragina Averella, a spokeswoman for AAA of the Mid-Atlantic, an automobile drivers advocacy group that serves Maryland.

In 2006, state legislators stiffened Maryland’s law regarding ignition interlocks to allow judges to impose their use for up to three years.

“There’s been basically a key change in attitude,” Averella said. “I don’t think the public is willing to tolerate drunk driving anymore. They don’t see it as a social issue; they see it as a crime.”

The economy also has cut into trips to drinking establishments, said Caroline Cash, executive director of Mothers Against Drunk Driving of Maryland.

Studies have shown nationally that drinking has declined somewhat because people have less money to spend on alcohol, she said.

Plus, Cash added, “It’s clearly more expensive to drink out in a restaurant, so if they’re drinking at home we’re pleased they’re not driving, and it would explain why the arrest numbers have fallen some.”

Another likely factor for the decrease in arrests is that after 31 years of MADD pushing an anti-drinking and driving message, people might finally be listening, she said.

“I hope that’s the case, but I don’t know if that will be true once the economy comes back around,” Cash said. “We continue to get the word out.”

Maryland State Police spokeswoman Elena Russo agreed that years of educational outreach and public service announcements by law enforcement authorities and advocates might be achieving their goal of getting people to refrain from drinking and driving

“Maybe the messages we’ve been sending are working, finally,” she said.

Enforcement efforts have remained constant over the years of the recession, so manpower or a slacking off in going after drunken drivers can’t be reasons for fewer arrests, Russo said.

For many, New Year’s Eve and the holidays remain a time to overindulge in alcohol.

But, they’re also when more people are aware of the importance of picking a designated driver or taking a taxi, Cash and Russo said.

cford@gazette.net

If you require legal representation contact The Law Offices of David L. Ruben. We are Maryland lawyers practicing in Anne Arundel County, Howard County, Baltimore County, Montgomery County, Baltimore, Columbia, Glen Burnie, Hanover, Laurel, Towson and throughout the state. Call (410) 766-4044 or e-mail us at mdlaws@aol.com.

One Dead, Several Hurt After Metrobus Crash

mdlawyer — Thu, 29 Dec 2011 20:52:45 +0000

The following is an AP story posted today on The Capital newspaper’s Website.

BETHESDA, Md. (AP) — One person was killed and nearly a dozen people were injured in a collision involving a Metrobus and a pickup truck in Bethesda.

Capt. Oscar Garcia, a spokesman for the Montgomery County fire and rescue department, says 11 people were evaluated after the crash, which occurred about 4:15 p.m. Wednesday. He says eight people were taken to the hospital with injuries.

Garcia said the pickup truck driver died of his injuries.

The accident led authorities to shut down part of Rockville Pike in both directions. Police were reconstructing the collision.

Garcia says the drivers of the bus and pickup truck had to be extricated from their vehicles.

The cause of the crash is being investigated.

Metro spokesman Dan Stessel says the bus was heading to Lake Forest Mall in Gaithersburg.

The Duty to Help Someone Injured in an Auto Accident

mdlawyer — Thu, 29 Dec 2011 20:50:37 +0000

If you are involved in a vehicle accident in Maryland that results in an injury, you are required to help the injured party. Maryland law requires the driver of each vehicle involved in an accident that results in bodily injury or death or in damage to an unattended vehicle or other property to render reasonable assistance. If the injured party requests medical treatment or if it is obvious that medical treatment is required, then it is up to the driver of each vehicle involved in the accident to arrange for the transportation of the person to a doctor’s office or hospital.

In addition to providing medical help to an injured party, the driver of the vehicle involved in the accident must also provide his or her name, address, the registration number of the vehicle involved in the accident, and upon request, his license to drive, if it is available to any person injured in the accident and the driver, occupant, or person attending any vehicle or other property damaged in the accident.

If you have suffered an injury as the result of an auto accident in Anne Arundel County, Howard County, Baltimore County, Baltimore City or anywhere within the state of Maryland, contact The Law Offices of David L. Ruben. We offer a free consultation in every case and we do not charge any fees unless we recover for you. We are Maryland auto accident attorneys who have been helping those injured in Maryland auto accidents for 20 years.