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Auto Accident Blog

Lien on Me

Wednesday, January 15, 2020

After a car accident, if you seek medical treatment and use your health insurance, you may owe money to your health insurer if you receive a settlement of a judgment. This is referred to as a health insurance lien on your personal injury case.

Every health insurance policy is different but occasionally an insurer will demand that you pay every cent of the lien back “according to the policy.” At this point, it is customary for me for request a copy of the full policy and other plan documents to ensure that health insurance carrier is indeed entitled to the full amount, as opposed to a reduced amount.

If the plan administrator fails to provide the requested documentation in the appropriate time, there are significant financial penalties that could reap a greater recovery for YOU.

To increase your potential recovery after an auto accident, it’s important that you consult with a knowledgeable attorney in insurance matters.

Attorney Jaclyne Kartley

Call or email me with your questions:
Jaclyne Kartley
301-740-3313
jkartley@bsgfdlaw.com

Subsequent Injuries

Wednesday, January 08, 2020

When you’re injured in an accident you have the burden to prove your injuries, damages, etc. One of the burdens I will speak of in this blog is the burden to prove that your injuries are causally related to the incident in question.

This burden becomes harder to overcome if the client suffers a second injury to the same body part. For example, Mr. Smith injured his back in a motor vehicle collision in January. Mr. Smith is evaluated by a physician who prescribes physical therapy; Mr. Smith attends therapy 3 times per week. In February, still under a doctor’s care, Mr. Smith slips and falls on ice. He reports increased back pain to his doctor as a result of the fall.

Similar situations happen more often than what you may think. Subsequent injuries of the same body part (and even different body parts) can limit your recovery for the first incident up to the date of the intervening event that caused the worsening.

Every case is different and suffering injuries from two or more separate losses can be extremely difficult to understand.

Have you been injured in an automobile collision? Call personal injury attorney Jaclyne Kartley today for a free consultation at 301-740-3313.

Attorney Jaclyne Kartley

Call or email me with your questions:
Jaclyne Kartley
301-740-3313
jkartley@bsgfdlaw.com

When the Lights Go Out – STOP

Tuesday, December 24, 2019

At some point or another while driving, we've all encountered a non-functioning traffic signal. This situation can be extremely dangerous if drivers don't know the proper procedure for entering the intersection.

If you approach a traffic signal that is non-functioning, you must:

STOP!

Where should you stop? Maryland law states that you must stop at a marked stop line. If no stop line is visible, then stop at the marked crosswalk. If there is no marked crosswalk, then you must stop prior to entering the intersection.

In addition to stopping, you must yield to pedestrians or vehicles that are already in the intersection and remain at a complete stop until it is safe to enter the intersection.

Have you been injured as a result of a motor vehicle collision? Call personal injury attorney Jaclyne Kartley today for a free consultation at 301-740-3313.

Attorney Jaclyne Kartley

Call or email me with your questions:
Jaclyne Kartley
301-740-3313
jkartley@bsgfdlaw.com

Third Party Claims – When Work Accidents are Caused by the Negligence of Others

Wednesday, December 11, 2019

If you have suffered an injury while working, you may also have a third party claim against the negligent person or entity that caused your injury, depending on the circumstances.

For example, an ambulance driver is responding to an emergency in an ambulance, and is struck by another vehicle. The ambulance driver has a workers’ compensation claim, and also has a third party claim against the at-fault driver.

What can be tricky with third party claims is the recovery aspect. When the workers' compensation carrier pays for the claimant’s medical treatment, lost time from work, and permanency award, the carrier keeps track of every dollar it expends. Then, if the claimant recovers in a negligence action against the at-fault party, the claimant must pay back the workers’ compensation carrier for all of the money it paid.

This can be quite a balancing act for Plaintiff's attorneys, especially if the claimant missed a substantial amount of time from work, suffered severe injuries, etc. Furthermore, depending on the amount of liability coverage available, the potential recovery can begin to shrink rather quickly if the claimant has substantial medical bills and lost wages.

Contact personal injury attorney Jaclyne Kartley today for a free consultation at 301-740-3313.

Attorney Jaclyne Kartley

Call or email me with your questions:
Jaclyne Kartley
jkartley@bsgfdlaw.com

Crosswalk Conundrums

Wednesday, November 27, 2019

I have represented many clients who have been injured in motor vehicle collisions involving crosswalks. The most common motor vehicle collision involving a crosswalk is when Driver #1 stops at a crosswalk to allow a pedestrian to cross the road, then Driver #2 (driving behind Driver #1) fails to stop in time, and strikes the rear of Driver #1's vehicle, causing bodily injuries and property damage.

In the above scenario, Driver #1 is oftentimes injured, and sometimes the pedestrian can also be injured if the force of the collision pushes either vehicle into the pedestrian.

It is important to remain vigilant while driving, especially while approaching and waiting at crosswalks. If a pedestrian has not completed his or her cross and the crosswalk signal has changed from "walk" to "don’t walk," the pedestrian must proceed "without delay" to the nearest sidewalk or safety island. This means that drivers must be aware of pedestrians in a crosswalk, prior to proceeding through it. If you fail to yield the right of way to pedestrians in a marked crosswalk, you could potentially be liable for their injuries.

Have you been injured as a result of someone else's negligence? Contact personal injury attorney Jaclyne Kartley today for a free consultation at 301-740-3313.

Attorney Jaclyne Kartley

Call or email me with your questions:
Jaclyne Kartley
jkartley@bsgfdlaw.com

Respecting Funeral Processions & the Law

Wednesday, November 13, 2019

Seeing a funeral procession may not be an everyday occurrence, however, there are special laws for this sort of automobile motorcade to ensure safety on the road for the procession, as well as other drivers. Here are some quick facts about funeral procession privileges to keep in mind when you encounter this situation on the road:

All vehicles in the procession must have its headlights turned on and its emergency flashers activated.

The procession can proceed through a red signal, so long as the first vehicle in the procession entered the intersection prior to the signal changing from green to red.

Vehicles that are not in the procession cannot enter an intersection, even if the driver faces a green signal, unless the driver can cross the intersection without cutting through the procession.

Have you been injured in an automobile accident? Contact personal injury attorney Jaclyne Kartley today for a free consultation at 301-740-3313.

Attorney Jaclyne Kartley

Call or email me with your questions:
Jaclyne Kartley
jkartley@bsgfdlaw.com

Uber Accident = Uber Complicated

Wednesday, October 30, 2019

In today's day and age, it is not uncommon for individuals to hail rides from complete strangers using apps such as Uber, Lyft, etc. What's even stranger are the insurance issues that arise when an Uber vehicle, for example, is involved in a motor vehicle accident.

Under Maryland law, an insurance company may refuse to provide “any and all coverage” for a loss or injury if the incident occurred while the driver was “providing transportation network services.”

For example, Mr. Rideshare uses his personal vehicle for Uber services and his automobile is insured by Big Bucks Insurance Company. Mr. Rideshare does not update his Big Bucks Insurance policy to reflect that he is using his vehicle for ridesharing purposes. If Mr. Rideshare is involved in a motor vehicle collision, whether he is at fault or not, Big Bucks Insurance Company can refuse to cover any aspect of the loss.

If you have been injured in an automobile collision involving a ridesharing app vehicle, you need an experienced attorney who can protect your right to recovery. Call personal injury attorney Jaclyne Kartley today for a free consultation at 301-740-3313.

Attorney Jaclyne Kartley

Call or email me with your questions:
Jaclyne Kartley
jkartley@bsgfdlaw.com

Exchanging Information Post Motor Vehicle Collision

Wednesday, October 16, 2019

After a motor vehicle accident, the majority of drivers exchange insurance information without issue. However, on occasion, some drivers will refuse to provide their automobile insurance details to the other driver.

Under Maryland law, after an accident, drivers are required to provide their insurance information to the other driver. This information includes the name and address of the insurance carrier, as well as the policy number.

If you are injured in a motor vehicle collision and the other driver refuses to provide you with their insurance information, you should call the police immediately. It is against Maryland law for drivers to refuse this information.

Have you been injured in an automobile collision? Did the other driver refuse to provide you with his or her insurance information? Call Jaclyne Kartley today for a free consultation at 301-740-3313.

Attorney Jaclyne Kartley

Call or email me with your questions:
Jaclyne Kartley
jkartley@bsgfdlaw.com

Local Government Tort Claims: What You Need to Know to Preserve Your Right to Recovery

Wednesday, October 02, 2019

If you’ve suffered an injury as a result of negligence in which the local government may be liable for your injuries, there are several requirements for placing the at fault entity on notice to properly preserve your claim.

First, if you were injured while on local government property, e.g. at a local city park or playground, you must notify the appropriate official within one year after the date of your injury. If you fail to place the appropriate entity and/or individual on notice of your claim, you may lose your right to pursue your claim. Second, the notice to the government official must include the time, place, and cause of your injury.

Local Government Tort Claims are complex and require a skilled attorney to preserve your right of recovery. If you have been injured, call Jaclyne Kartley today for a free consultation at 301-740-3313.

Attorney Jaclyne Kartley

Call or email me with your questions:
Jaclyne Kartley
jkartley@bsgfdlaw.com

What to expect when you're expecting a judgement

Thursday, August 01, 2019

If your case does not settle or liability is denied, usually a lawsuit is the next step in your case. Understanding the litigation process can answer many of your questions and help you have a better grasp of what is to come in your case.

If your case is filed in a District Court in Maryland, here’s what you can expect from the inception of the lawsuit to the conclusion of the case:

  1. The lawsuit is filed;
  2. The Court will issue a trial date, as well as a summons for the Defendant(s);
  3. The Defendant(s) must be served with all pleadings and papers;
  4. The Defendant(s) are given the opportunity to file an Answer and/or other pleadings;
  5. Limited discovery is performed; and
  6. Trial is held.

You will note that each case is unique, and the above steps are merely a basic outline of the process of a District Court case. For example, after a lawsuit is filed, sometimes the Defendant’s insurance company will make an offer to settle the case and trial is no longer necessary. Additionally, a District Court case will typically conclude faster than a case that is filed in the Circuit Court.

If your case is filed in a Circuit Court in Maryland, here’s what you can expect from the beginning of the lawsuit to its conclusion:

  1. The lawsuit is filed;
  2. The Court will issue a summons for the Defendant(s);
  3. The Defendant(s) must be served with all pleadings and papers;
  4. The Court will issue a Scheduling Order, outlining due dates and deadlines. Depending on the county in which the lawsuit was filed, a trial date may or may not be reserved at this time;
  5. Discovery is performed;
  6. Depositions are taken;
  7. The parties attend mediation;
  8. A pre-trial/settlement conference is attended;
  9. Trial is held.

Again, each case is different and not all of the above bullet points will occur in that sequence, if at all. Circuit Court cases, generally speaking, are more in depth than District Court cases. The discovery that is requested in Circuit Court cases will require the Plaintiff to answer numerous questions and produce several documents to the Defendant.

Understanding the litigation process can help alleviate any stress that you may have regarding your case.

Have you been injured in an automobile accident? Call Jaclyne Kartley today for a FREE consultation at 301-740-3313.

Attorney Jaclyne Kartley

Call or email me with your questions:
Jaclyne Kartley
jkartley@bsgfdlaw.com

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