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The Law Offices of Chaikin and Sherman, P.C.

Toll Free - 800.229.8384

Phone - 202.659.8600

Fax - 202.659.8680

WHEN A VEHICLE HURTS SOMEONE, ITS OWNER MIGHT BE LIABLE

Posted on May 1, 2012 by bierachin

It’s common sense that when the driver of a vehicle negligently crashes into another car or a pedestrian, the driver may be held liable for the injuries and damages he causes. But did you know that the owner of his vehicle may be liable as well? This commonly arises where the driver is acting as an employee of someone else – a corporation, for example. Under the principle of respondeat superior, an employer is liable for damages caused by its employee, when acting in the course and scope of his employment (for example, a truck driver).

But even if there is no employer-employee relationship, the owner might still be liable for what the driver of his car does. Under Maryland law, there is a presumption that a driver is acting as an agent of the vehicle’s owner. The owner can disprove this in court, but until he does, under a principle similar t respondeat superior, the owner is liable for everything that the driver does wrong. These principles of law can help personal injury plaintiffs a lot when the driver doesn’t have enough money to compensate the victim, but the owner of the vehicle does.

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Gather the Evidence

Posted on April 26, 2012 by bierachin

We find that most of the time, when there’s an automobile collision caused by someone’s negligence, people are honest and the person at fault admits it, even if he or she gets sued. But sometimes people are in denial and unwilling to admit that they did anything wrong – or they’re just plain unscrupulous and willing to lie. They might even admit it was their fault at the scene, then change their story after they’ve had time to think about it.

That’s why we advise that if you’re in a collision and not seriously injured, take the time to gather evidence. That way if the wrongdoer denies fault, it won’t be just your word against theirs (which can be a very difficult case to win). The most common, useful, and easiest evidence to acquire tends to be: (1) Witnesses. Comb the area for people who were in the area of the crash. Ask what they saw or heard, and get their contact information. (2) Photographs. Take photographs of the vehicles, including any damage to the vehicles and the location of the vehicles immediately after the crash. (3) If you can, get a statement from the wrongdoer. If you have a voice recorder (perhaps on your phone), then take a recorded statement (but get permission or you might be breaking the law!). Alternatively, suggest that the wrongdoer sign a statement that truthfully describes what happened. This prevents the possibility that a wrongdoer who feels guilty will later change their mind – and their story.

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Maryland’s Neighbor Enacts New Stricter Drunk Driving Laws

Posted on April 23, 2012 by bierachin

The law firm handles many cases against Maryland drunk drivers who cause unnecessary injuries and deaths. Maryland’s neighbor state, Virginia, recently enacted a new law which will be tougher on drunk drivers and hopefully will prevent injuries in the region. The new law, which will take effect in July, will require first time DUI offenders to install blood alcohol testing devices that lock the ignition. This will apply to individuals who are highly intoxicated or even those who were slightly over the limit. After these devices are installed a driver must blow into a blood alcohol device which is connected to the ignition. If the individuals blood alcohol level is higher than the legal limit the car will not start. In light of Virginia’s close proximity to Maryland this should reduce the number of drunk drivers on Maryland roads, and hopefully decrease the number of Maryland automobile personal injuries and deaths.

If you or a loved one was injured as a result of the negligence or recklessness of a drunk driver in Maryland please do not hesitate to call the personal injury lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C.

Posted in auto accident, New laws and/or amendments, Safety | Leave a comment

Mark Rypien is Lead Plaintiff in Brain Injury Class Action Lawsuit Against NFL

Posted on April 5, 2012 by bierachin

Former Redskin quarterback Mark Rypien filed a lawsuit on March 23, 2012 in Philadelphia seeking compensation for repeated head traumas suffered as a result of playing football in the NFL. Rypien is one of 126 other former professional players who are participating in the lawsuit, and alleging that the NFL was aware of the risks of “repetitive traumatic brain injuries and concussions for decades, but deliberately ignored and actively concealed” the information, according to Court documents. It is well known that repeated concussions (or brain injuries) can cause serious cognitive deficits, and other health issues. The law firm of Chaikin, Sherman, Cammarata & Siegel, P.C. represents many brain injured patients, and the lawyers see first hand the effect of cumulative brain injuries. The injuries suffered by our clients are usually a result of an automobile accident, or other traumatic event, like a slip and fall, or assault. However, the injuries and the resulting neurological symptoms on the brain, and the injured person is the same, as being hit by a football player. This is the latest class action lawsuit filed against the NFL as a result of concussions or brain injuries suffered by former players. Over a 1,000 players have filed claims. None of the lawsuits have been filed in Maryland courts.

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Maryland Drivers Beware

Posted on April 2, 2012 by bierachin

Mayor Vincent Gray plans to “cover the entire city” with speed cameras. If you are a Maryland driver who drives into Washington DC you should be on the lookout for these new cameras. In addition, to the70 fixed and mobile red light cameras in the District of Columbia, and more than two dozen speed cameras, Mayor Gray is proposing new automated “traffic calming initiatives” Mayor Gray claims that the intent of the new cameras is not to generate revenue but to make the city a safer place of pedestrians and bicyclists. Fines for red light or speed camera violations are $125. Mayor Gray has also proposed programs that would target drivers who “block the box” as well as explore technology that could take pictures and ticket motorist who do not yield to pedestrians in crosswalks.

The Maryland personal injury lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. applaud these suggestions, since it will provide safer streets not only for DC pedestrians, and bicyclists, but also for the Maryland drivers coming into the city. We are hopeful, that these initiatives will prevent personal injuries and deaths.

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Beware of the Tractor Trailer

Posted on March 22, 2012 by bierachin

Approximately 5,000 people a year die in accidents involving large trucks and tractor trailers while over a 100,000 additional people are injured, many catastrophically. Although regulations to assure that only properly licensed, carefully trained and adequately rested drivers operate the tractor trailers and trucks, we all know from stories that are reported, on tractor trailer or truck accidents frequently cause catastrophic injuries because inadequately trained, overly-tired, or unlicensed drivers were behind the wheel. Additionally, preventative maintenance and record keeping requirements for tractor trailers imposed by either manufacturers or the Federal Government are frequently overlooked or carelessly maintained. Collisions with large trucks or tractor trailers frequently result in traumatic brain injury or death. Often the victims are children.

The tractor trailer lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. have had a long history of representing individuals injured through the carelessness of tractor trailer or large truck drivers or operators. Contact us for a free initial consultation.

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The Tragedy of the Tractor Trailer Underride Collision

Posted on March 20, 2012 by bierachin

The trailer portion of the tractor trailer is practically invisible at night. Illumination of the trailer portion on the tractor trailer is frequently limited to a few reflectors and some reflecting tape. When a tractor trailer operator finds the need to turn the trailer perpendicular to the roadway or, in the event that the tractor trailer becomes disabled and the trailer is perpendicular to the roadway, an emergency immediately arises. Operators of oncoming traffic are unable to see the trailer blocking the pathway until it is too late. The collision that occurs when a passenger vehicle crashes underneath the trailer is called a “trailer underride” collision. It occurs because the tractor trailer operator failed to exit his vehicle and place sufficient warning signs, flares or flashers far enough in advance of his trailer to assure that oncoming traffic would be aware of the danger and stop in sufficient time without going under the trailer. Needless to say, tractor trailer underride collisions are incredibly tragic. They can result in the decapitation of passengers in the vehicle striking the tractor trailer, often at high rates of speed. Even an attempt by a passenger to “duck” under the dashboard could result is catastrophic and permanent injuries. Tractor trailer underride. They are collisions that need not take place if the tractor trailer operator had taken more care in either assuring that the trailer did not block the roadway or placed sufficient warning signs, flares, etc. on the roadway.

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What is the Benefit to CSCS’s Personal Injury Law Group?

Posted on March 15, 2012 by bierachin

Chaikin, Sherman, Cammarata & Siegel, P.C. is a personal injury law group. Every client gets the benefit of being part of that group. When you work with Chaikin, Sherman, Cammarata & Siegel, P.C. you work with a dedicated staff of people, all of whom see themselves as part of the “personal injury law group Chaikin, Sherman, Cammarata & Siegel, P.C.” In addition to one of the three actively practicing partners, each client is assigned to a claims manager, an individual experienced in the insurance industry and dedicated to make sure that you receive all of the insurance benefits to which you are entitled. Not a single concern is overlooked. We are available to you 24 hours a day, seven days a week, 365 days a year. When you call our telephone number at 1-800-229-8384 you will hear the home or cell phone number of a partner available to talk to you 24 hours a day. So please contact us by phone or e-mail anytime.

We are always available for you and the first half-hour consultation is free of charge.

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What are the Components of a Personal Injury Claim?

Posted on March 13, 2012 by bierachin

There are three components to a personal injury claim. First, another person must act carelessly. Secondly, there must be an injury. Third, the injury must be a result of the carelessness of the wrongdoer. Occasionally, a client will call and say:

“I was driving down the street and a car crossed the center line and was heading right towards me but immediately before striking me he swerved back into his lane and avoided me. He could have killed me!”

In that situation the client correctly described carelessness. The other driver crossed the center line. Anyone who “crosses the line” or goes “through a red light” by not behaving reasonably and within the standard of care was careless. However, if no harm was caused, then no claim can be made.

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The Pain and Suffering Caused by an Automobile Collision is Frequently Not Felt Until Days Thereafter

Posted on March 7, 2012 by bierachin

The fact that pain and suffering caused by an automobile collision is frequently not felt until days after the accident occurred is well understood by people in the medical profession. Accordingly, if you are in an automobile accident, whether you feel pain immediately after the accident or within hours or, perhaps not until days after the accident, you still have a claim, so long as the injury you suffered is one that is related to the collision that took place as a result of the fault of another individual.

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