Insurance Bad Faith Average Verdicts

I’ll file this under "I didn’t know that." Maryland does not allow for punitive damages in insurance bad faith claims but not so for the rest of the country where the average bad faith punitive damage award was $6,951,219; the median award was $1,000,000.

I have no idea if this is effecting cyclists or not but some insurance companies are messing up elsewhere and getting penalized then the odds are this is happening here as well.

So in talking about manslaughter by vehicle, contributory negligence, police/courts anti-cycling bias and then now this. Just seems like opportunities to stick it to the little guy abound in Maryland.
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Good Roads Movement

From Monument City Blog

In the late 1800s Baltimoreans were riding bikes much like the ones ridden today. The N. T. Slee Bike Shop sold Rambler models to the multitude of bikers that patrolled the city network on two wheels. The growing park system was a favorite place to ride, its trails endlessly winding through acres of undeveloped land. The city’s cobblestone streets were a different story.

The League of American Wheelmen was formed in 1880 when cycling clubs and bike manufacturers from across the country met in Newport, Rhode Island. Twelve years later they began publishing Good Roads magazine, one the earliest periodicals dedicated to all things cycling. The group’s main objective was to secure safe and decent road conditions for America’s bicycle enthusiasts. The League was a powerful political force, its Good Roads Movement successful and important long before cars were popularized.

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U.S. gives Baltimore County grant for traffic safety … for heavy trucks???

[B’ Spokes: If Baltimore County did not have such a high pedestrian fatality rate and for better pedestrian safety they targeted both sides of the problem and not just j-walking pedestrians I might get more excited over this. But heavy trucks are only involved in 6.6% of Maryland’s traffic fatalities, seems like a strange item to headline with.]
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from Getting There by Michael Dresser

The U.S. Department of Transportation has awarded the Baltimore County Police Department a $415,000 grant to bolster its traffic enforcement efforts — especially those involving heavy trucks.

Among other things, the grant money will be used to buy 200 electronic ticketing machines for police cars in an effort to improve the efficiency of traffic stops — getting officers back on the road more quickly to catch more violators.

The award was announced Monday at a news conference involving County Executive Kevin Kamenetz, police Chief Jim Johnson and Bill Bronrott, deputy administrator of the Federal Motor Carrier Safety Administration.

In addition to the electronic citation system, the money will be used to develop an education program for police and court officials on traffic enforcement for commercial vehicles such as trucks. Bronrott, a former Maryland delegate, said the money would be used to beef up enforcement in such areas as speeding, drunk driving, seat belt use and distracted driving.
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Mortified to see that I was listed as the ‘at fault driver’.

From BestLifeInsurancePolicies.com
Right now I am laying in the hospital with a severe hip fracture that could affect me for the rest of my life. I am and avid cyclist, mountain biker and hiker and I am very worried that I will have life long problems associated with this injury that will limit me from participating in my favorite activities.
I have finally obtained a copy of the accident report and was mortified to see that I listed as the ‘at fault driver’. I suffered a minor concussion during the accident, but I can remember every single event that lead to the accident. In short I was T-boned by an suv doing 50mph trying to make the light as I received the left turn green signal. The lone witness’s statement is a complete lie. No tickets were issued for the accident, but as mentioned the report listed me as at fault.
As I am lying here with a broken body, out of work for three months, out of a car, and as it seems out of luck. I am wondering I have any hope for getting my life back and getting some sort of compensation.
The accident occurred in Maryland
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Maryland Citizens Against Lawsuit Abuse Editorial

[B’ Spokes: There is no doubt that contributory negligence is an obstacle that prevents bicyclists and pedestrains from collecting damages resulting from an at fault driver like in this story: Bicyclist Loses Lawsuit Against Truck Driver And of course one of the reasons why a change is resisted because insurance companies will now have to pay out more to injured parties.

It has been said that contributory negligence is intended to discourage negligent behavior
that causes accidents by denying recovery to those who fail to use proper care for their own
safety.

That is such a dishonest statement when applied to vulnerable road users. Comparative negligence also denies full recovery to those who fail to use proper care for their own
safety but proportionate to each party that failed to exercise proper care. Instead we have a system that looks at the victim and asks if they did everything 100% correctly they could have done to prevent this crash, if not then no recovery. Why should the victim be held to a higher standard then the perpetrator?

In a State that has some of the worst driver’s in the country it makes no sense to me to try and keep their insurance rates low on the backs of their victims.

After the fold a couple of links to past fiscal policy notes that give a hint why this has not been changed yet.]


from Maryland Injury Lawyer Blog:

Todd Lamb, executive director of Maryland Citizens Against Lawsuit Abuse, and Ellen Valentino write an editorial in the Maryland Daily Record on the apocalypse that would occur if Maryland joined 90% of states in this country and adopted a comparative negligence standard. Essentially, the authors’ argument makes two points: (1) comparative negligence should not be adopted by anyone other than the Maryland legislature and (2) comparative negligence would cause great economic hardship for Maryland.

I understand the authors’ point that any change in the standard should come from the legislature. I think the majority of the Maryland Court of Appeals will agree with the authors on this. On the other hand, as Judge Bell pointed out in commissioning a study on contributory/comparative negligence, Maryland’s contributory negligence rule is a common law rule. Arguably, the legislature’s failure to act is not approbation of contributory negligence. Can the court never change a rule because the legislature has not changed it for them? But I’m getting too far afield… I can see arguments on both sides of this issue.

The idea that Maryland’s economy is going to suffer from comparative negligence is just plain silly. Maryland, Virginia, Washington D.C., Alabama, and North Carolina are the only jurisdictions in the country that have retained contributory negligence. Has any serious economist – which I define for these purposes as someone who has taken an introductory economics course – suggested that these economies are meaningfully stronger and have lower inflation because of contributory negligence? Please.
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AAA Oppose FDNY Crash Fees at Public Hearing

from Streetsblog New York City by Noah Kazis

At a public hearing held by the Fire Department this morning, every person who testified spoke against charging a fee for FDNY response to traffic crashes, calling it inappropriate to make drivers pay for what they said ought to be a basic government function.

The charges are part of the Bloomberg administration’s attempt to close a budget deficit. The Fire Department proposes to recover the cost of responding to a traffic crash by charging the motorists involved between $365 and $490, depending on the severity of the crash. They estimate the fees would raise $1 million a year.

The charges can also be seen as an attempt to make motorists bear some of the enormous cost of traffic crashes. According to the city Department of Transportation, traffic crashes cost $4.29 billion a year.

No one at this morning’s hearing saw it that way. Opposition focused on whether it was right to switch from using general taxation to fund fire services to a user fee model:

  • The charge would “radically alter the relationship between the city’s taxpayers and the services they receive,” said City Council Member Dan Garodnick in a statement read by an aide. Continuing down this path, he argued, would create “two forms of government – one for those who can pay and one for those who cannot.”
  • “Imposing crash taxes on individuals unfortunate enough to have accidents adds insult to injury,” said AAA New York’s John Corlett. “Public safety services are a core government function and therefore should be properly budgeted for.”
  • The flat charges would place “a disproportionate financial burden on poor and minority citizens,” said William McDonald of the NAACP’s Jamaica Branch, speaking for the branch’s president.

Council Speaker Christine Quinn also wrote in to the Fire Department in opposition to the fee. “The Fire Department doesn’t charge for its response to structural fires, and the Police Department doesn’t charge for patrolling a block. Charging for responding to the scene of an accident is a slippery slope,” she wrote. She also worried that drivers might choose not to call 911 if faced with an additional fee, leaving people on the road who shouldn’t be, like injured or drunk drivers.


[B’ Spokes: It is normal when paying a traffic fine to have court costs added on so why not structure emergency services charge the same way?

“Imposing crash taxes on individuals unfortunate enough to have *accidents* adds insult to injury. ” This is such a misleading framework, bad drivers are not unfortunate, they are a menace to society. A at fault driver did not have an “accident.” They CAUSED a crash, they did public harm.

Seriously, we want to prevent a disproportionate financial burden on poor drivers? Poor drivers and good drivers should all pay equally into the system.???

We look at the huge number of traffic injuries and fatalities as a “normal” part of life, we look at driving as boring and requiring so little attention that we talk on cell phones and we text. And then respond that we don’t want to be penalized for distracted driving or diving 15 miles an hour above the speed limit or any of the other things people generally do.

Police Department doesn’t charge for patrolling a block, heck they hardly ever patrol the block because they are out there responding to the huge number of traffic accidents. We are getting less public service for the general good under the current system. Crashes are taking away from what we would rather have people do. Besides if you want to have a big public event for the public’s enjoyment and need extra police services you need to pay for them while people creating public harm get the services for free.

We really need to stop looking at traffic crashes as unfortunate accidents, and loss of life or limb is not just an unfortunate consequence of being able to drive really fast with no thought about other interests but your own..
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On Bike Lanes, Road Widths, and Traffic Safety

by Tom Vanderbilt

Even if the lanes were narrowed, as John LaPlante recently argued in the journal of the Institute for Transportation Engineers, “there is no significant crash difference between 10-, 11-, and 12-foot lanes on urban arterials where the speed limit is 45 mph (or less).” (a finding, he notes, that was unfortunately left out of AASHTO’s recent Highway Safety Manual). [Also note there is no difference in capacity for 10-12 lanes as well.]

But in non-highway environments, there’s all kind of evidence that reducing the number of lanes (a.k.a. the ‘road diet’) can have positive safety benefits. As the Federal Highway Administration has noted:
Road­ diets­ can­ offer­ benefits ­to­ both ­drivers ­and­ pedestrians… road diets may reduce vehicles speeds and vehicle interactions, which could potentially reduce the number and severity of vehicle-to-vehicle crashes. Road diets can also help pedestrians by creating fewer lanes of traffic to cross and by reducing vehicle speeds. A 2001 study found a reduction in pedestrian crashing risk when crossing two-and three-lane roads compared to roads with four or more lanes.
But what if one of those lanes your crossing is a bike lane? Surely that must make things less safe, no? More interactions in less space. In a forthcoming paper to be published in the Journal of Environmental Practice Norman Garrick and Wesley Marshall examined 24 California cities (12 with relatively low traffic fatality rates, 12 with relatively high rates). They found that the cities that had a higher bicycle usage had a better safety rate, not just for cyclists but all road users. They write:
"Our results consistently show that, in terms of street network design, high intersection density appears to be related to much lower crash severities. Our street design data also contains strong indications of these trends; for example, the high biking cities tend to have more bike lanes, fewer traffic lanes, and more on-street parking. At the same time, large numbers of bicycle users might also help shift the overall dynamics of the street environment – perhaps by lowering vehicle speeds but also by increasing driver awareness – toward a safer and more sustainable transportation system for all road users."
And as Eric Dumbaugh, of the University of Texas A&M, notes, “most recent research reports that wider lanes on urban streets have little or no safety benefit, at least to the extent that safety is measured in terms of empirical observations of crash incidence” (e.g., Potts, I.B., Harwood, D.F., & Richard, K.R. (2007). Relationship of Lane Width to Safety for Urban and Suburban Arterials. Transportation Research Board 2007 Annual Meeting; Milton, J., & Mannering, F. (1998). The relationship among highway geometries, traffic-related elements and motor-vehicle accident frequencies. Transportation 25, 395–413; and so on).

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Drunk driver who killed Stan Miller gets eight years prison, then five years probation

By The Daily Randonneur
A group of D.C. Randonneurs and many others who cared about slain cyclist Stan Miller attended the sentencing of Stan’s killer, Quinzy Fraser, today in Rockville. Md. They were among about 75 friends of Stan who appeared, and another 75 or so on behalf of Mr. Fraser.
I’m told by one of those who were there that the judge sentenced Mr. Fraser to the full 10 years allowable for vehicular manslaughter, with two years suspended. Mr. Fraser was also given five years probation.
Both the prosecution and Mr. Fraser’s defense argued their respective cases. It came to light that this was Mr. Fraser’s third drunk driving incident, one more than was commonly known.
Stan died last June 25th when a drunk Fraser, driving his SUV with a .20 blood alcohol content, hit him at high speed on the shoulder of Maryland Rt. 27 during the evening rush hour.
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[B’ Spokes: This is the first conviction of Vehicular Manslaughter that I am aware of. You’ll note the very high bar to prove "driving in a grossly negligent manner." Three prior DUI’s, near three times the legal limit of blood alcohol content, resisting arrest, assaulting a police officer and driving at a high rate of speed.
I also find it interesting that this is not in addition to DUI charges but instead of DUI charges. I am guessing here but perhaps that’s why we rarely see this charge because if you can only charge one or the other you risk not getting a convection if you go for the harder to prove gross negligence. If any lawyers want to chime in on this point, please do.]
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