Month: October 2010

from Maryland Injury Lawyer Blog
It is amazing how many plaintiffs’ accident lawyers file suit, name experts, and then give a key expert like a treating doctor a call to find out the expert’s opinion on the case. It is equally amazing how often insurance company lawyers wait until after the discovery deadline passes before having a substantive conversation with their experts about the case.
Some attorneys just don’t want to spend the time to be proactive because, hey, the case might settle. Why spend the time on the front end lining up the treating doctor? In some cases, the economics of the case demand this approach. I would not line up experts in a garden variety soft tissue injury case before trial. Because your proactivity (a word I just made up) might not be in the client’s long term interest.
But assuming you have a very serious injury car or truck accident case and you need an expert, get the experts on board early. How do you know you need one? Do you have a problem with speed, with drinking, with highway design, with a “dangerous condition?” Well, you won’t know if you have any of those things if you don’t investigate your claims properly.
But when you discover these issues, here is why you need that expert early. If the issue is speed, you need your accident reconstructionist involved early even if you never intend to call an accident reconstructionist at trial – it is the evidence that is key. Skid marks fade or wash away, and vehicle damage is repaired. Photos are not always enough, if the depth of a dent, the gear a car locked into at impact, or the length of a skid is at issue. Dents get fixed, cars are sold for salvage, and you can’t measure a photograph. The design of the road could be changed, or lights and lane markings can be moved. Once the truck with the improperly secured load is taken away without being photographed, you can’t get that evidence back. After this happens, you can’t undo the damage to your case. But once you lock the important facts in with an early expert investigation, there isn’t anything the other side can do to make that evidence go away.
Continue reading “When to Get Your Experts Lined Up?”

This page is inspired by a horrible woman I met in Ellicott City, Maryland. Pulling into a coffee shop, she made a right turn right in front of me, forcing me to skid on both wheels and one foot, still tapping into her bumper as I came to a stop. When I politely confronted her in the parking lot, she spouted various anti-cycling garbage, such as “you should ride on the sidewalk” and “I hope they make you pay taxes”. I couldn’t even get it through to her that she nearly landed me in the hospital and herself in jail, so I thought of making this little sheet with some rules and statements on it. Maybe she was angry and rushed at the time, but if I had put this in her hand there’s a chance she would have read it later. From now on, I’ll bring a couple copies of this in my pocket when I ride, and I’ll put it in the hands or under the windshield wiper of motorists who offend or endanger me, when it doesn’t look like they’re ready to talk to listen. Maybe we’ll make another version to leave around in public plates. It works for Jehovah’s Witnesses, right?

Dear Motorist,
You have this sheet because you did something in traffic that put a cyclist in danger. We understand it was probably an accident, and we mean no offense, but please take a minute to read these points of laws, etiquette, and common misconceptions, to prevent future issues.
1. When you are preparing to make a right turn, watch for cyclists who may pull up alongside your vehicle. Remember to check your blind spots over your shoulders.
2. When you are about to make a right turn, do not pull up beside a cyclist or in front of them and then turn and cut them off. Just wait the extra couple of seconds for the cyclist to pass, and make your turn when it’s clear. This is the biggest cause of bicycle-motor vehicle collisions.
3. When passing a cyclist, go around them like you would any other vehicle. Leave lots of room: at least three feet.
4. A cyclist riding their bicycle is considered by law to be a vehicle. It’s actually illegal for cyclists to ride on the sidewalk, which is reserved for pedestrians.
5. Always check for cyclists before pulling off the curb to avoid a dangerous collision.
6. Cyclists are required to ride as close to the curb as possible [That is not correct, maybe in 14’+ lanes but those are rare.] However, they may need to ride further out when they have to steer away from drainage grates, pot holes, debris, loose gravel or sand, wet or slippery surfaces, rutted or grooved pavement and even dogs. Be aware of the roadway conditions that may affect a cyclist. If we are in your way, please understand we’re not slowing you down on purpose. If there was a bike lane or a shoulder, we’d be riding there instead. We do not mean to slow traffic.
7. The law does permit cyclists to ride side-by-side. We do our best to move single-file if we’re holding up traffic. A slight tap on the horn is a reasonable reminder if we don’t notice you.
8. Do not sound your horn unnecessarily when you are overtaking a cyclist. It may startle them and cause them to lose control. We get it all day, usually from people who are angry. Even if your motivation is friendly, we can’t tell the difference.
9. Do not follow too close behind cyclists. They do not have brake lights to warn you when they are stopping.
10. When parked at the curb, always check for cyclists before you open your vehicle door. It is the driver’s responsibility not to open the vehicle door into traffic.
11. Cyclists do pay taxes, just like you. Most cyclists also have cars, and pay all the appropriate fees, but that road tax is actually only spent on freeways and highways. Local roads where cyclists ride are paid for through local, property, and sales taxes.
12. All cyclists have families and loved ones. Many cyclists are injured or killed every year by motorists, leaving tragedy behind them.
Thanks for reading.

This letter brought to you by SharetheDamnRoad.com, cycling advocacy and apparel.

Continue reading “PRINT THIS”

By Ronnie Cummings and Lauren Evan
On Oct. 1, a law went into effect that requires drivers in Maryland to maintain three feet of distance between themselves and cyclists on the road.
But is this law enforceable?
According to District 1 Commander Maj. Robert Liberati, the purpose of the new law is more to protect riders in general than to cite each car specifically that breaks the 3-foot space bubble. For example, if a cyclist is injured or killed by a car, this is simply one of the charges that can be brought against the driver.
"We were briefed on all the new laws and how they affect enforcement," Liberati said. "However, there’s been no specialized enforcement because of that law."
Nevertheless, Liberati said cyclists are encouraged to call the police if they feel bullied on the road and to provide the dispatcher the most specific vehicle information possible, including the make, model and color, and of course, a license plate number if possible.
Though the presence of a witness is required in order for a citation to be issued, Liberati did say that police could keep an eye out for that particular car while out on patrols, or even track down the driver’s phone numbers and give him or her a call, warning them to be more careful in the future. This tactic is particularly effective if the car in question is a company vehicle, like a semi truck, since police can then call their employers.
However, the odds of sending someone to jail over the the new law are pretty slim.
"In most cases, there’s no evidence other than your word against their word," Liberati said. "What would happen in court? Probably not much."
Patch editor Lauren Evans unwisely decided to take her bike out for a spin down Route 1, to see if the arrival of Oct. 1 did indeed bring with it a magical bumper to keep her safe from abuse by cars on the road. It didn’t.
Continue reading “Testing the "3-Foot Law"”

NEWS RELEASE: Mayor Announces Salisbury’s Police Chief
Mrs. Barbara Duncan will be relocating from Yonkers, NY where she served as Chief of Police for the City of Mount Vernon Police Department since 2008. The City of Mount Vernon is the third most densely populated city in New York State. It shares a border with Bronx County in New York City.
Mrs. Duncan is qualified and motivated with skills developed over a 21 year career in law enforcement with 14 of those years in the executive leadership level.
Since 1989 she served as a police officer for the City of Mount Vernon and created and implemented a Bicycle Patrol Unit, served as patrol Sergeant with overlapping duties to Organized Crime/ Internal Affairs. Mrs. Duncan was instrumental in creating the Citizen Police Academy.
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Continue reading “There’s a new Chief of Police coming to Salisbury”

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Converting MD 237 to a dual highway, Rager suggested, will improve vehicle flow and will provide tremendous pedestrian benefits, with five miles of new sidewalks that safely link communities near the Chancellor’s Run Park and the Loffler Senior Center. Five-foot bicycle lanes will mean a safer ride for cyclists.
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Continue reading “SHA Projects Update for St. Mary’s County”