Maryland Law Blog

If you die without a Will, the law of your State provides for the distribution of your assets. So, it's not necessarily bad if someone dies without a Will. But, if you are alive and cannot give direction about your care to your doctor, things can become complicated and expensive. Often, someone has to go to Court and have a guardian appointed. That's why I urge all of my clients to have an Advance Directive. It's a legal document that combines a living will with a medical power of attorney and often includes directions about organ donation and disposition of your body. Some of the people I see hesitate and procrastinate because of bad information.

One of the common misconceptions is that your doctor won't work as hard if you are an organ donor. This and other myths are addressed on the UNOS (United Network for Organ Sharing) website. The facts are: "If you are sick or injured and admitted to the hospital, the number one priority is to save your life. Organ donation can only be considered after brain death has been declared by a physician. Many states have adopted legislation allowing individuals to legally designate their wish to be a donor should brain death occur, although in many states Organ Procurement Organizations also require consent from the donor's family."

So, don't hesitate. Get your Advance Directive done as soon as possible. Go here to get a link to a form for your State And, you should also consider having a durable financial power of attorney so that your financial affairs can be handled without the appointment of a guardian. Finally, if you don't have a Will, do that too.

Attorney George Meng is a partner at the Maryland Law Firm Meng & Alpert, LLC. Mr. Meng concentrates his practice in the fields of Estate and Trust litigation and Real Property litigation however, he has extensive experience with Maryland Personal Injury litigation.

In an interesting story about the seemingly ever rising cost of auto insurance in the state of Maryland, the Baltimoresun.com reports that Maryland Insurance Commissioner Ralph S. Tyler has ordered nine premium finance companies to stop charging unlawfully high finance charges to drivers who are insured by the Maryland Automobile Insurance Fund (MAIF). The order follows a yearlong investigation by regulators into the activities of the finance companies, which have been criticized by state lawmakers seeking to lower costs for consumers.

The Maryland Automobile Insurance Fund was created by the Maryland State Legislature for the purpose of providing automobile liability insurance for those residents of the State of Maryland who are unable to obtain it elsewhere in the private insurance market.

Many MAIF policyholders rely on premium finance companies because state law requires that the total annual premium for any MAIF policy be paid upfront, at an average cost of $1,700.00. For many drivers, pre-payment of their annual policy is simply not feasible and using a financing company is their only option.

In addition to ordering a stop to excessive finance charges, two of the companies must refund interest charged on policies that were never issued, due to refusal of coverage by MAIF or withdrawal of the policy by the consumer. It has been estimated that this order is expected to save consumers approximately $100.00 per year per policy used.

For more information about this subject please contact Meng & Alpert, LLC toll free at 866-444-6363.

A recent article published on wmdt.com explains that local and state politicians have pledged funds to help improve several of Maryland’s roads and highways. Among the projects slated for new construction are Route 589, Route 113, and the Sinepuxent Bay Bridge. But can new construction contribute to the likelihood of serious personal injury resulting from auto accidents on Maryland roadways?

Though driver error and negligence plays a huge part in auto accidents, road conditions can dramatically affect an accident’s outcome and increase the chance of delayed reaction time, distracted driving, and poor decision-making. Add adverse weather conditions, driver fatigue, and issues of negligence, and you have a recipe for disaster – after all, Bethesda car accidents don’t just cause property damage, they can cost you serious personal injury and even your life.

Why are road conditions so important to drivers? Simple: the quality of a driver’s operation is only as good as the roads he or she drives on. Insufficient shoulders, poor safety precautions, obscured signs, and construction debris can create dangerous roadblocks and distractions to drivers, causing loss of control and encouraging more accidents. Thus, increased construction can sometimes hurt more than it helps.

Luckily, Maryland drivers can take negligent drivers to task for the injuries caused by car accidents and even potentially file lawsuits related to unsafe road conditions in Maryland when they do arise. If you or a loved one suspect road conditions may have played a factor in your motor vehicle accident, a consultation with a knowledgeable personal injury attorney can help you better understand your rights and determine the best course of action in your case.

For further information on this subject please contact Meng & Alpert, LLC for a complimentary case evaluation.

Unfortunately as reported in the following article there has been another Maryland auto accident fatality involving a teen driver. The incident occurred in Damascus, Maryland where Ryan Didone, the 15-year old son of a Maryland police district commander, was killed in a car crash while on his way home from a youth worship meeting. The article reports that Didone was a passenger in a car with other teenagers when the driver, 17 year old Zachary Kimble, lost control of the vehicle, causing it to strike a tree and catch fire. Ryan Didone was not wearing a seatbelt. Kimble was said to be a new driver who lost control of the vehicle on a curvy roadway.

It was reported that four other teens riding in the vehicle survived the crash, though one remains in critical condition. There is no word yet on whether any criminal charges will be filed against Kimble or whether Didone’s parents will file a civil claim for the death of their child. In either instance, the crash will involve extensive investigation and reconstruction to determine the exact cause of this accident and to develop facts which may help prevent such tragedies in the future.

This car crash highlights two important facets of criminal defense: the importance of on-the-scene circumstances and the absolute need for a thorough reconstruction and investigation of the incident. The extent of Kimble’s fault for this fatal car accident and the restrictions on his driving privileges and his insurability to operate a motor vehicle in the future will be determined in any future criminal, civil and administrative proceedings. The fact that Didone was not wearing a seatbelt may not deprive his estate and family from filing a wrongful death claim under Maryland law however, this case highlights the devastating results of youthful disregard for their need to buckle up when they are driving or riding in a car.

Continue reading " Maryland Car Crash Kills Police Officer’s Son " »

A recent Washington Post article has highlighted the growing popularity of car cameras that keep tabs on teen drivers – and the cameras in question are available free of charge to Southern Maryland families. The program, which was created in response to the increased problem with teen fatalities due to Maryland auto accidents, was funded by the Maryland Highway Administration and installs cameras that capture in-car and external activity while a teen is driving. Video is streamed to the DriveCam offices and parents are informed of video postings.

The thought behind the teen cams? Encourage safe driving with an in-car monitor when parents are unable to drive with a teen. But will the cameras really help teen drivers? Signs point to yes, since the cameras are triggered by high-force events such as sudden braking. The efficacy of the program will have to be tested over time, however, and its final outcome is not yet known.

Regardless of the camera’s usefulness for some Southern Maryland drivers, the sad fact remains – teen drivers can pose a real hazard to others on the road. Luckily, the civil court system allows personal injury victims to seek restitution and compensation for car accidents.

Meng & Alpert has represented several individuals who have been permanently injured by teen drivers in car accidents in Maryland and recently obtained six-figure settlements for clients who were struck head-on by youthful offenders in Southern Maryland. Though it can be easy to brush off teen crashes as part of the natural driving learning curve, it’s a price the victims of serious car accidents shouldn’t bear on their own. As is the case with all drivers, teens should be taken to task for their mistakes, especially when they threaten lives and cause life-long disability or the need for continuing medical treatment and medical expenses.