Every motor vehicle registered in Maryland is now required to carry a minimum of $30,000 coverage for each claimant and a $60,000 combined total for any one accident or incident. This not only protects motorists in the event that they cause an accident that result in a personal injury or wrongful death to another person, but also ensures that individuals injured in Maryland motor vehicles have additional coverage through uninsured motorist coverage in the event the accident was caused by a vehicle that does not have insurance.

The legislation was approved in March 2010, rising the minimum Maryland auto insurance requirements for the first time since 1972, despite dramatic increases in the average costs of medical care for personal injuries from Maryland accidents over the past thirty years.

While $30,000 of insurance coverage will still be insufficient compensation for a large number of Maryland accident injuries, raising the floor from 20/40 to 30/60 is a step in the right direction. In addition, motorists can (and should) purchase higher insurance for Maryland cars to protect themselves, their riders and household family members in the event they are involved in an accident with a vehicle that only has minimal limits.

The case stems from the death of a five-year old, who drowned in July 2006 at the Crofton Country Club pool. After hearing all of the evidence presented at trial, including information about the negligence of the pool operators and the impact the death has had on the parents, the jury awarded the family $4 million in compensation. However, under the Maryland damage cap, that jury award was cut to about $1 million.

The Maryland pain and suffering damage cap currently limits a plaintiffs damages to $725,000. However, the cap increases by $15,000 on October 1st of each year, so it was $665,000 at the time of this child’s death in 2006.

For Maryland wrongful death lawsuits where there are two or more claimants (in this case both parents presented claims), the court can award damages equal to 150% of the cap. Therefore, the family’s non-economic damages, including damages other than medical expenses, funeral expenses or other quantifiable financial loss, was capped at $997,500.00.

Caps on damages are imposed for all Maryland personal injury lawsuits, creating an unfair situation that does not provide adequate compensation to those who have suffered the most. Capping damages also results in a situation where corporations are able to act without regard to consumer safety, knowing that their damages will be limited regardless of the catastrophic impact of their negligence.

Plaintiffs argued at a hearing last week that the damage cap is also unconstitutional by interfering with the decision of the jury.

Although it is unlikely the Court of Appeals will strike down the 24 year old law, and reverse prior rulings that have upheld the cap, several courts from other states have recently overturned or limited the use of such jury award caps. This year, the state supreme courts in both Illinois and Georgia have overturned medical malpractice caps in those states, agreeing that they violate individuals’ constitutional right to a trial by jury.

Our Maryland personal injury lawyers have seen first hand the unjust impact that the damage cap can have by limiting the recovery for individuals who have suffered devastating loss and who are often left with a life-time of severe pain and suffering. It is impossible for the legislature to determine the amount of compensation an individual is entitled to as a result of the negligence of another. That decision is best left to the individual jury and judge who sat through the trial and heard all of the evidence presented.

The legislation, House Bill 825, increases the minimum required insurance for cars in Maryland from $20,000 to $30,000 for any single person and from $40,000 to $60,000 for the combined total for any one accident.

Motorists can (and should) purchase higher insurance for Maryland cars to protect themselves and ensure that they have more coverage in the event they are involved in an accident with a vehicle that only has minimal limits. However, many vehicles only carry the minimum required coverage, leaving many Maryland personal injury victims without adequate insurance coverage for their injuries.

Automobile insurance coverage not only protects motorists in the event that they cause an accident that results in a personal injury or wrongful death to another person, but it also provides coverage for their own injuries in the event that they are involved in an accident caused by an uninsured motorist of underinsured motorist.

While it is the opinion of our Maryland accident lawyers that the minimum insurance coverage in Maryland should be even higher, raising the floor from $20,000/$40,000 to $30,000/$60,000 would be a step in the right direction. The minimum insurance for Maryland automobiles has not been increased since 1972, while the cost of medical care associated with auto accident injuries has dramatically increased over the past three decades.

The House is scheduled for a final vote on this legislation tomorrow morning, so take this opportunity to email or call your elected official to show your support for this legislation.

Our accident attorneys have successfully represented clients in prior lawsuits against WMATA, (Washington Metropolitan Area Transit Authority) involving serious injuries sustained in bus and subway accidents. For over 35 years, our law firm has been representing injury victims in Washington, D.C., Maryland, Virginia and Pennsylvania.

While the investigation into the subway crash is ongoing with the National Transportation Safety Board, it appears that safety system failures, poor maintenance and/or operator error caused or contributed to the accident. If you, a friend or family member were injured or killed in the accident, it is important to take immediate steps to make sure that your interests are protected.

WMATA officials have already issued statements asking victims to submit claims directly to their risk management department. However, contacting WMATA without first speaking to an attorney could impact the ultimate value of a claim. Protect yourself and your family by contacting one of our Washington DC and Maryland injury lawyers for a free consultation.

A study performed at the University of Alabama and Harvard Medical School found that the price of gas has a direct impact on the number of fatal traffic crashes each month. Researchers examined fatal traffic accident statistics collected by the Fatality Analysis Reporting System (FARS) from 1985 to 2006. Economists extrapolated the link between rising gas prices and decreasing traffic deaths based on data already associated with falling gas prices.

The data indicated that fatalities are reduced by 2.3 percent for every 10% rise in gas prices, and the effects are even more dramatic for teen drivers. According to the Maryland Department of Transportation, State Highway Adminiatration, on average, more than 630 people die each year in fatal Maryland traffic accidents. So that means nearly 15 Maryland accident deaths could be avoided by a 10% increase in gas prices.

The results of the study were presented at a meeting of health economists in North Carolina last month. While the researchers certainly are not suggesting that increasing gas prices is the best way to deal with traffic fatalities, they did find that higher gas prices were much more effective at saving lives than the enactment of other measures, such as lowering the limits of permitted blood alcohol levels and mandatory seat belt laws. However, researchers did find that restrictive license measures lowered road accident fatalities by 24% nationwide for drivers between 15 and 17 years old.

The reality is that high gas prices cause people to drive slower and less often, which common sense indicates will lead to a reduction in the number of serious accidents that could result in death.