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Maryland’s Horrendous Law Capping Damages

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5 More Surprising Facts About Bicycle Crashes

Cities across America will probably continue to encourage their residents to ride bikes. After all, cycling is good for the health of the rider and good for the environment, but cars are not going anywhere. In fact, the coronavirus pandemic has increased the demand for cars–just look at used car prices. Unfortunately, cars and bicycles often don’t share the road in peace; this fact, quite often, manifests into cyclist suffering catastrophic injuries or even dying.  

We previously looked at five surprising facts about bicycle crashes, here we’ll look at five more.

  1. It’s sad but true that cyclist deaths are on the rise. Cyclist fatalities rose 38% from 2010 to 2018.
  2. Sixty-one percent of bicyclists killed in 2018 were not wearing helmets. Helmet use was unknown for 24 percent of the 2018 deaths.
  3. The great majority of people who die in bike crashes in the US are men. In 2018, 84% of deaths were male riders. Between 1975 and 2018, women never made up greater than a 25% share of bike fatalities.
  4. In 2018, between the hours of 6 and 9 pm, 21% of the crashes that resulted in cyclist deaths occurred. These were the peak hours for such crashes.
  5. In 2018, September was the month with the most fatal bicycle crashes, while March was the month with the least. More than double the number of crashes occurred in September, compared to March.

Many of the surprising facts about bike crashes may offer hints into how we can keep ourselves safe as we ride our bikes.

However, if you or a loved one has been involved in a bike crash in Maryland, you may have questions about your legal options. If you have not yet started a lawsuit and are contemplating bringing one, I encourage you to contact me today. I can answer your legal questions and would love to talk with you. You can reach me at 410-513-9978 or by email at stefan.akorli@fintusinjuryfirm.com.

5 Surprising Facts About Bike Crashes

During the pandemic, many people have rediscovered the joy of cycling. I personally love to ride my bike. There are few recreational activities I enjoy more. However, even I’d admit there is a significant issue with cycling. The issue is that, while being an activity that provides many health benefits, cycling can be dangerous–even deadly.

Here we’ll look at five surprising facts about cycling crashes.

  1. In the United States, each year, many cyclists die. In 2018, for example, over 854 cyclists in the US were killed in crashes with motor vehicles.
  2. The great majority–nearly 80%–of these cyclist deaths occurred in urban areas. Historically, things were different. In 1975, cyclist deaths occurred about equally in rural and urban areas.
  3. According to one study, 37% of cyclist deaths involved alcohol, either consumed by a motorist or cyclist.
  4. For every cyclist death in the US, there are about 550 injuries. In 2015, there were almost 467,000 bicycle-related injuries in the US.
  5. Data from 2010 show fatal and non-fatal crash-related injuries to bicyclists resulted in lifetime medical costs and productivity losses of $10 billion.

If you or a loved one has been involved in a bike accident in Maryland, you may have questions about your legal options. If you have not yet started a lawsuit and are contemplating bringing one, I encourage you to contact me today. I can answer your legal questions and would love to talk with you. You can reach me at 410-513-9978 or by email at stefan.akorli@fintusinjuryfirm.com.

Number of Pedestrians Killed Highest in Nearly 30 Years–Cyclist Deaths Rise

The number of pedestrians killed rose to its highest level in nearly three decades, the U.S. auto safety agency said this week. More pedestrians and cyclists were killed in 2018 than in any year since 1990.

In 2018, deaths of pedestrians rose, compared to the prior year, 3.4% to 6,283. In the last decade, deaths of pedestrians have jumped by 42%.

Meanwhile, the number of people killed on roads while using bicycles and other non-motorized vehicles also rose in 2018, climbing 6.3% to 857.

Three-quarters of all pedestrian deaths take place at night, the U.S. auto safety agency said, while 38% of pedestrians killed had alcohol in their systems and 74% were not at intersections when hit.

Auto safety experts say the growing number of drivers distracted by mobile devices is at least partly to blame for the increase in deaths. Relatedly, the Governors Highway Safety Association said the increasing shift in U.S. vehicle sales, away from passenger cars and toward light trucks, is also a factor in the rising number of deaths.

What Damages Are In Maryland?

In personal injury cases that start when a victim is injured by a wrongdoer who does not intend to cause injury, the victim has to establish certain things in order to get a financial recovery for his or her injuries. Let’s imagine you’re the victim here. One thing that you must establish is that the wrongdoer acted[1] in a negligent manner. Another thing you must establish is that the wrongdoer’s negligence caused your injuries. Finally, you must prove that you sustained “damages.” In past posts, we looked at how to show negligence and how to show causation. Here, let’s focus in on damages.

Damages in personal injury cases can range from a couple hundred dollars for an emergency room visit to many millions of dollars for catastrophic injuries and permanent disabilities. Calculating damages can be a very complicated process, so you should seek the assistance of an attorney.

You must show that you suffered actual losses due to the accident and your injuries. Common losses include the following:

  • Past medical expenses
  • Future medical expenses
  • Property damage
  • Loss of income or benefits
  • Loss of enjoyment of life
  • Pain and suffering.

If you have suffered injury and believe another party has acted negligently, you should not delay in consulting with an experienced personal injury attorney in Maryland. Damages can be complicated and a qualified attorney will know how to sufficiently gather and present evidence of negligence in court so that you can receive the compensation you deserve.

I realize you may have questions or concerns about your matter, which occurred here in Maryland. If you have not yet started a lawsuit and are contemplating bringing one, but still have questions, call me. I can answer your legal questions and would love to talk with you. You can reach me at 410-513-9978 or by email at stefan.akorli@fintusinjuryfirm.com.


[1] Sometimes the negligent behavior is a failure to act, an omission, like a doctor failing to diagnose a condition that he or she should have diagnosed.

What Causation Is in Maryland

In personal injury cases that start when someone is injured by a wrongdoer who does not intend to cause injury, you have to establish certain things in order to get a financial recovery for your injuries. One thing that you must establish is that the wrongdoer acted in a negligent manner–and we looked at what negligence is in a past blog post. However, establishing negligence is not enough, to surprise of many people. In addition to establishing the wrongdoer was negligent, you must establish “causation” and “damages.” Here, we’ll look at causation in Maryland.

A big issue in all personal injury litigation, including the malpractice area, is the issue of causation. The heart of many personal injury cases is not what the injury is, not the amount of damage or harm, but whether the wrongdoer caused the injury or damage.

In Maryland, you must prove that the individual’s “breach of duty” was a “proximate cause” of your injury. At a minimum, as part of the proximate cause issue, you must show “causation in fact.” This means, you must show, at a minimum, that the wrongdoer’s conduct actually produced your injury.

For example, in a medical malpractice case, this might be established by asking a medical expert, among other questions, whether–under the facts of the case–the expert has an opinion if the damages or harm you suffered were caused by the acts of the wrongdoer.

The other subset of proximate cause in Maryland, sitting beside causation in fact, is “legal cause.” When it comes to legal cause, the court asks whether the wrongdoer, in light of considerations of fairness and “social policy,” should be held liable for your injury, even when you have established that the wrongdoer’s conduct produced your injury.

If you have suffered injury and believe your injury is another party’s fault, you should not delay talking with a good personal injury attorney. Negligence and related personal injury legal concepts can be complicated, and a qualified attorney will know how to sufficiently gather and present evidence of negligence so you can receive the compensation you deserve.

I realize you likely have questions or concerns about your matter that happened here in Maryland. Well, if you have not yet started a lawsuit and are contemplating bringing one, but still have questions. What I encourage you to do is pick up the phone and call me. I can answer your legal questions. This is something I do every single day, and I would love to chat with you. You can reach me at 410-513-9978 or by email at stefan.akorli@fintusinjuryfirm.com.

What Negligence Is in Maryland

Many personal injury cases start when someone is injured by a person who does not intend to cause injury. In these cases, you have to establish certain things in order to get a financial recovery for your injuries. One thing that you must establish is that the wrongdoer acted in a negligent manner. While you may have a basic understanding of the word “negligence,” perhaps you don’t realize the exact definition, in the legal context, of negligence.

It is not enough to simply state that you believe the wrongdoer acted negligently. Instead, there are specific things you must show. The first step in proving negligence is to show that the wrongdoer had a certain “duty of care.”

Duty of Care

The law imposes various duties of care on different people in different situations. Some of these duties of care are set out in past court cases while others are set forth by laws made by lawmakers in Annapolis. The following are examples of duties of care:

  • Drivers have the duty to operate their vehicles in a reasonably safe manner to avoid injury to others.
  • Doctors and other professionals must act as a similar reasonable professional would in a  particular situation.
  • Mass transit providers, like train, taxis, buses, subways and other common carriers, owe their passengers the highest degree of care to provide safe means and methods of transportation for them.

Breach of Duty

Once you establish a duty of care, you then have to establish that the wrongdoer breached that duty. Examples of breach of duty include:

  • Impaired driving
  • Distracted driving
  • Fatigued driving
  • Failing to obey traffic laws and signals
  • Medical malpractice
  • Allowing hazardous conditions on a property
  • Providing inadequate security at a business
  • Selling a defective or dangerous product without warning
  • Inadequate supervision at daycare centers or schools.

You have to present evidence that the wrongdoer breached or failed to live up to their duty of care.

Once you establish a duty of care and the breach of that duty, you have established that the wrongdoer was negligent. However, this is not enough to entitle you to a financial recovery from the wrongdoer. In addition to establishing the wrongdoer was negligent, you must establish “causation” and “damages.” In many cases, but not always, once you have established causation and damages, you will be entitled to a financial recovery for the injuries you have suffered.

Of course, negligence, in the legal context, can be difficult concept to understand. If you have been injured in Maryland and believe it may have been due to someone’s negligence, you may have questions. Give me a call today, and let’s discuss your case.