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Automobile Accident Litigation in D.C., Maryland and Virginia
We understand the emotional and financial toll car and motorcycle accidents can take on your life. Let us be your advocates, fighting for your rights and helping you on the path to recovery and justice. With over 50 years of combined experience, we’ll handle all aspects of your case, from property damage to bodily injury.
Top 3 things to avoid after an accident
After a car accident, it's important to make sound decisions to protect your well-being and legal rights. Here are the top three things to avoid:
Leaving the Scene: Never leave the accident scene until it's appropriate to do so. Fleeing the scene can result in criminal charges, and you should remain at the scene to exchange information with other parties and assist injured individuals if necessary. Take photos of the scene and vehicles as soon as you can.
Admitting Fault: Avoid admitting fault or apologizing for the accident, even if you think you may have contributed to it. Fault determination can be complex, and what you say at the scene could be used against you later in insurance claims or legal proceedings. Stick to the facts when speaking with others involved and law enforcement.
Neglecting Medical Attention: Don't underestimate the importance of seeking medical attention, even if your injuries seem minor. Some injuries may not manifest symptoms immediately, and a delay in seeking medical care could harm your health and complicate insurance claims. Always consult a healthcare professional for a thorough evaluation.
Additionally, it's crucial to avoid discussing the details of the accident on social media or with the insurance company without first consulting with an attorney. These actions can potentially harm your case. Consulting with a lawyer early in the process can help you navigate the situation and protect your interests
FAQs
What should I do immediately after a car CRASH or motorcycle accident
After an accident, ensure everyone's safety and call 911 to report the incident. Exchange insurance and contact information with other parties involved. If safe to do so, take photos of the accident scene, and seek medical attention if necessary. Finally, report the accident to your insurance company.
How can I prove liability in a car or motorcycle accident case?
Proving liability typically involves gathering evidence such as accident reports, witness statements, photos, and any available surveillance footage. An experienced attorney can help investigate the accident, identify liable parties, and build a strong case to establish fault.
What damages can I recover after a car or motorcycle accident in Washington DC?
You may be eligible to recover various damages, including medical expenses, property damage, lost wages, pain and suffering, and, in some cases, punitive damages if the at-fault party's actions were particularly reckless.
When should I contact a lawyer after a car or motorcycle accident?
It's advisable to contact a lawyer as soon as possible, especially if you've suffered injuries or significant property damage. An attorney can help protect your rights, gather evidence, and handle communication with insurance companies on your behalf.
What if the at-fault driver is uninsured or underinsured?
Washington DC requires drivers to have uninsured/underinsured motorist coverage. Maryland requires drivers to have no-fault insurance (also known as personal injury protection). If the at-fault driver is uninsured or underinsured, your own insurance policy can provide coverage for your medical expenses and property damage up to your policy's limits.
HOW MUCH DOES IT COST TO HIRE A LAWYER FOR MY CASE?
At Magalski and Schoenike, we offer free initial personal injury consultations to prospective clients. There are no fees unless we win your case. We will not charge you if your case is lost. There is no obligation if you want us to review your case, discuss your potential compensation, or talk about attorney’s fees.
TYPES OF ACCIDENTS
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Deciding to hire a lawyer after a car accident is a smart move for several reasons. Dealing with all the things that happen after an accident can be confusing, frustrating, and time-consuming. An experienced lawyer knows can help you understand what steps to take and what to expect next.
After car accidents, insurance companies will sometimes try to pay you less than you need to cover your expenses. Your legal team can step in and talk to the insurance company on your behalf, making sure you get a fair amount to help with your medical bills, property damage, lost wages, and other costs.
When an insurance company makes an offer that is less than fair, your legal can take the case to court. A solid team of lawyers can gather evidence and build a strong argument to ensure a fair judgment for you. Having a lawyer by your side increases your chances of getting the right compensation without having to stress about the legal side of things while you recover.
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Understanding motorcycle accidents, their effects, and the importance of hiring a lawyer is crucial if you or a loved one has been involved in such an incident. Here are some key points to know:
Motorcycle Accidents
Higher Risk: Motorcycle accidents tend to be more dangerous than car accidents due to the lack of protective barriers and the smaller size of motorcycles. Riders are more vulnerable to serious injuries.
Common Causes: Common causes of motorcycle accidents include other drivers not seeing motorcycles, speeding, reckless driving, and adverse road conditions.
Types of Injuries: Motorcycle accidents often result in severe injuries, such as head injuries, fractures, road rash, and spinal cord injuries. These injuries can have long-term consequences.
Effects of Motorcycle Accidents
Physical and Emotional Impact: Motorcycle accidents can lead to physical pain, disability, and emotional trauma. Recovery may require extensive medical treatment and rehabilitation.
Financial Consequences: Medical bills, property damage, and lost wages due to injury can create significant financial burdens for accident victims.
Legal Implications: Determining liability in motorcycle accidents can be complex. Insurance companies may dispute claims, and securing fair compensation can be challenging without legal assistance.
Hiring a skilled motorcycle accident lawyer can help you navigate the legal complexities, maximize your chances of receiving fair compensation, and provide peace of mind as you work toward recovery. It's important to consult with an attorney promptly after an accident to protect your rights and interests.
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Dealing with a car accident involving a rideshare service, like Uber or Lyft, can be different from other car accidents in several ways, primarily due to the unique circumstances and insurance complexities. Here's how it differs and what a lawyer can do to assist:
1. Multiple Parties Involved:
In rideshare accidents, there may be multiple parties involved, including the rideshare driver, the passengers, other drivers, and pedestrians. Determining liability can be more complicated, as each party may have their insurance coverage.
2. Insurance Coverage:
Rideshare companies typically provide insurance coverage for their drivers, but the level of coverage can vary depending on whether the driver is actively using the app, en route to pick up a passenger, or transporting a passenger. This complex insurance hierarchy can affect how and where you can seek compensation.
3. App Activity:
Whether the rideshare driver was actively using the app at the time of the accident is crucial. The driver's status (app on, app off, or en route to pick up) can impact the insurance coverage available.
4. Liability Disputes:
Insurance companies, including the rideshare company's insurer and those of other parties involved, may dispute liability. They may attempt to minimize payouts or shift blame to others. A lawyer can help protect your rights and ensure you receive fair compensation.
5. Gathering Evidence:
Lawyers experienced in rideshare accidents can gather and analyze data from the rideshare company, such as the driver's activity at the time of the accident and GPS records. This information can be critical in establishing liability.
6. Communicating with Insurance Companies:
An experienced lawyer can communicate with the various insurance companies involved on your behalf, ensuring that your rights are protected and that you receive the compensation you deserve.
7. Ensuring Adequate Compensation:
In cases of severe injuries or extensive damages, a lawyer can help you pursue compensation for medical bills, lost wages, pain and suffering, and other damages beyond what insurance companies may initially offer.
8. Legal Representation in Court:
If necessary, a lawyer can represent you in court if a fair settlement cannot be reached through negotiations.
A lawyer experienced in handling rideshare accident cases can help you navigate these complexities, protect your rights, and maximize your chances of receiving fair compensation for your injuries and damages. Consulting with an attorney as soon as possible after a rideshare accident is advisable to ensure your legal interests are safeguarded.
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Accidents involving buses or other forms of public transportation differ from regular car accidents in several key ways, primarily due to the involvement of public entities, specialized regulations, and potentially multiple liable parties. Here's how they differ and what a lawyer can do:
1. Public Entity Involvement:
Accidents with public transportation like WMATA or RideOn often involve government or municipal entities, such as city bus services or government-operated transit systems. Suing a government entity requires compliance with specific laws and shorter deadlines, making these cases more complex.
2. Sovereign Immunity:
In many cases, government entities enjoy some degree of sovereign immunity, which can limit their liability. However, there are exceptions and legal processes that allow claims against government agencies for accidents caused by their employees or negligence.
3. Specialized Regulations:
Public transportation vehicles, including buses, are subject to specific regulations and safety standards that may not apply to personal vehicles. A lawyer familiar with these regulations can assess whether they were followed and if any violations contributed to the accident.
4. Multiple Liable Parties:
In public transportation accidents, liability can extend beyond just the bus driver. The transportation authority, maintenance companies, and even manufacturers of defective parts may share responsibility. Identifying all liable parties is crucial for pursuing a comprehensive claim.
5. Insurance Coverage:
Public transportation entities often have unique insurance policies and coverage limits. A lawyer can help you navigate these policies and determine the available coverage for your damages.
6. Government Claims Process:
If you intend to file a claim against a government entity, there are typically specific procedures and deadlines you must follow. An experienced attorney can guide you through this process to ensure your claim is filed correctly and within the required timeframe.
7. Legal Representation:
Public transportation accidents often result in serious injuries or fatalities. A lawyer can advocate for your rights, helping you pursue compensation for medical expenses, lost wages, pain and suffering, and more. They may also represent you in negotiations or, if necessary, in court.
If you’re injured in an accident by a bus or other public transportation in DC, MD or VA, consult with a lawyer promptly.
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Pedestrian accidents in Washington, D.C., Maryland (MD), and Virginia (VA) share common characteristics, but there are also differences in the legal and compensation aspects in each jurisdiction. Here's what you should know about pedestrian accidents and potential financial compensation in these areas:
Common Aspects
Liability Determination: Liability in pedestrian accidents often hinges on whether the driver or pedestrian was at fault. Comparative negligence rules may apply, meaning compensation can be reduced if the pedestrian is found partially responsible.
Injuries: Pedestrian accidents can result in serious injuries, including fractures, head injuries, spinal cord injuries, and more. The extent and impact of these injuries can vary widely.
Insurance: In all three jurisdictions, drivers are required to carry liability insurance. This insurance can cover damages in pedestrian accidents, but the coverage limits may differ.
D.C. Specifics:
No-Fault Insurance: Washington, D.C., follows a no-fault insurance system, meaning that your own insurance typically covers your medical expenses and lost wages, regardless of fault. However, in cases of severe injury, you may be eligible to pursue a liability claim against the at-fault driver.
Contributory Negligence: D.C. follows a strict contributory negligence rule, which means that if the pedestrian is found even 1% at fault, they may be barred from recovering any compensation from the driver.
Maryland Specifics:
Contributory Negligence: Maryland also follows the contributory negligence rule, but with a slight variation. If the pedestrian's negligence is found to be 1% or less, they can still pursue compensation, although their recovery may be reduced.
Uninsured/Underinsured Coverage: Maryland requires insurers to offer uninsured/underinsured motorist coverage, which can provide additional compensation if the at-fault driver has insufficient insurance.
Virginia Specifics:
Contributory Negligence: Virginia follows the contributory negligence rule, which means that if the pedestrian is even slightly at fault, they may be unable to recover any compensation from the driver.
Med-Pay Coverage: Virginia insurers may offer Med-Pay (Medical Payments) coverage, which can help pay for medical expenses regardless of fault.
Financial Compensation:
Financial compensation in pedestrian accident cases can vary widely depending on factors such as the severity of injuries, medical expenses, lost wages, and pain and suffering. Compensation may include:
Medical expenses, including past and future costs.
Lost wages and diminished earning capacity.
Pain and suffering, which can be subjective and may vary from case to case.
Property damage (e.g., damaged clothing or personal belongings).
Funeral expenses in fatal accidents.
In some cases, punitive damages may be awarded if the driver's conduct was particularly reckless or malicious.
It's essential to consult with an experienced personal injury attorney who specializes in pedestrian accidents in your specific jurisdiction. They can assess the unique circumstances of your case, navigate the local laws, and help you pursue the maximum compensation you deserve. Consulting an attorney early in the process can protect your rights and interests.
Meet Our Attorneys
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Tom Magalski
Partner
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Lou Schoenike
Partner
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Chris Miller
Of Counsel