Preller Law Firm, LLCBaltimore Personal Injury Attorney | Motor Vehicle Accidents, DUI2024-03-15T06:54:02Zhttps://www.prellerlawfirm.com/feed/atom/WordPressOn Behalf of Preller Law Firm, LLChttps://www.prellerlawfirm.com/?p=470772024-03-06T17:44:00Z2024-03-06T17:44:00ZWhat are open container laws?
These laws are, simply put, laws that make it illegal to have open containers of alcohol in the passenger areas of a vehicle while it is being driven or parked on a public road. The laws include any open bottle, cans or container of alcohol.
In Maryland, it is illegal for the driver or any passenger to possess an open container of alcohol in the passenger areas of a vehicle while the vehicle is in motion. These laws apply to having any alcoholic drink or empty container of alcohol in the passenger areas of the vehicle.
Passenger areas
It is important to understand what "passenger areas" means because the laws specifically target these areas.
Passenger areas are any part of the vehicle where people sit or ride. It also includes the glove compartment and the center console.
Exceptions
But what about exceptions? There are certain types of situations when you might see people drinking inside a vehicle where it is legal to do so.
For example, passengers in limousines, taxis or buses are allowed to have an open container of alcohol. In addition, passengers in the living area of a mobile home or trailer are exempt from these laws. Note that drivers may never drink and drive.
Consequences
If law enforcement catches you violating Maryland's laws in this way, you are subject to fines and penalties. Depending on the specific circumstances, the fines can be as high as $500 for a first-time offense.
Whether or not it is your first offense, it is critical to have an attorney who can represent you and advocate for you because of how the state charges and possibly convicts you, which could have lifelong consequences in many areas of your life.
However, the offense goes on the individual's driving record, and it could lead to increased insurance rates or the suspension of their driver's license.
In summary, it is important to understand and follow Maryland's Open Container Laws to stay safe and keep others safe on the road.
Remember that it is not only you that you are protecting by following the law. It is everyone else in your vehicle, as well as other drivers, that you could hit if you are driving drunk.
]]>On Behalf of Preller Law Firm, LLChttps://www.prellerlawfirm.com/?p=470762023-12-12T14:31:34Z2023-12-12T14:31:34Zsigns of such neglect and abuse is crucial for ensuring the safety and proper care of elderly individuals in long-term care facilities.
Bruises and lacerations
Bruises, lacerations or other unexplained injuries can be a clear sign of physical abuse or neglect. These injuries might occur due to rough handling, falls or even physical assaults. It's important to note the location and frequency of these injuries, as they may provide clues about their cause.
Frequent falls
Frequent falls can indicate a lack of proper supervision or assistance. Elderly residents often require help with mobility, and a failure to provide adequate support can lead to falls, which are a significant cause of injury in nursing homes.
Unkempt appearance
A noticeable decline in personal hygiene or a consistently unkempt appearance can signify neglect. This might manifest as dirty clothing, poor dental care or a general lack of cleanliness, suggesting that the resident isn’t receiving appropriate help with personal grooming.
Inappropriate attire
Wearing unsuitable clothing for the weather or occasion can indicate that the resident isn’t receiving proper attention. This might include wearing heavy clothing on hot days or lacking adequate winter clothing in cold conditions.
Malnutrition or dehydration
Signs of malnutrition or dehydration, such as sudden weight loss, dry skin or confusion, can indicate that the resident isn’t receiving adequate nutrition or fluids. This can be due to neglect or intentional withholding of food and water.
Withdrawn or sullen behavior
Changes in behavior, such as becoming withdrawn, sullen or uncommunicative, can be indicators of emotional or psychological abuse. This could stem from verbal abuse, threats or other forms of intimidation.
Bedsores
Bedsores, or pressure ulcers, occur when a person is left in one position for too long without being moved. They are often a sign of neglect in individuals who are bedridden or have limited mobility.
Victims of nursing home neglect or abuse may choose to file legal action in order to demand justice. Victims or their loved ones may, therefore, significantly benefit from seeking legal guidance when mistreatment has occurred.]]>On Behalf of Preller Law Firm, LLChttps://www.prellerlawfirm.com/?p=470382023-09-10T14:27:23Z2023-09-10T14:27:23ZCenters for Disease Control and Prevention (CDC), the definition of distracted driving includes dozens of different activities, not just the manual use of a phone or other smart technology while driving. The CDC breaks distraction down into three different categories.
Manual distraction is any activity that takes someone's hand off of the wheel, such as reaching for a cup of coffee or trying to grab something out of a briefcase in the backseat. Visual distraction occurs when someone takes their eyes off of the road, possibly to make eye contact with a passenger or gawk at a crash nearby. Finally, cognitive or mental distraction involves thinking about something else, such as preparing for the work day ahead or daydreaming about the weekend.
Activities ranging from eating and grooming oneself to singing along with the radio are dangerous distractions that increase someone's reaction time and therefore the likelihood that they will cause a major collision. People need to avoid using their phones while driving to ensure their safety, but also need to avoid other activities, as there is no safe way to multi-task while driving.
Drivers who recognize how important maintaining their focus actually is will have an easier time identifying and avoiding potentially distracting activities while at the wheel. They may also have an easier time identifying scenarios in which someone else is to blame for a crash because they drove while distracted.]]>On Behalf of Preller Law Firm, LLChttps://www.prellerlawfirm.com/?p=470372023-06-08T13:55:16Z2023-06-08T13:55:16Ztop cause of worker fatalities and severe injury across all industries.
Who pays after a crash on the clock?
Most workers are protected by workers' compensation coverage if they are on the clock when they get hurt. A workers' compensation claim can help cover someone's medical costs fully so that they don't have any out-of-pocket expenses. They can also receive a portion of their lost wages. However, the state only replaces a certain percentage of someone's lost income, and even that percentage is subject to a strict maximum benefit limit. Even if a driver was technically the one at fault for a crash, workers' compensation coverage will typically protect them.
If they are not the one at fault, then they may have other options for covering their collision-related expenses. The liability coverage of the other driver can help pay for any expenses that workers' compensation doesn't cover, including the remainder of someone's wages. Workers' compensation typically won't cover property damage either, which will make an insurance claim worthwhile. Many people don't carry much insurance, and some people don't have any active coverage at all. Sometimes, workers hurt in a collision while working need to file a lawsuit against the driver at fault for the crash when their insurance coverage isn't enough given the extent of the damages caused.
Reviewing the situation that led to someone's injuries and estimating the full financial impact of a car crash will both be important steps to take when an injured employee has to worry about minimizing their financial losses related to a work injury.]]>On Behalf of Preller Law Firm, LLChttps://www.prellerlawfirm.com/?p=470362023-03-08T17:07:48Z2023-03-08T17:07:48ZWhen trusted professionals fall short
The tragedy of birth injuries is that many are entirely avoidable, with countless cases of medical malpractice or errors playing a significant role when professionals fail to do the following:
Failing to anticipate complications during the birth
Take care of maternal infections and other health conditions during pregnancy
Report any level of fetal distress at the time of delivery ranging from oxygen deprivation or abnormal heart rates
Proactive responses to material/fetal bleeding
Improper use of equipment, including forceps and vacuum extractors
Ordering a medically unnecessary cesarean (C) section
More severe and potentially disabling problems can occur as well and include:
Brachial Plexus injury that results in shoulder dystocia leading to weakness and immobility
Cerebral Palsy (CP) through poor management of the umbilical cord, placenta, or uterine rupture, reducing functions and resulting in a lifetime of disability
Hypoxic Ischemic Encephalopathy (HIE) results in brain dysfunction caused by a lack of blood flow or oxygen that can lead to various cognitive impairments
Spinal cord injuries, particularly in the neck, are far too common in newborns that lead to reduced sensation, spasms, and overall weakness
Bone fractures, with the collar bone being the most common, resulting in dystocia or breech births
Suspecting a birth injury could be the first step toward calling for an investigation. The complexities and challenges require help from a skilled, experienced attorney and successfully pursuing medical malpractice lawsuits following a tragic and heartbreaking event.
Holding negligent medical professionals accountable is essential to justice and sends a message to negligent healthcare providers.]]>On Behalf of Preller Law Firm, LLChttps://www.prellerlawfirm.com/?p=470342022-12-08T14:31:10Z2022-12-13T14:26:45ZWays that you may be able to attack witness credibility
If you want to create doubt in the prosecution’s case, you should be sure to address witness credibility. If you’re able to successfully draw the reliability of the prosecution’s witnesses into question, you can significantly diminish their case and increase the chances that you’ll be acquitted.
But how do you influence witness credibility? Here are a few options that may be available to you:
Criminal history: If the witness has a criminal history, you may be able to bring their credibility into question, especially if that history involves dishonesty. This is the case when an individual has been previously convicted of fraud, forgery or false reporting.
Prior inconsistent statements: Making a witness contradict themselves is one of the most powerful ways to attack witness credibility. This is often teed up through depositions, where you lock in a witness’s testimony. Once you have that depositional testimony, you can refer back to it at trial if the witness is inconsistent in any way. Even seemingly minor inconsistencies can prove to be immense in your case.
Bias: In many cases, the prosecution calls to testify one or more witnesses who are completely biased against the defendant. Sometimes, the witness and the defendant have a bad relationship that taints the witness’s perception of the defendant, and, under other circumstances, the witness is biased against the witness’s race, gender, religion or ethnicity. It’s crucial to point these biases out to the judge and jury so that the witness’s testimony can be taken with a grain of salt.
Motivation: Some witnesses are motivated to testify against the defendant for one or more reasons. Maybe a criminal conviction will help the other parent of the defendant’s child secure sole physical custody of the kid. Or maybe the individual who is testifying against the defendant was also under criminal investigation but was able to sidestep charges by agreeing to testify against the defendant. In these circumstances, you need to highlight the motivation and paint a picture of how it renders the witness’s testimony suspect.
Take control of your criminal defense
There are a lot of moving pieces to a criminal defense. And overlooking or inadequately addressing even one of them can leave you at risk. That’s why you should be diligent in taking control of your case and diligently creating the strong legal arguments that you need to aggressively push back against the prosecution.
That can be a daunting task, but it’s one that you have to be willing to accomplish if you want to protect your future. The good news is that you can find assistance in building your case by reaching out to a legal team that has proven itself strong in handling these types of cases.]]>On Behalf of Preller Law Firm, LLChttps://www.prellerlawfirm.com/?p=470322022-09-14T19:40:40Z2022-09-12T19:37:29Zpersonal injury lawsuit is in the cards. After all, this may be the only way for you to find accountability and be awarded the compensation that you need.
Although legal action may be able to eventually provide you with some relief, you’re not guaranteed to win your case. You may come up against an aggressive defense that threatens to block your recovery. With that in mind, then, you need to carefully think about what you can do to protect your interests and build your personal injury claim.
What can you do now to start crafting your legal claim?
There are a lot of things that you should and shouldn’t do if you’re thinking about taking legal action. Let’s look at some of them here:
Talk to witnesses: You’re going to need evidence to support your case, and a lot of that evidence is probably going to come from witnesses. So, make sure that you talk to these individuals to get a clear sense of what they saw and how that will factor into your case. Also, be sure to take down their contact information so that you can contact them later if you need them to be a part of your case.
Obtain your police report: The police report that was generated after your accident will have a lot of helpful information. It may contain contact information for witnesses, but it’ll also have the officer’s opinion as to the cause of the wreck. This can help you establish fault and liability.
Retain your medical records and bills: Even though you’ll have to spend a significant amount of time presenting evidence to show liability, you’re still going to have to prove the extent of your damages. When it comes to your medical expenses and need for future care, the best way to do that is to follow your doctor’s recommendations, retain your medical records, and keep track of all medical-related payments that you make.
Talk to experts: Depending on the complexities of your case, you may need one or more expert witnesses to help you present your case. This may be a medical professional, an employment expert, or an expert in accident reconstruction. These individuals may make all the difference in your case since their testimony is often given a significant amount of weight.
Be careful of what you say and how you act: Remember that the defense is going to be looking for ways to reduce its risk and avoid liability. One way that they’ll try to do this is to shift the blame back onto you. Your words may be taken out of context and your driving actions may be portrayed in such a way as to make it look like you’re to blame for the wreck. If the defense is successful in doing this, then your claim could be significantly reduced or eliminated.
Zealously advocate for the outcome that you deserve
There are a lot of moving parts to your car accident case. And you have to properly address each of them if you hope to maximize your chances of recovering the compensation that you deserve. That’s why you may find it beneficial to have an aggressive advocate on your side. If you think that you could benefit from that kind of advocacy, then please consider fully researching your representation options and reach out to those that interest you most.
]]>On Behalf of Preller Law Firm, LLChttps://www.prellerlawfirm.com/?p=470312022-06-09T21:05:50Z2022-06-09T21:05:50Zbirth injury occurs, however, before birth or during delivery, it may unnecessarily endanger the newborn’s health.
For every 1,000 babies born in the United States, five will experience harm during birth either from improper use of forceps or a vacuum, or due to an improper medical procedure during delivery. An estimated 3% of all babies have a birth defect or irregularity which may be the result of heredity, the mother’s alcohol or drug intake during pregnancy, or prescribed drugs during pregnancy.
When birth injuries are the result of medical malpractice, it is important for Baltimore-area parents to have the legal resources to determine the best course of action that protects their parental rights and the rights of the baby.
What are the most common birth injuries?
Although babies can suffer from minor injuries during birth, these usually heal on their own. But oxygen deprivation from delayed birth and other birth traumas can cause serious complications that may lead to disability. Some of the most common birth injuries include:
Cerebral palsy from brain damage before or during birth.
Erb’s palsy from nerve damage to the shoulders.
Kernicterus, which is brain damage from untreated severe jaundice.
Spinal cord injury, from improper use of forceps or vacuum extraction.
Babies who have developed a condition may show telltale signs of birth injury, such as:
Weak reflexes
Arched back while crying
Stiff muscles
High-pitched crying
Injured babies may experience seizures, and as they grow older, they may miss important developmental stages.
How do you determine the merits of a medical malpractice claim?
When filing a medical malpractice claim, this will involve proving medical negligence on the part of the healthcare provider, hospital, or medical personnel that can occur before, during, or after birth. The injured party must show that the medical professional:
owed a duty of care to the baby, and in some cases, the mother.
breached this duty by acting or failing to act as a reasonably competent individual would.
caused harm to the baby through this breach.
Diagnosing the cause of the birth injury will require expert medical examination and testimony. Being able to establish a clear link between the injury and the caregiver’s actions can also be challenging. It is also important to bear in mind that the statute of limitations for a medical negligence claim for children 11 and older is the lesser of five years from the date of injury or three years from discovery.]]>On Behalf of Preller Law Firm, LLChttps://www.prellerlawfirm.com/?p=470182022-03-08T12:41:50Z2022-03-08T12:41:50Znew rules that are being put in effect. There are also options to hold those who committed wrongdoing accountable.
U.S. plans to address nursing home care with new plan
The Department of Health and Human Services (HHS), under guidance from the Biden administration, will take steps to improve conditions in nursing homes. This largely stems from problems that came about amid the challenges over the past two years, but other concerns have long been in place. The Centers for Medicare and Medicaid Services (CMS) is set to enact basic standards of care. This will be done within a year after studies have been completed to assess problems that must be addressed.
Among the potential changes are less crowding and implanting various safeguards regarding treatment and medication. Currently, the government has the right to conduct inspections of nursing homes, but that would be enhanced as would financial consequences for facilities that are derelict in their duties. It could rise to as much as $1 million. Staffing is a primary area of focus. This has been noted as a worry for almost every nursing home that was surveyed by the American Health Care Association. Sufficient staffing goes beyond simply having workers present, but extends to qualified workers with a good work history.
If nursing home wrongdoing is suspected, knowing what can be done is key
People who believe their loved one was abused or subjected to nursing home neglect might not be sure what they should do. There are steps that must be taken and a process to follow to investigate the allegations, gather evidence and move forward. Since every case is different, it is vital to have help with tailoring a strategy based on the situation. If, for example, a loved one fell because they were left alone in the shower, this would require a different plan than if there were bruises and hospitalization because of physical abuse. There may be records of what happened, witnesses and other information that can be fundamental to the circumstances. Having trustworthy and experienced help can be imperative from the outset to determine what happened, who is responsible and what can be done through the legal system.
]]>On Behalf of Preller Law Firm, LLChttps://www.prellerlawfirm.com/?p=470162021-12-14T07:50:53Z2021-12-14T07:50:53ZThe consequences of distracted driving
There is a high incidence of injuries in distracted driving car accidents. Nearly four out of every five of the greater than 50,000 annual distracted driving car accidents resulted in injury. On average, approximately 27,000 victims are injured or killed because of distracted driving each year.
Because of the dangers of distracted driving, using handheld cell phones while driving is prohibited. In addition, texting while driving is prohibited as well. Distracted drivers can face fines and may also face civil liability to victims of distracted driving accidents. Drivers should take steps to avoid distracted driving. Drivers should pull over to the side of the road if they are drowsy, only use a cell phone when driving in emergency situations, avoid excessive conversations with passengers while driving and refrain from attempting to multi task while driving or eating while driving.
When a distracted driving has injured or otherwise harmed a car accident victim, a personal injury claim for damages could help the victim recover compensation for their physical, financial and emotional damages. Legal protections can be vital for a car accident victim injured by a distracted driver.
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