Effective January 1, 2010, a new law went into effect that requires those receiving traffic citations which may be paid instead in lieu of trial must request a trial in order to receive a trial date. Under the old law, failure to act upon a payable citation automatically resulted in issuance of a trial date. That procedure no longer exists. Failure to pay a ticket will result in an automatic finding of guilt. Those receiving violations must do one of the following when receiving a citation: (1) request a trial in writing following the procedures set forth on the rear of the ticket; (2) admit guilt by paying the fine; or (3) request waiver of the trial for purposes of determining guilt but requesting a hearing on sentencing. Drivers wishing to pay a traffic fine may do so by mail to the District Court Traffic Processing Center, P. O. Box 6676, Annapolis, Md., 21401; online by credit card at http://www.paymentchek.com/MD/MarylandCourt/; by phone with a credit card at 1-800-492-2656; or in person at any District Court location.

Belsky, Weinberg & Horowitz, LLC is a full service personal injury law firm with offices throughout the state. Please visit our website or contact our office at (800) 895-5333.

Robert L. Weinberg, a partner with the firm, recently settled a wrongful death and survival action against the driver of a vehicle which has failed to remain in its lane during late night travel and crossed onto the shoulder of Interstate 95 in Mongtomery County, striking the driver of a parked vehicle who was standing by his car. The decedent died at the scene from blunt force trauma. He was survived by a daughter and one parent. The defendant driver fled the scene of the accident on foot and was later apprehended using DNA evidence from the accident scene. The driver was later convicted of involuntary manslaughter.

The case was complicated by the fact that the shoulder where the accident occurred was designated as a "no parking" zone by the Maryland State Highway Adminstration. Although the vehicle was parked in that zone, the purpose of the "non parking" designation was to prevent trucks from parking on the shoulder, as it was adjacent to a truck stop where trucks were known to use the shoulder as overflow parking. The case was further complicated by the number of claimants and attorneys involved in the case, and disputes over the value of the various claims held by the surviving heirs.

Good v. Hicks, No. 327841V (Cir. Ct. Mont. Co.) (9/01/2010).For further information about the case or our firm, please contact Robert L. Weinberg at (410) 234-0100 or visit the firm's website.

On Monday, April 12th, a jury in Baltimore County awarded $1 million to a 52-year-old woman who fell down a flight of stairs at the Belvedere hotel while attending her own bachelorette party.

Lillian Blank, who was standing on a dance floor on the 13th floor bar, fell down 19 steps, to a landing between the 12th and 13th floors of the hotel, sustaining a fractured pelvis and a fractured wrist.  She filed suit against the hotel, alleging the hotel failed to provide proper lighting at the stairs, and the dimly lit staircase had a dark rope at the top of stairs which Ms. Blank could not see.

After a 4 day trial, during which the plaintiff's alcohol consumption prior to the fall became an issue, the jury returned a verdict in her favor, awarding her $59,546 for medical expenses, $44,694 for lost wages and $895,660 for pain and suffering.  The verdict will be reduced to $791,935.70 because of the cap of non-economic damages.

Lois Farias, an 85-year-old former school crossing guard, was awarded $368,000.00 last month for injuries she sustained five years ago when a vehicle owned by the U.S. government struck her in a crosswalk while she was working as a crossing guard in Prince George's County.

Ms. Farias suffered deep tissue injury to her back, neck, knee and shoulder in the accident, for which the defendant took responsibility.  The only issue at trial was damages. The goverment contended that her pre-exisiting arthritis was to blame for her current complaints and early retirement.  Prior to trial, the government offered $125,000.00 to settle the claim.  Ultimately, U.S. Magistrate Judge Paul W. Grimm awarded Ms. Farias $22,000.00 in past medical expenses, $46,000.00 in lost wages and $300,000.00 in non-economic damages.  The Plaintiff was represented by Paul Bekman.

Our firm has received more than a few calls from prospective clients who suffered injury as a consequence of the recent and unprecedented snowfall that hit our region. We anticipated these calls and the lawyers at the firm continue to assess our ability to prevail in cases involving slips and falls on ice and snow, and motor vehicle accidents caused by the slick conditions or other naturally created or man made hazards.

Maryland law requires property owners and motor vehicle operators to act with "due diligence and care" in protecting others from harm. The question we have not had to confront in many years is what the standard of "diligence" encompasses when weather conditions are such that even a person's best efforts are not good enough to prevent harm.

We all can agree that the amount of precipitation in the area was such that even our state and local governments were overwhelmed with the burden of remediating the conditions. In Baltimore City, for example, it took more than a week for the City to open all secondary roads. For nearly two weeks, parking lanes and sidewalks were barely passable.

Reasonable care is dependant on the circumstances presented to those whose conduct is being judged. We believe in many instances that although injury may have occurred, due care would not have changed the conditions existing at the time. We encourage those injured as a result of the weather conditions and potential negligence to contact our office. We will consider all cases on the facts and will honestly and candidly offer our advice to help guide and counsel those suffering personal injury due to the recent storms.

After the massive snow storms of recent days, many have experienced the flying snow and ice scenario, where a car or truck is driving at high speeds with piles of snow and ice on their vehicles. Although some may believe that bad weather provides them with some sort of "natural" immunity for failing to take the time required to remove the snow from their vehicles and that nature will simply takes its course, the opposite is actually true. Should an operator fail to remove snow and ice that ultimately flies from their vehicle into another, and particularly if that flying debris causes property damage or an accident, the driver of the vehicle can and should be held liable for negligence in failing to take action to remove all snow and ice that could project into another vehicle.

Some states, like Pennsylvania, have state laws that require complete snow removal from vehicles before they are operated. In Maryland, no such state law is on the books. The common law of negligence, however, dictates that a driver who fails to take appropriate action to remove obvious snow and ice from their vehicles will be held accountable for damage and injuries should the debris dislodge. This concept is akin to operating a vehicle with a known mechanical defect that results in an accident. Drivers should take the time and make the effort to remove all snow and ice from their vehicles. Otherwise, they can and should expect a claim against their insurance policy. Severe accidents and injuries from flying snow and ice debris are reported daily. Drivers are on notice by virtue of their own driving experience and common sense that the operation of a vehicle under such conditions is a danger to other motorists on the highways.

The lawyers at Belsky, Weinberg & Horowitz have successfully represented victims of accidents caused by flying snow and ice debris. In the event of such an incident, be sure to control your vehicle first, and then take note of as much information as possible about the at-fault vehicle. Should you be unable to get sufficient identifying information about that vehicle, report the incident immediately to the police and your insurance company, who will likely establish an uninsured motorist claim on your behalf. Such a claim will protect your rights and afford you compensation for property damage and personal injury, and will have no adverse impact on your insurance rates, renewal, or your general insurability. Please consult with a lawyer right away, particularly if you have suffered personal injury. We are available, free of charge, to discuss your case.

Robert E. Cahill, Sr., retired Baltimore County Circuit Court judge, died on December 14th from a long standing illness.  He was 77.  Judge Cahill will be remembered as a no-nonsense trial judge with a great legal mind and lots of instinct and wit.  His obituary appears in the Baltimore Sun.

The lawyers at Belsky, Weinberg & Horowitz had the honor of trying a variety of cases before Judge Cahill.  We learned a great deal from his handling of trials, motions and courtroom procedures.  We knew he always expected a great deal of us as advocates for our clients and we hope we lived up to his expectations.  We learned a great deal from the judge and express our condolences to his family.

The head of the Maryland Attorney Grievance Commssion, Melvin Hirschman, will retire on June 30, 2010 after serving since 1981.  The Daily Record reported this breaking story earlier today.  Mr. Hirschman has led the commission, which investigates all complaints for attorney misconduct, since 1981.  The AGC was created only six years earlier, in 1975.  Attorneys who are publically sanctioned can be viewed at the Maryland Judiciary Web Site.

Belsky, Weinberg and Horowitz partner Alan J. Belsky serves as a Panel Member for the Attorney Grievance Commision and has sat on a number of peer review panels hearing various complaints of attorney misconduct.  Peer review is confidential unless public charges are brought.  Thereafter, the matter is referred to a Circuit Court judge for findings of fact and conclusions of law.  An appeal can then be taken directly to the Court of Appeals of Maryland.  Unfortunately, a fair number of reported opinions are issued every year by the Court of Appeals on issues involving attorney grievances.  Any reported opinion containing the AGC in the case name involves an attorney facing disciplinary action.

Auto accident claims nearly always involve property damage repair or reimbursment.  What many don't know is that, depending on the severity of the damage done, the accident may result in a diminished value of the vehicle at resale.  The laws of diminished value are everychanging, but the attorneys at Belsky, Weinberg and Horowitz have fought for our clients' entitlement to reimbursement for diminished value of their repaired motor vehicle. This is a legitimate but not oft fought for aspect of property damage.  If you believe your vehicle's value is diminished by virtue of a collision, our first advice is not to accept any payment for property repairs until the diminished value claim is preserved.

If you've been in an accident where your property damage and bodily injury claims are not yet settled, call us before it's too late.  We are here to help you with your case.  Call us anytime to speak with one of our attorneys.