How Is Negligence Determined?
Each of us, whether in the operation of a car, in our work activities, or in just simply going about the tasks of everyday life, owes each of our fellow citizens an obligation to conduct ourselves in a way that will not harm them, or created an unreasonable risk of harm for them. As Attorney Eric... Read more »
I Was Hit While On A Bicycle -Do I Have A Personal Injury Case?
Of course the rules of the road, including the duty to use due care, apply to the operators of bicycles. Attorney Eric T. Kirk will tell you. It has come as a surprise to some of my clients that a bicyclist has all the rights of a motorist. There are some exceptions: bicyclists cannot operate on... Read more »
What are Damages?
Our civil justice is premised on the idea that although money is a poor substitute for one’s physical health and peace of mind, Attorney Eric T. Kirk will tell you. it is how our law measures the magnitude of your loss. Damages are monetary compensation for personal injury. No one would every willingly exchange their... Read more »
Who Pays To Fix My Car After Baltimore Accident? I Don’t Want My Rates to Go Up.
Who Pays To Fix My Car After A Baltimore Car Accident? I Don’t Want My Rates to Go Up. Of course, if someone damages you, and your car, through no fault of your own, you are entitled to recover damages for personal injury, Attorney Eric T. Kirk can explain to you, and for damages to your... Read more »
The Ambulance, Police Car, Fire Truck Caused The Accident. Can I Sue Them?
The drivers of emergency vehicles have a duty to operate those vehicles safely, even when responding to emergency calls, in the pursuit of suspects, or responding to a fire alarm. Although these emergency responders are immune for liable for acts of ordinary negligence, the owners of the vehicles- typically their employers- may be responsible for... Read more »
Speeding, Negligence, Fault and a Baltimore Automobile Accident
Evidence that a person was traveling faster than the posted speed limit – while perhaps difficult to prove- can be considered evidence that the speeder was negligent in the operation of the vehicle, and therefore the cause of the accident. Attorney Eric T. Kirk will tell you. Even if the person is within the posted limit,... Read more »
What is a Wrongful Death Claim?
In other guides, what some might call “garden variety” negligence is discussed. Car accidents, slips, falls and the like- where the injuries might be mild to serious, but not life threatening. What if someone’s conduct leads to the death of another? Baltimore personal injury law provides that where a “wrongful act” [an act, including criminal... Read more »
I Fell On The Sidewalk? Who Can I Sue?
Attorney Eric T. Kirk will tell you, Baltimore personal injury law provides that a local government is responsible for injuries to pedestrians caused by an unsafe condition resulting from negligent design or construction on public streets and sidewalks. Local government also has a duty to warn about dangerous conditions on public streets and sidewalks that... Read more »
I Got Hurt At Work. Do I Have A Personal Injury Case, Too?
An employee who sustains an accidental [e.g. back injury] arising out of his or her employment is entitled to workers’ compensation benefits. These are typically wage loss payments and medical expenses. The nature of workers’ compensation cases is explored and discussed elsewhere on this site. The thorough Baltimore personal injury lawyer will always explore a possible “third-party” component... Read more »
Is the Person Who Broke the Law at Fault for an Accident?
One may think that if someone was involved in criminal activity, or, at least in conduct that violated a statue or ordinance, and that conduct played a part in injuring another person, the violator would be responsible for the injury. Showing a violation of a statue is only half of the battle. Certainly, proof of... Read more »
Accidents on Railroad Property.
It goes without saying that everyone has the obligation to look and listen for a train before crossing a track. Experienced Baltimore personal injury lawyers Attorney Eric T. Kirk know that both the operator of the train, as well anyone crossing the rails, have the duty to use reasonable care to avoid an accident. But... Read more »
I Was Hit From the Rear. Is The Other Driver at Fault?
Most seasoned Baltimore personal injury lawyer Attorney Eric T. Kirk will tell you the answer, generally, is yes. All drivers must use reasonable care for to avoid car accidents the safety of others. If one of those drivers follows too closely, or fails to pay attention, and strikes the driver in front, then, yes, they... Read more »