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What Are Your Legal Options if You’re Injured by a Drunk Driver?
Every driver has a responsibility to operate his or her motor vehicle in a reasonably safe manner. Although the dangers of drunk driving are widely known, many individuals still make the reckless decision to get behind the wheel while intoxicated. If you were the victim of a drunk driver and you sustained injuries or property damage, you have the legal right to consult a personal injury lawyer located in Baltimore. A personal injury attorney will conduct a case review, examine the available evidence, and explain your legal options. It’s important to note that any civil liability assessed against the drunk driver is entirely separate from criminal charges that will likely be filed against him or her.
Filing an Insurance Claim
Your personal injury attorney may recommend filing an insurance claim to recoup the costs associated with your medical expenses and other losses. You could file an insurance claim against your own auto insurance carrier or the drunk driver’s carrier. Typically, obtaining a just settlement from an insurance company requires some negotiation on the part of your attorney at law.
Filing a Personal Injury Lawsuit
Insurance claims often result in favorable settlements for victims of drunk drivers. However, if an acceptable settlement is not forthcoming or your losses exceed the allowable limits by the auto insurance policy, your personal injury lawyer may recommend filing a lawsuit. However, because Maryland follows no-fault rules for auto accidents, it is not strictly necessary to exhaust an auto insurance policy’s limits in order to be eligible to file a lawsuit. Even if you do have your lawyer file a lawsuit, this does not automatically mean that you will have to go to court. Many personal injury lawsuits are resolved through out-of-court settlements.
Filing a Wrongful Death Lawsuit
If a drunk driver was responsible for causing the accident that claimed the life of your loved one, you may wish to consult a personal injury lawyer about filing a wrongful death lawsuit. Wrongful death litigation may offer you a sense of closure and justice for your loved one.
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Understanding Auto Accident Claims
If you were involved in an auto accident and you live in Baltimore, you can hire a car accident attorney to protect your best interests. The accident attorney can file a claim against the other driver’s insurance carrier. In the claim, the accident attorney may propose an amount for the settlement. The settlement is intended to cover the costs stemming from the accident , such as your car repair expenses or car replacement costs. The settlement should also cover any related medical expenses you’ve accrued as a result of the accident.
In many cases, the other driver’s insurance carrier will submit a counteroffer to the personal injury law firm. Since insurance companies are interested in making a profit, they typically respond with a low counteroffer. Your accident attorney can continue to negotiate with the insurance carrier until he or she reaches a settlement deal that is acceptable to you. Before you accept a settlement, be sure to keep careful track of all of your ongoing expenses related to the crash so that you can obtain just compensation.
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A Look at Implied Consent Laws
If you contact a DUI law firm near Baltimore, the DUI attorney will generally advise you to consent to an alcohol or drug test after being pulled over on suspicion of DUI . This is because Maryland, like many other states, has implied consent laws. As your DUI attorney can explain to you, violating these laws can result in significant penalties. These penalties can be imposed in addition to any criminal penalties that may result from a DUI conviction.
You can hear more about implied consent laws by watching this video or consulting a DUI lawyer at a DUI law firm. This video explains that by obtaining the privilege of a driver’s license, you automatically consent to being tested for alcohol or drugs if a police officer has reason to believe you have been driving while impaired.
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Don’t Ignore These Concussion Symptoms After a Car Accident
After a car accident, you may decide to speak with an attorney at law at a personal injury law firm located in Baltimore. The car accident attorney will need to know about all of the injuries you sustained in the crash . Head trauma is particularly common among car accident victims. A concussion can be indicated by blurry vision, dizziness, vomiting, and headaches. Additionally, concussions may cause loss of consciousness, memory loss, and impaired concentration.
You can hear more about these and other symptoms when you watch this video. This video urges viewers to seek medical attention promptly upon noticing any of the signs of a concussion. It also warns patients against taking over-the-counter pain relievers if a concussion may have occurred, since these may increase the risk of bleeding. While you recover from a concussion, your accident attorney may advise you to keep track of your lost wages. In addition to helping you recover compensation for your medical bills, the accident lawyer can help you seek compensation for lost work days.
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Comparing Wet Reckless, DWI, and DUI Charges
Drunk driving has claimed thousands of lives and resulted in countless injuries. If you choose to drink alcohol, it’s your responsibility to keep yourself and others safe from harm by choosing not to get behind the wheel. However, mistakes do happen and if you’re pulled over on suspicion of drunk driving, you do still have legal rights. One of those rights is the ability to arrange for legal representation from a DUI attorney . A DUI attorney in Baltimore can help you understand the charges against you and explain your legal options.
DWI Charges
Like many states, Maryland has different classifications of drunk driving. Driving while impaired (DWI) is the least severe compared to driving while under the influence (DUI). A Maryland driver can be charged with DWI for having a blood alcohol concentration (BAC) of 0.04 up to 0.08 percent. Sometimes, drivers who are charged with DWI have been involved in incidents that resulted in property damage or bodily injury. Although DWI charges are less serious than DUI charges, defendants still need the help of an attorney at law. A conviction of DUI can result in jail time up to 60 days, fines of up to $500, eight points on the driver’s license, and suspension of the license.
DUI Charges
A person who is alleged to have a BAC of 0.08 percent or higher may be charged with DUI. As your DUI lawyer can inform you, the first conviction of DUI can lead to up to one year behind bars, fines of up to $1,000, and a six-month license suspension. For a second conviction of drunk driving, Maryland residents may face up to two years behind bars, $2,000 in fines, and a one-year license suspension. A third conviction can result in three years in prison, $3,000 in fines, and a minimum license suspension of 18 months.
Wet Reckless Plea Bargain
Maryland law does not have a statutory provision for a “wet reckless” charge. However, it is possible that your DUI attorney can negotiate with the prosecutor to have your DWI charges reduced to this. In exchange for pleading guilty, a wet reckless plea bargain may allow you to receive reduced penalties.
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Defining Drugged Driving
The dangers of drunk driving are well known, but accidents are also caused by drivers impaired by drugs. The operation of a vehicle in a negligent or reckless manner while under the influence of drugs is a crime in Maryland. If you’ve been charged with a drugged driving DUI, it’s essential to contact a DUI attorney in Baltimore promptly. Visiting a DUI law firm to hire a DUI attorney offers your best chance of obtaining a favorable outcome for your case.
To learn more about drugged driving, consult your DUI attorney and watch this brief video. It explains that about 10 to 20 percent of drivers who cause auto accidents are impaired by drugs at the time of the crash. It also discusses the most common drugs that impair drivers. Although the safety of everyone on the roadways is paramount, individuals charged with drugged driving do have the right to arrange legal representation from a DUI lawyer.
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Why You Need a Lawyer to Fight Your DUI Charges
If you have been charged with a DUI , it is imperative to consult with a DUI attorney in Baltimore to learn about the upcoming process. Drunk driving is a serious charge, and only a DUI attorney can make sure your rights are protected throughout the process. If you don’t hire a lawyer, you can face jail time, license revocation, skyrocketing insurance rates, hundreds of dollars in fines, and a permanent criminal record. Keep reading to find out why a DUI attorney is vital after an arrest for drunk driving.
Explain Consequences
Many people falsely believe that DUI is a minor charge, but nothing could be further from the truth. A conviction for any crime can permanently alter your life and even make it nearly impossible to find a job. A DUI law firm can assess your case and help you understand the potential fines or jail time that could accompany a trial. A DUI lawyer will also often offer a free consultation, so you can weigh the costs and benefits of taking legal counsel.
Manage Process
Dealing with a prosecutor can be incredibly intimidating. DUI arrestees also have to take on the frustrating and time-consuming task of fielding calls from a state’s motor vehicle department. Your DUI and DWI attorney will complete required forms, make phone calls, and represent you at hearings so you can get your personal life and career back on track.
Reduce Penalties
Hiring a DUI lawyer is essential to ensuring you get the most minor penalty possible. If you have several DUIs or hurt someone in a DUI accident, you need a lawyer to take on these complex charges. After more than one DUI, you can face extremely harsh penalties, including serious jail time. A DUI attorney is familiar with state drunk driving and personal injury law and can ensure your liability is limited. A DUI attorney is also familiar with criminal law and can negotiate with a prosecutor on your behalf.
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Tips for Talking to Your Teen About Safe Driving
Car accident lawyers in Baltimore regularly counsel clients who have suffered serious personal injuries in completely avoidable car accidents. As these accident attorneys urge clients and loved ones alike, it is never too soon to start safe driving practices. Of course, car accidents can also incur thousands in property damage and cause insurance costs to skyrocket. Whether your teen is just starting driving lessons or has recently earned a license, review these pointers to help your son or daughter avoid a serious car accident that will lead to the need to work with a car accident law firm.
Show Statistics
Most teenagers don’t realize how expensive and dangerous car accidents are until they happen. First, make sure your teens understand what kind of car insurance you carry and know the financial repercussions of a car accident. Next, make sure your son or daughter realizes that teenage car accidents are the number one cause of teen deaths. In fact, a 16 to 19 year old is more likely to get in a serious car accident than a driver of any other age, including the elderly. By showing your kids the statistics, they will understand the importance of safe driving practices.
Explain Penalties
Whether your teen drives recklessly, has recently damaged their own or another vehicle, or always obeys the speed limit, it is important to both explain and enforce penalties. Any new driver should know that dangerous driving carries consequences. For example, many parents reduce or entirely take away driving privileges from teens who speed or drive with too many friends in the car. You may also want to consider mandating that your son or daughter pay for their own speeding tickets, vehicle repairs, and any insurance increases. Be sure to pick moderate punishments and enforce them gradually so your teen does not simply rebel against your rules.
Discuss Often
Chatting with your son or daughter about the consequences of unsafe driving is a recurring conversation. If you only talk to your teen after your insurance costs increase, he or she may not understand that car accidents also carry serious personal injury consequences. Speak to your teenager regularly, talk to accident attorneys, and try to get on the road with them as often as possible. You may help save a life.
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What Are Your Rights at a Drunk Driving Checkpoint?
Drivers who visit DUI attorneys in Baltimore sometimes report being charged with a DUI or DWI after being stopped at a drunk driving checkpoint. These checkpoints are set up on certain roads around the city to stop drivers and screen them for driving under the influence of alcohol and drugs.
Drunk driving checkpoints are designed to prevent car accidents and injuries caused by intoxicated drivers. Police officers look for common signs of DUI, like glassy eyes and slurred speech. If a police officer suspects you have been drinking, he will ask you to get out of your car and perform a field sobriety test. If you fail the test, you may be taken to a local jail to take a chemical test and determine your blood alcohol level. As DUI attorneys advise their clients, police agencies often give advance notice of drunk driving checkpoints throughout the city, making it possible to avoid a stop altogether. Talk to a DUI attorney from a DUI law firm to learn more!
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Breaking Down the Differences Between DUI and DWI Charges
DUI and DWI lawyers near Baltimore are often asked how the two charges differ. While both charges are serious offenses that require help from a law firm, there are some important differences. If you have been charged with drunk driving, speak directly to an attorney at law. Here is a simple guide to some of the differences between DWI and DUI.
Intoxication Level
A DWI, or driving while intoxicated, charge means that the defendant’s blood alcohol level was determined to be at 0.07% or higher. DWI is usually charged when someone is less intoxicated but fails a field sobriety test. Because the officer’s opinion plays a major role, DUI attorneys can challenge police judgment. A DUI is issued for individuals with a BAC of over 0.08% and is generally issued after a breathalyzer or blood test is performed.
Potential Fines
For the first DUI offense, individuals must generally pay a $1,000 fine. A second DUI offense carries a stiff $2,000 penalty. Conversely, DWI fines are significantly lower. First-time DWI offenders pay $500—and pay $500 again should they offend a second time. After a third DWI charge, penalties increase.
License Consequences
If you don’t hire a DUI attorney and lose your DUI or DWI case, you can also plan on losing your license. A first-time DUI mandates license revocation of six months, and your license can be revoked for up to one year after a second offense. For your first DWI conviction, you can count on a suspended license for up to 60 days. Second-time offenders cannot drive for up to 120 days.
Prison Time
Even first-time DWI offenders can face prison time of up to two months. A second DWI conviction can put you behind bars for an entire year. For DUIs, the penalties are even stiffer. Even a single DUI carries a prison sentence of up to a year. Second-time offenders face mandatory minimum sentences of five days—with a maximum of two years.
Additional Penalties
If your license is revoked due to either a DUI or DWI conviction, you may also be required to attend an Alcohol Education Program before you can even apply for a new license. These programs also analyze each person to determine whether alcohol abuse may exist. If the division finds alcohol abuse, they can force you to undergo a treatment program.
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