» Motor Vehicle Accidents

Effective Demonstrative Evidence

We always look for ways to get the most value for our litigation expense investment. Not long ago, I secured a defense verdict in a case where the plaintiff turned left in front of a truck driven by my client. The issue was whether or not he had time to react and avoid the collision.  Using a radar gun and exemplar…

2012 Survey of Motor Vehicle Liability Claims in D.C., Virginia and Maryland

This is an outline that accompanied a presentation made by Steve Schwinn, John H. Carstens, and Padraic K. Keane of a survey of the law concerning motor vehicle liability claims in the District of Columbia, Virginia, and Maryland. READ MORE

Maryland Court upholds waiver of UM coverage

In Swartzbaugh v. Encompass Insurance Company of America, No. 100, September Term 2011 (Md. April 25, 2012), the Court held that in the context of a waiver of UM benefits under a Maryland motor vehicle insurance policy, the phrase “first named insured” refers to a person insured under the policy and specifica…

Virginia Insurance Coverage:  Supreme Court interprets auto policy’s workers compensation exclusion

In Christy v. Mercury Casualty Company, No. 102138 (March 2, 2012), the Supreme Court of Virginia held that an exclusion in an automobile insurance policy barred the insured from receiving any payment for medical expenses where a portion of medical expenses had already been paid by workers' compensation benefits.…

Negligence per se based on traffic regulations: A D.C. refresher

Two recent opinions from the U.S. District Court for the District of Columbia provide a refresher on D.C. law concerning negligence per se based on the violation of D.C. traffic regulations. In Mahnke v. Washington Metropolitan Area Transit Authority, No. 10-0021 (D.D.C. Oct. 20, 2011), the plaintiff was a pedestrian who ma…