» Motor Vehicle Accidents

Update to Virginia Underinsured Motorist Insurance Laws

April 18th, 2022
In a car accident, where the other driver is at fault, generally the non at-fault party relies on the at-fault party’s insurance to pay their medical bills and repair costs. But the issue becomes what happens when the other party’s insurance is insufficient to cover all the expenses. This is where, an “underinsured mo… Read More
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Categories: Motor Vehicle Accidents, Underinsured Motorist Coverage, Virginia

Effective Demonstrative Evidence

January 20th, 2014
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 vehicle,… Read More
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Categories: Expert Witness Issues, Maryland, Motor Vehicle Accidents

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

August 8th, 2013
Contributors: D. Stephenson Schwinn, John H. Carstens
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 Read More
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Categories: Motor Vehicle Accidents

Maryland Court upholds waiver of UM coverage

May 21st, 2012
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 specifically… Read More
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Categories: Insurance, Maryland, Motor Vehicle Accidents

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

April 5th, 2012
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. The p… Read More
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Categories: Insurance, Motor Vehicle Accidents, Virginia, Workers Compensation

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

January 1st, 2012
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… Read More
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Categories: Defenses, District of Columbia, Motor Vehicle Accidents