Maryland motorists will be experiencing a slight detour when renewing their car insurance next year. The Maryland Legislature recently passed a bill raising the minimum levels of car insurance liability coverage required for Maryland motorists.
Maryland House Bill 825, introduced in early February, recently cleared both houses of the state assembly: 97-36 in the House of Delegates and 27-20 in the Senate. The new bill requires Maryland motorists to carry minimum liability coverage of $30,000 per person/$60,000 per accident compared to the current requirement of $20,000/$40,000.
This law will affect all motorists purchasing or renewing their car insurance policies after Jan. 1, 2011, and marks the first adjustment to these requirements since the law was enacted in 1972. Maryland is joining a majority (66 percent) of states that have minimum limits set higher than $20,000/$40,000.
Many proponents consider the passing of this bill to be long overdue and a meaningful step in protecting Maryland motorists.
The Maryland Association for Justice (MAJ), an advocacy organization and major force behind the success of the bill, believes that this new law will provide protection to Maryland residents injured in accidents. MAJ’s Legislative Chair Robert Zurbin, Esq. anticipates that the passage of this bill will produce additional funds that can be utilized for uncompensated care by the hospitals.
Supporters also expect that the bill will help curb the number of serious injury and wrongful death cases in Maryland when insurance coverage is inadequate. The hope is that the bill will provide adequate coverage for all motorists involved, cutting down on the number of lawsuits attempting to obtain additional funds to cover medical expenses.
The Maryland Hospital Association estimates that hospitals spend more than $12 million annually to provide uncompensated care for underinsured, injured motorists. The organization believes that the higher limits will reduce the amount of essentially free care hospitals are forced to provide.
However, not everyone is convinced of the new bill’s benefits.
Opponents believe it will adversely affect low-income drivers and those who are currently insured through the Maryland Automobile Insurance Fund or MAIF, the state-sanctioned insurance plan.
According to the Maryland Insurance Administration, the bill will greatly impact about 240,000 motorists who currently have only the minimum required liability coverage. The greatest concern is that an increase in insurance premiums could lead individuals to drop their coverage altogether. The organization believes this could ultimately lead to more uninsured motorists on Maryland roads or could prevent people from driving, which in turn might make it more difficult to secure employment.
Maryland’s Governor Martin O’Malley signed the bill into law this week.
Wednesday, July 28, 2010
Proposed Federal Rule Bans Texting While Drivin
The issue of distracted driving continues to receive attention from state legislatures, advocacy groups and cellular providers throughout the United States. Driving while talking on a cell phone is largely frowned upon and is now illegal in many states. Now the phenomenon of “texting while driving” has garnered its share of scrutiny.
The District of Columbia and 24 states ban text messaging while operating a motor vehicle. Many states make texting while driving a primary offense (allowing a law enforcement officer to stop and cite a driver solely for such an offense).
On March 31, 2010, U.S. Department of Transportation Secretary Ray LaHood announced a proposed rule banning texting by interstate truckers and commercial bus drivers. Citing research by the Federal Motor Carrier Safety Administration, Mr. LaHood explained that “drivers who send and receive text messages take their eyes off the road for an average of 4.6 seconds out of every 6 seconds while texting. At 55 miles per hour, this means that the driver is traveling the length of a football field, including the end zones, without looking at the road.”
Potential Effects of the Proposed Rule
The new rule represents a uniform ban that will cover drivers of 15 million commercial trucks (which includes 2.2 million tractor-trailers) and 800,000 charter and school buses that travel U.S. roads. FMCSA data indicates that motorists who text while driving are over 20 times more likely to be in an accident than those who do not.
As, such, the rule is also a safety measure aimed at protecting people in passenger cars. Because of their sheer size, trucks and buses are more likely to cause severe (if not fatal) injuries.
The proposed rule can further be viewed as a legislative response to a growing culture shift analogous to the response towards drinking and driving. However, interpretation and enforcement may present problems. Legal experts differ as to whether the ban applies to using other smart phone applications such as Facebook updates, playing games and sending emails while driving. Questions also abound as to whether drivers must produce their phones to law enforcement officers if they are stopped.
Similarities to Current State Laws
With a federal restriction on texting, the rule would apply to all commercial vehicles engaged in interstate commerce, regardless of whether a state law applies. The Department of Transportation also proposed that commercial drivers may be sanctioned or disqualified for violations of state laws that prohibit texting. The Department may exercise its rulemaking power to require states to disqualify drivers for such violations.
If you have questions about the proposed rule or Maryland’s texting while driving law, contact an attorney.
The District of Columbia and 24 states ban text messaging while operating a motor vehicle. Many states make texting while driving a primary offense (allowing a law enforcement officer to stop and cite a driver solely for such an offense).
On March 31, 2010, U.S. Department of Transportation Secretary Ray LaHood announced a proposed rule banning texting by interstate truckers and commercial bus drivers. Citing research by the Federal Motor Carrier Safety Administration, Mr. LaHood explained that “drivers who send and receive text messages take their eyes off the road for an average of 4.6 seconds out of every 6 seconds while texting. At 55 miles per hour, this means that the driver is traveling the length of a football field, including the end zones, without looking at the road.”
Potential Effects of the Proposed Rule
The new rule represents a uniform ban that will cover drivers of 15 million commercial trucks (which includes 2.2 million tractor-trailers) and 800,000 charter and school buses that travel U.S. roads. FMCSA data indicates that motorists who text while driving are over 20 times more likely to be in an accident than those who do not.
As, such, the rule is also a safety measure aimed at protecting people in passenger cars. Because of their sheer size, trucks and buses are more likely to cause severe (if not fatal) injuries.
The proposed rule can further be viewed as a legislative response to a growing culture shift analogous to the response towards drinking and driving. However, interpretation and enforcement may present problems. Legal experts differ as to whether the ban applies to using other smart phone applications such as Facebook updates, playing games and sending emails while driving. Questions also abound as to whether drivers must produce their phones to law enforcement officers if they are stopped.
Similarities to Current State Laws
With a federal restriction on texting, the rule would apply to all commercial vehicles engaged in interstate commerce, regardless of whether a state law applies. The Department of Transportation also proposed that commercial drivers may be sanctioned or disqualified for violations of state laws that prohibit texting. The Department may exercise its rulemaking power to require states to disqualify drivers for such violations.
If you have questions about the proposed rule or Maryland’s texting while driving law, contact an attorney.
Tuesday, January 26, 2010
Long Road Ahead in Effort to End Distracted Driving
Provided by Jaklitsch Law Group: Upper Marlboro Personal Injury Attorneys
At the recent Distracted Driving Summit hosted by Transportation Secretary Ray LaHood, it was clear to the national and state officials attending that distracted driving is a growing safety problem across the nation.
At the recent Distracted Driving Summit hosted by Transportation Secretary Ray LaHood, it was clear to the national and state officials attending that distracted driving is a growing safety problem across the nation.
Multiple recent studies show that texting while driving can cause traffic accidents and serious injuries. As of October 1, texting can also hit Maryland drivers in the wallet with a fine of up to $500 for violating the new state ban on texting while driving.
A recent national poll showed that two-thirds of drivers 18 to 24 years old said they have driven while either sending or reading a text message on their cellphones. Research shows that texting has a negative effect on driver reaction time similar to driving while intoxicated. In fact, the reaction time of a texting driver is about the same as a drunk driver who has a blood alcohol content twice the legal limit of 0.08.
Statistics show that nearly 20,000 people in Maryland are injured annually in crashes due to inattentive and distracted drivers; 38 percent of all Maryland traffic injuries involve a distracted or inattentive driver.
Traffic safety experts say the public has a basic understanding of the problem. A recent AAA study shows 58 percent of drivers say that using a cellphone while driving is dangerous, yet 67 percent of drivers admit to engaging in the dangerous practice within the past month.
Distracted Driving Summit attendees didn’t agree on a single solution to the problem of distracted driving. However, there was a general consensus that the federal government should consider a nationwide ban on texting or create financial incentives for states to adopt their own bans. Attendees also agreed that legislation will not by itself solve the problem.
Many drivers in states and cities where cellphone use is restricted routinely flout the laws. Experts say a national education effort similar to the ones carried out promoting seatbelt use and discouraging drinking and driving may be needed in addition to the legislation and enforcement of the laws.
White House Takes Steps to Curb Texting and Driving
Provided by Jaklitsch Law Group: Maryland Personal Injury Lawyers
Just before the end of September, President Obama signed an executive order banning federal employees from texting behind of the wheel of a government vehicle. The ban also extended to employees' own vehicles if they were using government-issued phones or were on official business.
This announcement coincided with a two-day gathering in Washington to discuss concerns over increasing cell phone use and texting on the road. While most participants agreed that it was an issue worth considering, there was no clear consensus on what a response would look like, or what specific stipulations would be included.
Consensus or no, chances are good that some form of national legislation on texting, extending beyond federal employees, will see the light of day. And it may be sooner than later.
Obama Administration Pushes for Ban on Texting for Bus and Truck Drivers
On October 1, 2009, the Obama administration revealed plans to push for a ban on text messaging by interstate bus drivers, truckers and rail operators. Department of Transportation Secretary Ray LaHood also said that the White House would encourage individual states to pass similar texting bans.
LaHood did stop short of endorsing Chuck Schumer's "ALERT Drivers Act," which proposes a national texting ban and includes penalties for states that do not participate.
Across the country, many states have already passed mobile restrictions, and this trend continues to gather steam. Among the states that do not have restrictions in place, many are considering texting laws or have bills currently up for vote.
States like California, Illinois, New York and Maryland all have laws in place, but vary on specifics. Some states, such as California have a full, mobile ban. Others, like Maryland, only ban texting, but still allow phone use in the car.
Research Reveals True Dangers of Texting While Driving
A national ban on texting by bus drivers and truckers would be a first step towards creating some national consistency, and this initiative has steam, thanks to a recent study on distracted drivers.
After observing truck drivers for a period of time, researchers at the Virginia Tech Transportation Institute concluded that texting drivers were 23 times more likely to be in an accident than undistracted drivers. In 2008 alone, nearly 6,000 people were killed and over 500,000 were injured in crashes involving driver distraction. In many cases, cell phones were involved.
As the government ponders its next steps and state legislators work out plans to make their roads safer, the safest bet for drivers is to simply put the phone away.
If you or a loved one has been injured in a car or truck accident with a distracted driver, call an experienced personal injury attorney immediately to discuss your options.
Subscribe to:
Posts (Atom)