Archives for July 2013

Cell Phone Searches by Police for Distracted Driving Car Accidents

In an effort to combat the rising numbers of car accidents and injuries caused by distracted driving, the New Jersey legislature is considering a bill that would allow police to confiscate driver’s cell phones at the scene of accident if they have “reasonable grounds” to believe the driver was texting or talking when the crash happened. By all accounts this move is one of the first of its kind by law enforcement and other states are expected to review similar laws.

Maryland and Washington DC have already banned the use of handheld devices while driving, but New Jersey is taking it a step further in considering allowing police to search the driver’s cell phone for evidence. Police officers would be required to give the phone back to the driver after searching its texting and call history.

Opponents of the bill say the proposed law will face constitutional challenges for authorizing unlawful searches. “Probable cause” is generally required before police are allowed to conduct searches, especially for such a personal device as a cell phone, which is not only confiscation of the device itself, but the personal and private information or data usually stored on it about or concerning the owner.

Whether New Jersey is successful in passing this law and cutting down on distracted driving, it is clear from the 3,000 distracted driving deaths and 387,000 injuries reported in 2011 that something must be done to keep our families safe on the American roadways.

If you have been a victim of an accident involving distracted driving, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Maryland car accident attorney. Our office is conveniently located in Rockville, Maryland.

How long do I have to file a personal injury claim?

If you have suffered a personal injury at the hands of someone else, you shouldn’t delay in contacting a Maryland personal accident lawyer for a consultation about your possible claims. Statutes of limitations enacted by each state govern how long you are able to file a claim before your action is barred.

  • Maryland – most personal damage cases in Maryland have a 3 year limit from the time of injury to file your case.
  • Washington DC – also generally gives the injured person 3 years to file a claim.
  • Virginia – only 2 years are allowed to lapse before an injured person’s claim is barred.

If you do not file within the allotted time, you will not be allowed to pursue your personal injury claim, and you cannot recover damages from the defendant. And to file for damage protection benefits under your own policy the timeframe is usually shorter; for example a year in Maryland.

Remember that not all cases are alike, and there can be exceptions to the rules. When you’ve been injured in an accident, it’s best to consult an accident lawyer as soon as possible to see if you have a claim to recover compensation for your injuries.

If you or a loved one has been injured by someone else, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Maryland personal injury lawyer.