Friday, November 11, 2011
WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? The brakes failed.
Personal injury lawyers in Baltimore have won cases by demonstrating that the brakes on the defendant's car "failed". It's interesting, as some people think that "brake failure" is an excuse that would relieve them of responsibility for causing an accident. To the contrary, sudden brake failure actually creates the presumption of negligence on the part of the owner. It is then up to that owner to present proof that he or she had her car properly maintained, and that there was no reason to expect failure. Miller v. Reilly, 319 A.2d 553. Seasoned personal injury lawyers in Baltimore know that a non-owner operator can satisfy his or her obligation of due car by making sure the brakes work prior to driving the vehicle.