Pre-Impact Fright: Why It Matters So Much
[B' Spokes: Part of the justification of low traffic fines is the injured victim can sue in civil court. I'm concerned about this approach for the following reasons:
1. Public education. Law suits and their outcome are rarely made public. So what we get is: kill a cyclists and get fined $400 and that's generally it. (<a href="http://www.thewashcycle.com/2012/11/driver-in-diane-whitman-fatality-gets-400-in-fines.html">http://www.thewashcycle.com/2012/11/driver-in-diane-whitman-fatality-gets-400-in-fines.html</a>; ) Will there be a law suit or will the family just say it will not bring back the dead?
2. Contributory Negligence. I've written about this before numerous times but basically another way to prevent cyclists from winning in court (but please consult a lawyer first as results can vary.):
<a href="http://www.baltimorespokes.org/search.php?mode=search&query=Contributory+negligence&submit=Search&type=all&st=0&keyType=phrase&author=all&results=50">http://www.baltimorespokes.org/search.php?mode=search&query=Contributory+negligence&submit=Search&type=all&st=0&keyType=phrase&author=all&results=50</a>;
3. And now I find out about this:]
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by Ronald V. Miller, Jr., Maryland Injury Lawyer Blog
The issue of pre-impact fright is a big deal in wrongful death car accident cases in Maryland.
Why? Well, in non-malpractice cases we have a cap on wrongful death claims and a cap on survival actions. In Maryland - I know some states have it reversed - the survival action is the victim's loss: his medical bills and pain and suffering damages. It is the only claim in the victim's own right for the wrong done to them. Under this law, if you shoot a guy in the back of the head without him seeing you coming, there is no survival action. Like the cap itself, this is a dumb law. (Fill in here your own rant about how misguided the cap is. I've done it here many times before, but the subject is inexhaustible.)
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<a href="http://www.marylandinjurylawyerblog.com/2012/11/preimpact_fright_why_it_matter.html">http://www.marylandinjurylawyerblog.com/2012/11/preimpact_fright_why_it_matter.html</a>;