By Cory Bilton. Cars that can drive themselves are the wave of the future. Google has been developing a driverless car for years now. In the Washington DC area, local politicians and newspaper reporters are being entertained by autonomous car researchers from Carnegie Mellon University. The idea of removing the human from actively controlling and maneuvering the car is appealing. …
Lawmakers Scramble to Classify E-bikes as Bicycles
By Cory Bilton. It could have been a television commercial. On my way home from work one night this week, I was riding on the Custis Trail heading west up the hill from Rosslyn. For those unfamiliar with this particular hill, it’s a long slog; Google Maps reports that it is about 1 mile of distance and 161 feet of …
Second Circuit Splits with Fourth Circuit on ERISA Preemption in Wurtz
By Cory Bilton. The preemptive effect of an ERISA benefit plan’s contract language continues to be a hot judicial topic. Although ERISA covers the broad rights and duties of employer sponsored benefit plans and employee beneficiaries, personal injury attorneys are largely concerned only with the narrow issue of the plan’s subrogation and reimbursement rights against injured plaintiffs. Many states limit …
In Collisions, Bicyclists Lose
By Cory Bilton When people use different modes of transportation on the same path, like when bicyclists and motorists are using the same street, there is going to be some friction between them. The local debate between motorists and bicyclists (and the less vocal pedestrians, too) has heated up in recent weeks. The flames started when a local reporter poured …
Starting July 1st, Virginia Drivers Must Give Bicyclists Three Feet
By Cory Bilton. When a vehicle driver wants to pass another vehicle, it goes without saying that the passing vehicle has to move his car into another lane to pass. It’s a simple fact: lanes aren’t wide enough to accommodate two cars side by side in one lane. However, it is less clear when a motorist intends to pass a …
RGR, LLC v. Settle: If the Facts Don’t Fit the Law, Change the Law
By Cory Bilton Having a case decided by a jury is one of the best features offered by the legal system in the US. The domain of the judge is to determine the law. The domain of the jury is to hear the facts of the case and assess the credibility of the witnesses. If the jurors believe you and …
Liability for Permissive Drivers in Washington, DC, Maryland, and Virginia
By Cory Bilton Most of the time, a person drives her own car. But occasionally, a vehicle owner lends her car to a friend or relative. When this happens, the friend or relative is a permissive driver. If that friend or relative injures someone else while driving the car, the driver is liable for the person’s injuries. But what about …
Damages from Being Injured in an Accident
By Cory Bilton Recently, I read a unique article in the New York Times about what it is like to be a pedestrian run over by a vehicle. The author was run over by a delivery truck while in a crosswalk in 2007. She recounted her injuries, anecdotes from her recovery, and the challenges she continues to face 7 years …
For UIM Claims, Maryland Insurance Code § 19-511 is Critical
By Cory Bilton In the last two months, appellate courts in Maryland issued three opinions arising out of Maryland Insurance Code § 19-511. This statute, enacted nearly 20 years ago, lays out a procedure for allowing an injured person to receive the proceeds from a settlement with an automobile liability insurer while still reserving the right to make a uninsured motorist …
Street or Sidewalk: Where Can I Ride My Bike in the Washington, DC Area?
By Cory Bilton Spring is slowly arriving to the Washington, DC area. If you haven’t already, it’s time to dust off your bicycle, pump up the tires, and start riding again. An issue that continually comes up is whether bicyclists can ride in the street, or on a sidewalk, or both. The simple answer is yes to all three (though …