Law Offices of Thomas C. MooneyRespected, Aggressive, Effective Criminal Defense2026-07-01T18:55:53Zhttps://www.mooneyesq.com/feed/atom/WordPress/wp-content/uploads/sites/1301184/2020/09/cropped-3448975_Site-Icon-Favicon-512x512px-new-32x32.pngOn Behalf of Law Offices of Thomas C. Mooney<![CDATA[Pulled over on a hunch? Know your rights in Maryland]]>https://www.mooneyesq.com/?p=2375312026-07-01T18:55:53Z2026-07-01T18:55:53ZThe difference between a hunch and a violation
Courts require officers to point to specific facts that suggest a crime or traffic infraction occurred to initiate a stop, or reasonable suspicion. It is vital to recognize the difference between a valid observation and an illegal hunch.
Legal reasons: Moving violations like speeding, equipment issues like a dark taillight or expired registration tags.
Potentially illegal reasons: Driving in a specific neighborhood, looking "out of place" or stopping a driver based on their race.
Even minor infractions can justify a stop, but an officer typically cannot use a person's appearance or location alone as a substitute for a real traffic offense (though there are extenuating circumstances). If the initial reason for the stop does not meet these standards, the entire interaction violate a driver's rights.
Save the legal battle for the courtroom
The shoulder of a busy or dark road is a dangerous place to debate constitutional law. While it is frustrating to be stopped without cause, arguing with an officer could lead to unnecessary escalation or additional charges.
Generally, the most effective strategy is to remain polite, provide required documents and exercise your right to stay silent. Observe the officer’s demeanor and listen closely to the reason they give for the stop. This information becomes the evidence an attorney uses to challenge the state's case later.
Turning a bad stop into a dismissal
If a judge determines the initial stop was unconstitutional, a judge may suppress evidence gathered as a result of the stop, which can significantly weaken the case.
This is why it can be vital to meet with an attorney after a stop leading to criminal charges. They may be able to pinpoint exactly where the officer’s actions or narrative failed to meet legal standards. Providing a detailed account of the interaction immediately after your release is a powerful way to build a defense.]]>On Behalf of Law Offices of Thomas C. Mooney<![CDATA[When a homeowner causes a motorcycle crash by mowing improperly]]>https://www.mooneyesq.com/?p=2375152026-06-23T23:00:35Z2026-06-29T22:59:11ZGrass clippings can affect traction
Motorcycle riders often avoid poorly-maintained roads and riding after storms. These choices reduce their chances of losing control of the motorcycle and experiencing a one-vehicle crash.
Grass clippings blown out into the street while mowing are very dangerous for motorcycle riders. While local authorities in Baltimore advise residents to avoid blowing or raking leaves and grass clippings into the road, property owners don’t always follow the rules.
When property owners fail to bag their clippings or intentionally blow them out into the street, a motorcycle rider could end up seriously injured due to their negligent property maintenance. In such cases, the property owner could potentially be liable for causing dangerous road conditions that led to a crash.
Documenting details about a situation that contributed to a one-vehicle motorcycle collision, possibly by taking photographs of grass in the street, can help people validate who was at fault for a motorcycle crash. Property owners who engage in unsafe behaviors may face liability claims or lawsuits accordingly.]]>On Behalf of Law Offices of Thomas C. Mooney<![CDATA[Can a pedestrian recover damages if they were jaywalking?]]>https://www.mooneyesq.com/?p=2375272026-06-29T09:46:49Z2026-06-29T09:46:49ZUnderstanding Maryland's contributory negligence rule
Maryland is one of only four states, along with Virginia, Alabama and North Carolina, that still follow the rule of pure contributory negligence. Under this rule, if you contributed to your own injuries in any way, even by 1%, the court may prevent you from recovering damages, regardless of how reckless the driver was or how serious your injuries are.
For jaywalking pedestrians, this rule is particularly tough. Crossing outside a marked crosswalk or against a traffic signal can be seen as negligence on your part, and insurance companies will often use it as grounds to deny your claim outright, even when the driver was distracted, speeding or otherwise at fault.
Using the last clear chance doctrine to preserve your claim
Even if you were jaywalking, one important exception may still save your claim. Under Maryland's last clear chance rule, you can recover damages if the driver had a clear, final opportunity to avoid hitting you and failed to take it.
For example, if a driver saw you in the road from a good distance and had enough time to brake or swerve but did not, they may be held fully liable despite your jaywalking. This exception is narrow and hard to prove and requires specific evidence about the driver's visibility, reaction time and opportunity to avoid the crash, which is why having legal guidance is critical.
What this means for your case
Your situation is serious but not necessarily hopeless. The details of the accident matter a great deal and can make the difference between recovering nothing and recovering full compensation. Maryland's contributory negligence rule gives insurance companies significant power to deny your claim. That power should not go unchallenged.
An experienced personal injury attorney can look into the circumstances of the accident, identify evidence that supports the last clear chance argument, and push back against attempts to use your jaywalking as a cover for a driver's own negligence. Do not assume your case is over before it starts.
]]>On Behalf of Law Offices of Thomas C. Mooney<![CDATA[Uber ride gets into a crash: Things to know]]>https://www.mooneyesq.com/?p=2375252026-06-26T08:28:02Z2026-06-26T08:28:02ZHow does the claim work?
There are various factors that influence the status of an Uber accident claim. Rideshare accidents have complex legal and insurance layers compared to standard car collisions. Uber's insurance policy coverage depends on the status of the driver at the exact moment of the accident. The common factors that would affect a claim include:
Offline status of driver: Under this circumstance, only the driver’s personal auto insurance policy is in effect.
Driver online or waiting for ride: Uber’s insurance generally covers liability up to $50,000.
Driver transporting a passenger: Uber’s $1 million liability insurance would be in effect if the passenger is injured during a crash.
Under Virginia’s fault-based system, the party responsible for causing the accident is liable for damages. Therefore, in Uber-related collisions, the liability could fall on the rideshare driver, Uber’s corporate insurance or the other driver involved in the crash.
In rare cases, you could also sue the rideshare company for your injuries and property damages if Uber allowed negligent hiring such as drivers with a history of reckless driving and DUI charges.
Securing the fair compensation
Damages in any car crash can be substantial, and navigating claims against Uber or other parties can be highly technical and complex. Having legal guidance can help you pursue appropriate claims to maximize the compensation for which you may be eligible.]]>On Behalf of Law Offices of Thomas C. Mooney<![CDATA[When Product Defects Cause Wrongful Death]]>https://www.mooneyesq.com/?p=2375192026-06-24T09:47:45Z2026-06-24T09:47:45ZHow defects lead to wrongful death
Product defects usually happen in three ways: design flaws, manufacturing errors or a failure to warn users of risks.
A design flaw means the product is unsafe by nature, even when built perfectly, like a dresser designed to tip over easily. A manufacturing error occurs when a specific item is built poorly, such as a product that catches fire or explodes.
Finally, a failure to warn happens when a product lacks clear instructions about hidden dangers, like electrical or chemical hazards. Any of these issues can turn an everyday item into a serious risk.
Common fatal product failures
Vehicles that lose brakes or steering can cause deadly crashes. Medical devices that fail can lead to infections, bleeding or organ damage. Appliances that leak carbon monoxide can cause asphyxiation. Industrial machinery without guards can trap and fatally injure workers.
This is not an exhaustive list of potential fatal product failures.
Preserving evidence to claim
If your loved one dies and a product defect may be involved, keep the product if it is safe. To protect your rights and help future investigations, you should save all related physical and digital evidence, including:
Packaging, manuals, receipts and maintenance records
Medical records and the death certificate
Photos of the item and scene, videos and messages in more than one place
Names and contact details of witnesses
Taking these proactive steps helps preserve vital evidence and protect the memory of your loved one while the facts are being sorted out.
Taking action
Reporting an incident to national and state safety agencies helps prevent further harm. If a product caused a tragedy, you may hold the manufacturer accountable even if they already issued a recall. Product liability claims exist to demand responsibility for preventable harm. Through a wrongful death claim, eligible family members can pursue compensation for loss of companionship and financial support. Additionally, the personal representative of the deceased's estate can bring a companion survival action to recover medical bills and funeral expenses incurred before death.]]>On Behalf of Law Offices of Thomas C. Mooney<![CDATA[How do you drive more safely through Maryland roundabouts?]]>https://www.mooneyesq.com/?p=2375132026-06-23T15:51:55Z2026-06-24T05:01:04ZHow you approach matters
Roundabouts are relatively safer than most road designs, but side collisions could still happen when a vehicle enters the circle. If you are approaching a roundabout, you may want to slow down early and watch the traffic already moving from the left. When the way is clear, yielding properly and entering smoothly could give the driver behind you more time to react.
Your route choice might also matter during the next few moments. In a two-lane roundabout, you usually choose your lane based on your destination and follow directional signs or arrow markings. Typically, use the right lane to turn right or go straight, and use the left lane to go straight, turn left, or make a U-turn. Choosing a lane late could cause you to cross another driver’s path and raise the risk of an accident.
Your position communicates your path
Inside the circle, your position may help other drivers understand your next move. Staying on the same path could make your route easier to read. A last-second move or stop inside the roundabout might surprise a driver who expected you to continue through the curve.
Large trucks often need extra room in a roundabout. You might want to leave space instead of passing along either edge, since a trailer may track wider than the cab. A right-turn signal before your exit could also help waiting drivers judge when the next opening will appear.
Roundabouts support steadier traffic
Roundabouts may take time to get used to, but they often make traffic more predictable once you understand the flow. Small choices from entry to exit might affect whether vehicles move safely or make contact. If a collision leads to questions about damage or insurance, a closer review of lane choice, signaling and timing could help explain how it happened.]]>On Behalf of Law Offices of Thomas C. Mooney<![CDATA[3 factors that influence the severity of a car crash]]>https://www.mooneyesq.com/?p=2375142026-06-23T22:57:15Z2026-06-23T22:57:15Z1. Vehicle speed
The momentum of each vehicle can influence the amount of force generated during a crash. Higher speeds typically result in more serious collisions. Crashes can also be especially severe when one vehicle has far more momentum than the other.
2. The angle of approach
The way in which the vehicles collide directly influences the type of injuries and property damage that the collision produces. Each type of crash carries unique risks, and they can all be deadly in some circumstances.
3. Size discrepancies
When two vehicles are roughly the same size, vehicle occupants may be at lower risk of severe injuries. When there is a significant difference in vehicle size, such as when a compact car collides with an especially large pickup truck, the occupants of the smaller vehicle are typically at higher risk of serious injuries. The smaller vehicle may sustain damage that makes it unsafe to drive.
Evaluating the details of a recent motor vehicle collision can help those hurt in wrecks determine what losses they sustained and how to cover those costs. A personal injury attorney can help those affected by car crashes assess the situation and pursue reasonable compensation for their losses accordingly.]]>On Behalf of Law Offices of Thomas C. Mooney<![CDATA[When does a bad medical outcome become malpractice?]]>https://www.mooneyesq.com/?p=2375122026-06-23T08:28:10Z2026-06-23T08:28:10ZA bad medical result can leave you replaying appointments, test results and treatment decisions, especially when the explanation you received does not match how serious the harm became. In Maryland, the hard question is not only whether the outcome was devastating, but whether the provider missed a medical step that a similarly trained provider should have taken under the circumstances.
A bad result is not always negligence
Medicine carries risks, even when doctors, nurses and hospitals act carefully. A poor outcome alone does not prove malpractice. The key issue is whether the provider’s choices matched what careful medical practice required for that patient, that condition and that moment in treatment.That is why the details matter in a medical negligence claim. The same injury can look very different depending on the patient’s condition, available test results, timing, symptoms and treatment options.
The standard of care gives the case its shape
The standard of care is the medical benchmark for what should have happened. It can involve ordering tests, reading results, responding to symptoms, monitoring a patient, choosing a treatment or warning about serious risks.A strong malpractice claim must connect three things: what the provider should have done, how the provider fell short and how that failure caused harm. If the harm would likely have happened despite proper care, the case becomes much harder to prove.
Maryland requires early expert support
Maryland has a special process for medical malpractice claims. In many cases, the injured person must file a certificate from a qualified expert that states the provider departed from accepted standards of care and that the departure caused the injury. The certificate usually must come early in the case.The expert certificate rule has exceptions. For example, it generally does not apply when lack of informed consent is the only issue. Other timing and extension rules may also matter, so the filing requirement needs careful review.
Expert review can separate concern from proof
Medical records often answer questions that memory cannot. Test results, imaging reports, nursing notes, medication records and discharge instructions can show what providers knew at each point. A qualified expert can then compare those facts with the applicable medical standard.Maryland law also requires more detailed expert support in many cases, including the specific standard of care, how the provider breached it, what the provider should have done and how the breach caused injury. Those details help separate a tragic result from a legally supported claim.
Look for the missing medical step
If something feels wrong after medical care, the practical next step is to identify the missing step. Was there a symptom no one investigated? A test no one ordered? A result no one reviewed? A risk no one explained? Those questions can help you understand whether the problem was an unavoidable complication, a communication failure or a possible malpractice claim that deserves closer review.]]>On Behalf of Law Offices of Thomas C. Mooney<![CDATA[The role of a survival action in a wrongful death claim]]>https://www.mooneyesq.com/?p=2375022026-06-22T15:19:35Z2026-06-22T15:19:35ZWrongful death claims are typically filed directly by the deceased’s surviving family members, and are generally designed to compensate those family members for their own losses. That usually includes the grief they suffer, the loss of companionship and guidance they would have enjoyed if the deceased had lived, reasonable burial expenses and the loss of any financial support the victim would have provided them.
However, another claim is often filed at the same time. Called a “survival action,” this is a type of claim that essentially allows the victim’s estate to pursue the damages the deceased might have been due if they had lived.
What kind of compensation can be recovered in a survival action?
In essence, a survival action allows the estate’s executor or court-appointed personal representative to pursue a personal injury claim for the period of time between the moment of injury and the victim’s death. Survival actions acknowledge that – barring instant death – the deceased likely experienced significant suffering. Under Maryland Code, Courts and Judicial Proceedings § 6-401, the right to make a claim survives, even though the victim does not.As such, Maryland allows the victim’s estate to recover such things as:
Medical expenses that were incurred before the victim’s death
The lost wages that the victim suffered prior to their death
Compensation for the victim’s pain and suffering and emotional distress
Because the compensation technically belongs to the victim, anything received from a successful wrongful death claim is then paid to the victim’s estate. That money would then be divided according to the deceased’s will (if one exists) or Maryland’s rules of intestate succession.It is important to remember that the statute of limitations for a survival action in Maryland is typically three years from the date of injury (although shorter or longer time limits may apply, particularly when medical malpractice is concerned). The date by which a survival action must be filed likely will not align with the final date for a corresponding wrongful death claim. To make sure that you pursue full accountability for your loved one and that due dates are properly observed, it is wisest to seek early legal guidance. ]]>On Behalf of Law Offices of Thomas C. Mooney<![CDATA[Speed affects car accidents in two key ways]]>https://www.mooneyesq.com/?p=2375012026-06-19T19:03:51Z2026-06-19T19:03:51ZSpeed is a major component in many car accidents. Speeding is one of the most common driving infractions, and it contributes to many accidents year in and year out.
In some cases, this means that the speed itself causes the car accident. For instance, a speeding driver is more likely to lose control of their vehicle, especially if they are going around a corner or if there are hazardous road conditions, such as slick roads from a recent rain.On top of that, speed reduces a driver's reaction time to changing conditions around them. If something unexpected happens, such as an animal running into the road, a speeding driver is more likely to crash simply because they do not have enough time and space to react safely.
Making injuries more significant
Secondly, speed can increase the severity of injuries when an accident takes place. Many accidents at low speeds do not result in injuries at all, but are just property damage issues. If someone is speeding excessively, they are much more likely to suffer internal injuries, traumatic brain injuries, spinal cord injuries and things of this nature.In fact, some reports indicate that speed is a component in roughly one-third of all fatal car accidents. This does not mean it is the only component, but it is a significant contributor to why those accidents take place and why they result in fatal injuries for the occupants.
Seeking financial compensation
Have you been injured in an accident caused by a speeding driver? If you have, you need to know what legal steps to take to seek the compensation you deserve for medical bills and other damages.
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