What is distracted driving?

Distraction.gov defines distracted driving as any activity that diverts your attention away from your driving. While texting and cellphone use are common culprits in distracted driving cases, they are not the only ones. Distracted driving can also include: Watching or taking videos on a phone Eating or drinking while driving Using an infotainment system to access radio channels, the GPS, or other features Personal grooming, including applying makeup, shaving, or brushing one’s teeth “Rubbernecking” at accident scenes Excessively engaging with passengers Reading or sending emails Daydreaming Many of these activities are still legal to do; your car probably came with cup holders and a built-in radio, and most new cars feature a built-in navigation system. Using those items while driving, however, increases the risk of a crash and serious injuries.

What are Maryland’s distracted driving laws?

Most state laws focus on texting or cell phone usage only, and Maryland is no exception. Under MD Transportation Code § 21-1124 (2019), “An individual who is under the age of 18 years may not use a wireless communication device while operating a motor vehicle.” In other words, no minor can use a cellphone while driving – period. It doesn’t matter if the driver is “hands free” or not; Maryland does not allow anyone under the age of 18 to use a phone while driving. Under § 21-1124.1, “an individual may not use a text messaging device to write, send, or read a text message or an electronic message while operating a motor vehicle in the travel portion of the roadway.” The “no texting” rules applies to drivers of any age, with any kind of license. However, the rule does NOT apply to using GPS, or texting an emergency call to 9-1-1. In other words, you can legally type GPS directions into your phone (even though it is unsafe to do so while driving), and in the event of an emergency, you can text for help. Under § 21-1124.2, the Communications Traffic Safety Act, adult drivers cannot use a handheld device, though legally they may answer, start, or end a call. Hands-free devices are legal for adults. There are, of course, exceptions to every rule. An adult may use a handheld device to call for emergency services of any kind, and the law “does not apply to certain law enforcement and emergency personnel, or to certain commercial operators using ‘push-to-talk’ technology.”

Burn Injuries From Car Accidents in Maryland

Name: Maryland Personal Injury Lawyers
Brand: Plaxen Adler Muncy, P.A.
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Compassionate representation for car accident victims who suffer burn injuries

Burn injuries can happen in seconds, especially when a car fire or explosion is involved. According to the National Fire Protection Association, U.S. fire departments responded to more than 215,000 vehicle fires each year between 2018 and 2022. For those involved, recovery often means extensive medical treatment for physical injuries as well as emotional trauma.

In many cases, these injuries are not just accidents – they may result from negligence or defective vehicle components.

If you or someone you love has suffered burn injuries in a car accident in Maryland, please reach out. Our experienced Maryland burn injury lawyers are ready to help you pursue compensation for both immediate costs and long-term impacts.

How do burn injuries happen in car accidents?

The most common cause of burn injuries in car accidents is fire and explosions, often caused by fuel leaks. Injuries can also occur from the rapid deployment of airbags and malfunctioning electrical systems.

Vehicle fires after a collision

Fires are one of the most dangerous threats after a car accident. Leaking gas and broken electrical systems can contribute to sparks that grow into flames. Car accident victims can suffer burn injuries while trapped inside the vehicle or while attempting to escape.

Car explosions

Explosions after car accidents are more likely when fuel vapors ignite in enclosed spaces, when tanks rupture under pressure, or a crash sparks a flammable material. In high-impact crashes, explosions may be larger, resulting in more severe burns.

Airbag deployment burns

According to the National Library of Medicine, burns account for nearly 8% of injuries that occur due to air bag deployment. Airbag burns can happen when the skin is exposed to heat, friction, or chemicals. This is because airbags expand quickly using a chemical reaction that can release hot gases and particulates. Burns typically affect the face, arms, and hands because they’re the closest body parts to the airbag.

Electrical system malfunctions

Damaged wiring or battery systems can cause electrical burns during or after a crash. Short circuits can also ignite nearby materials or cause direct electrical injury.

Types of burn injuries caused by car accidents

Car accidents can cause multiple types of burn injuries of varying degrees.

First-degree burns

A first-degree burn is an injury to the top layer of your skin. One common example, which most people have experienced, is a sunburn. First-degree burns can also occur when your skin is exposed to hot liquids or surfaces.

Second-degree burns

Second-degree burns are the most common type of burn injury. Symptoms often include blisters, pain, and shiny or discolored skin. Some minor second-degree burns may be treated at home, but many require medical evaluation – especially if they are large or affect sensitive areas.

Third-degree burns

A third-degree burn damages the full thickness of the skin and may extend into underlying tissue. These burns are serious and typically require treatment by a medical professional. When you suffer from a third-degree burn, you’ll likely see the damage; your skin may appear white, charred, or even leathery.

Fourth-degree burns

Fourth-degree burns are the most serious type of burns and, unfortunately, can be life-threatening. The damage often burns through the skin and into the muscles, tendons, and bones.

Third- and fourth-degree burns often require advanced medical care, including surgery or skin grafting.

Long-term effects of burn injuries

Burn victims can face significant long-term effects, depending on the severity of the injury. These long-term effects can play a significant role in calculating compensation.

Permanent scarring and disfigurement

After a crash, once the initial injuries have healed, you may still experience visible scars. Sometimes, reconstructive surgery may be necessary to improve function or appearance.

Chronic pain and nerve damage

When nerves are damaged in burn injuries, the result can be pain, tingling, or numbness. Sometimes, long-term pain management is necessary.

Limited mobility

When scar tissue builds up due to burn injuries, it can restrict joint movement and flexibility. Physical therapy may help victims get back to their normal selves, but in severe cases, the injury may result in permanent disability.

Emotional trauma and PTSD

Burn injuries can be catastrophic. The aftermath often leads to anxiety, depression, or even PTSD. Mental health treatment is often a key part of recovery.

Who can be held liable for burn injuries after a crash?

After a car accident, determining who is responsible for damages may not be straightforward. Multiple parties can be held liable based on negligence or defective vehicle components.

Negligent drivers

If a driver was speeding, distracted, under the influence, or simply not following traffic laws, they can be held responsible for the resulting damage, including burn injuries.

Vehicle manufacturers

Sometimes the crash itself is not the cause of a burn injury. If a vehicle catches fire due to a defective fuel system, faulty wiring, or a malfunctioning airbag, the manufacturer may share responsibility.

Auto parts manufacturers

Even if a vehicle as a whole wasn’t defective, a single part, like a fuel line or electrical piece, can be the cause of a burn injury. If this is the case, the company that made the specific auto part may be held liable.

Government entities (if applicable)

In limited circumstances, when the condition of the road contributes to the crash, a government agency may be involved. Examples include poor maintenance or missing signage. These claims are complex and involve specific notice requirements and deadlines.

What compensation can you recover?

After any type of injury, including burn injuries, the costs can add up quickly. A personal injury claim can help you recoup those costs.

Medical expenses

Burn injuries often require more than one single trip to the doctor’s office. If burns are severe, victims may require emergency room visits, surgeries, follow-up appointments, and ongoing treatment. Future medical needs, including physical therapy, may also factor in when determining medical expenses in a case.

Lost wages and future earnings

When your injuries force you to miss work in order to recover, you may be able to claim lost income. Compensation includes the income you missed, as well as long-term effects on your ability to work.

Pain and suffering

Any type of injury can result in physical pain and emotional distress, including burn injuries sustained in car accidents. These damages may be compensable.

Emotional distress and disfigurement

Visible scars from burns can make you feel self-conscious, especially if they’re on your face or not easy to cover up. This uneasiness can impact your confidence and your relationships. Compensation may take into account the emotional experience suffered by a burn victim.

How a burn injury lawyer can help

Investigating the cause of the fire

Burn injuries from car accidents can be a result of driver negligence, an auto part defect, and a variety of other factors. A Maryland burn injury lawyer can help you identify the cause of the fire. They’ll work with expert witnesses, preserve evidence, and represent you through the negotiation process and in trial, if necessary.

Preserving critical evidence

There’s a lot of information to collect in any case, especially matters concerning burn injuries due to car accidents. An experienced Maryland attorney can work to secure data regarding all vehicles involved. This includes accident reports and maintenance logs. An attorney can also collect medical records and billing records detailing your injuries and the costs of your injuries. These documents will be used to support your claim.

Working with accident and fire experts

Expert witnesses can help establish how a fire or explosion occurred. Relying on accident and fire expert opinions can strengthen your case.

Negotiating with insurance companies

Your attorney will advocate for you and pursue full and fair compensation.

Filing a lawsuit if necessary

If settlement isn’t in the cards, your attorney should be prepared to take your case to trial. The attorneys at Plaxen Adler Muncy, P.A., are prepared to file a lawsuit when negotiations fail.

What to do after suffering a burn injury in a car accident

Immediately after a car accident, move away from the vehicle, especially if there is smoke or fire. From there, the steps you take can make a difference for your health and your legal claim.

Seek immediate medical care

Even minor-looking burns can become infected. If you’ve suffered burns in a car accident, seek medical treatment as soon as possible. Proof of treatment also serves as important evidence when you pursue a legal claim.

Document injuries and the scene

If you’re able, take photos of the injuries, the vehicle, and the accident scene. Small details may be forgotten later, and the photographic evidence helps to paint a fuller picture of exactly what happened.

Avoid speaking to insurers alone

Be cautious when speaking with insurance adjusters. They may try to minimize your claim. Consider legal guidance before making any statements.

Contact an attorney promptly

An attorney can build a strong case while you focus on your recovery. The quicker you contact them, the sooner they can get started.

How long do you have to file a burn injury claim?

In most cases in Maryland, you have three years from the date of the incident or when your injury was discovered to file a personal injury claim. Get in touch with an attorney as soon as possible to ensure your claim is filed on time and critical evidence can be gathered before it is too late.

Speak with a Maryland burn injury lawyer today

At Plaxen Adler Muncy, P.A., our lawyers offer compassionate representation to each client. We’re dedicated to telling your story. We offer free consultations, so there is no risk in reaching out to us today. We know you’ve been through a lot, and we can help. Don’t hesitate to reach out today. Contact us today to schedule a free consultation.

Our attorneys are available to meet in person in Baltimore or Columbia, but we can also meet via video or phone consultation if that’s more convenient for you.