Motorcycle Accident Expert, Harry Hurt,Dies at 81

On December 2, 2009, Harry Hurt one of the world's foremost authorities on motorcycle crashes and cause, passed away. Hurt was the principal investigator of The Hurt Report, an in depth investigation of 900 motorcycle accidents in Los Angeles from 1976 to 1977. His groundbreaking research credited with saving countless lives, was published in 1981.

In 1975, The National Highway Traffic Safety Center, asked Hurt to develop an accident investigation methodology that would determine the causes of motorcycle crashes and injuries. The study concluded that speed was not a factor in most crashes; that helmets were very effective in preventing brain injuries and deaths; and that two-thirds of motorcycle crashes involved cars and two-thirds of those accidents occurred when a car driver failed to see the motorcycle and violated the cyclist's right-of-way.

If you, a family member, or someone you know has been injured in a motorcycle accident or you would like more information on motorcycle accidents, please contact Portner & Shure. 

Rollover Automobile Accident

The Supreme Court just let stand an $82.6 million dollar award to a woman who was paralyzed after her Ford Explorer rolled over. Ford challenged the portion of the award that was for punitive damages, $55 million. Ford argued that is should not be punished because its design of the vehicle met Federal Safety Standards. The Supreme Court agreed with a California State Appeals Court which had earlier rejected Ford's contention. If you or someone you know was injured in a rollover automobile accident contact Portner & Shure for a free consultation.

Major Verdict Rendered in Prince George's County Car Accident Case

A Prince George's County jury has awarded a $4.1 million verdict to the estate and family of a 20 year old male killed in a December 2007 accident.

Plaintiff David Gray was driving to the University of Maryland to attend classes when his vehicle was struck by a police cruiser.  The police cruiser had crossed a double yellow line and collided with the Plaintiff's vehicle, causing the vehicle to be sent airborne across the street.  Paramedics quickly arrived to the scene and transferred the Plaintiff to the Prince George's County Hospital Center, where he subsequently died from injuries sustained in the accident.   

The Plaintiff's mother filed suit on her son's behalf against the Defendant, an off-duty police officer with the Prince George's County Police Department.  In asserting that the Defendant negligently operated his vehicle, the Plaintiff's estate alleged that the Defendant was driving at twice the 25 mile per hour speed limit, that the Defendant was text messaging while driving his vehicle, and that the Defendant was under the influence of alcohol he had consumed the night before.  The jury agreed with the Plaintiff's assertions, and awarded a total verdict of $4.1 million dollars.  Of the $4.1 million awarded, $3.6 million went to the estate of the deceased, $500,000 to the Plaintiff's mother for pain and suffering, $35,000 for past medical expenses and $5,000 for funeral expenses. 

There are a few key points worthy of mention in this case.  It is very curious that the fact that the Defendant had been drinking the night before was not discovered until he was deposed during the civil case.  The Defendant apparently was not asked by his fellow Prince George's County officers arriving on the scene whether he had consumed alcohol the previous evening.  According to the deposition, the Defendant stated that he had drank 3 to 5 Corona's the night before the accident prior to going to sleep at 3 a.m.  The accident occurred just 4 hours after he had gone to sleep, making it entirely possible that the Defendant was still under the influence at the time of the accident.  The Washington Post examined the alcohol consumption issue in this case in greater detail. 

Another interesting point is that texting was used as a means to demonstrate negligent driving.  The Plaintiff's counsel in this case actually brought in an AT&T representative to testify that there was a data transfer from the Defendant's phone at the time of the accident.  I think that the use of texting to show negligent driving in car accident cases may be something we see more and more. 

If you have been in a car, truck or motorcycle accident and believe the person that struck you was at fault, you should contact an experienced attorney.  The attorneys at Portner & Shure many years of experience representing accident victims in Maryland, Virginia and the District of Columbia.  Contact us for a free consultation. 

Truck Accidents: Protect Your Interests in the Face of Serious Injury

Truck accidents stand out from other types of automobile accidents because of the increased likelihood of fatality.  Truck accidents are generally more harmful to the parties involved than standard car accidents because of the size disparity between the vehicles and the potentially dangerous cargo commonly carried by trucks.  Currently in the U.S., one person dies every 16 minutes as the result of a truck accident.  Though truck accidents constitute just 3% of all injury accidents and 5% of all property-damage-only accidents, 8% of the vehicles in fatal accidents are large trucks.  In 2008 alone, there were 4,006 fatalities directly attributed to accidents involving large trucks.  Of these fatalities, 98% of the people killed in truck accidents are occupants of the non-truck vehicle. 

A number of factors exist that are potential causes of truck accidents.  Chief among these factors are the demanding schedules and deadlines that are imposed on many truck operators.  High demand schedules can cause the truck operator to speed or drive aggressively, to drive tired or be fatigued due to extended work shifts, or even to consume narcotics that impair the operator's ability to drive.  The amount of hours that a truck driver has operated their truck is often a relevant fact in truck accident cases, as federal law specifically restricts how many hours a truck driver may log over a fixed period of time. 

Another potential cause of a truck accident is poor maintenance or a failure to install safety equipment.  Often times, a large truck involved in a truck accident may exhibit poorly maintained or overused brakes, missing blind spot mirrors or defective safety equipment like signals, lights and warning devices. 

The overloading or failure to secure truck cargo is also a common cause of truck accidents.  Earlier this year, a Prince George's County jury awarded a substantial verdict for injuries sustained as a result of unsafe cargo loading in Diaz v. Earth Hauler Trucking.  In Diaz, a family was traveling in a minivan on I-495 behind a dump truck owned by Earth Hauler Trucking. The rear gate of the dump truck suddenly detached from the truck, causing the gate and debris held within to fall onto I-495. Although there was no actual contact between the minivan and the dump truck, the detached gate and debris struck the minivan, causing two of its tires to go flat. During impact, the Plaintiff struck his head on the roof of the vehicle and his knee on the dashboard.  The jury in this case rendered a particularly favorable verdict in the amount of $105,755.00, despite the fact that the Plaintiff was able to replace his tires and complete his drive, and that the Plaintiff waited for over a month until seeking medical treatment for his injuries.

Truck accidents are widely considered to be the most likely type of automobile accident to inflict serious injuries on the individuals involved.  Serious injuries call for serious legal representation.  The attorneys of Portner & Shure have countless years of experience representing the victims of truck accidents.  The firm is represents truck accident victims in Maryland, Virginia and Texas.  If you or a loved one has been injured or killed in a truck accident, please contact Portner & Shure. 

Cerebral Palsy: Was My Child's Condition Caused by Medical Negligence?

Learning that a newborn child has been diagnosed with cerebral palsy is one of the greatest fears of expecting parents.  A diagnosis of cerebral palsy often means that a child could suffer from a number of potentially crippling disabilities, including muscular deformity, involuntary movement, seizures, speech disorders and mental retardation for the rest of their lives.  Although a specific cause of cerebral palsy has not been pinpointed, the general consensus is that cerebral palsy is brought on by some form of injury to the brain of the infant before, during, or shortly after birth.  Fortunately for those that suffer from cerebral palsy and their parents, awards in cerebral palsy cases are usually substantial because of the long term effect of the condition and the high cost of medical care associated with the disorder. 

In Frederick County, a jury recently yielded an award of close to 4 million dollars to the family of a child diagnosed with cerebral palsy after birth.  In this case, the mother, who was 8 months pregnant at the time, began to complain of severe and persistent pain and vomiting.  After alternative treatments were attempted, the child was born via cesarean section hours after the mother's complaints.  Upon birth, the child demonstrated signs of oxygen depravation to the brain, which is commonly associated with cerebral palsy.  At trial, the family alleged that the failure of the attending physicians to properly evaluate, diagnose and treat the mother was the cause of the child's cerebral palsy.  The jury agreed with the family, and rendered an award of nearly 4 million dollars for past and future medical expenses, future lost income and noneconomic damages. 

If your child has been diagnosed with cerebral palsy, a number of factors may indicate that the condition has been caused or facilitated by medical negligence.  Common indicators of medical negligence shown shortly after birth are if a child is under-oxygenated or has bluish skin, seizures, trouble breathing,  or an abnormal fluxuation of body temperature.  Use of vacuum extraction or heart rate abnormalities are also indicators of medical negligence.  Other factors that could indicate medical negligence are whether the attending physicians addressed changes in the condition of the pregnant mother, whether physicians addressed changes in the condition of the fetus, whether a cesarean section was ordered in a timely manner, and whether there is a family history of brain damage. 

If you or your child suffers from cerebral palsy and you believe that the condition was a result of medical negligence, you should contact an attorney immediately.  The attorneys at Portner & Shure have many years of experience providing aggressive representation for the victims of cerebral palsy and their families and currently practice in Maryland, Virginia and the District of Columbia.

Dog Bite Cases and Methods of Recovery

Dog bite cases can often be very lucrative because of the potential to name multiple defendants.  In many cases where a dog owner is renting their home or apartment, successful claims can be made against both the landlord and tenant.

For example, a Baltimore City woman was recently able to obtain a verdict of over $325,000 for injuries she suffered as a result of a dog bite.  In this case, the Plaintiff was walking her dog down a public street when another dog broke free from a nearby apartment.  The loose dog then attacked the Plaintiff, causing a flesh wound that would later require 25 stitches to repair.  The Plaintiff subsequently filed suit against both the dog owner and the landlord of the dog owner's property. 

In her suit, the Plaintiff claimed that the dog owner was liable for not adequately securing his dog, and that the landlord was vicariously liable because the property being rented to the dog's owner was not sufficient to house a large dog (the dog in this case was a rottweiler).  Only the landlord presented a defense at trial, claiming that he was not liable for the actions of the dog involved in the attack.  A Baltimore City jury took just 1 hour to return a verdict against the dog owner in the amount of $175,025, and against the landlord in the amount of $150,025.  The amount rendered for the pain and suffering of the Plaintiff was not provided by the Court. 

In dog bite cases, a good attorney should be careful to identify all possible individuals or entities that could be held liable for the actions of the attacking dog.  Specifically, an attorney should focus on whether the attacking dog had escaped the control of its owner.  If the dog did break loose from its owner, an attorney should uncover initially how the dog was being restrained, how the dog was able to break free, and where the dog was able to break free from.  Further, the attorney must investigate the past history of the dog.  If the dog previously demonstrated violent tendencies, the owner is on notice that the dog would be violent, or would bite again.  The issue of notice should be given considerable attention in all dog bite cases.

The attorneys at Portner & Shure are among the most experienced in Maryland, Virginia and the District of Columbia in representing victims of dog bites.  If you, a friend or a loved one has been attacked by a dog, please contact Portner & Shure. 

Green v. N.B.S. Inc.: Court of Appeals Upholds Broad Interpretation of Cap on Non Economic Damages

On July 21, 2009, the Maryland Court of Appeals issued a ruling that will have a dramatic impact on how the cap on noneconomic damages is applied to tort cases.  The Court, in Green v. N.B.S. Inc., held that claims brought under the Consumer Protection Act are to be considered torts, and hence subject to the cap limiting awards on noneconomic damages.  The argument set forth by the Appellant contended that the cap on noneconomic damages is only applicable to torts that are considered common-law torts, and not to civil wrongs like the statutory violation in this case. 

Ultimately, the ruling by the Court of Appeals will have the lasting effect of broadening the applicability of the cap on noneconomic damages.  The Appellant's contention in this case was that the cap only applied to torts like negligence.  With this ruling on the books, the cap on noneconomic damages will apply to all torts, be they from civil rights violations, automobile accidents or medical malpractice. 

A ruling like the one described in Green gives reason to explore why there is a cap on noneconomic damages in the first place.  The cap on noneconomic damages essentially serves to protect the wrongdoer, and punish the innocent victim who's suffering goes far beyond the scope of economic damages.  The cap also is inherently biased against individuals who are at lower incomes or who do not work.  For example, if a child, housewife, or senior citizen suffers a severe head injury in an automobile accident, the economic damages available may be limited because the victim is not working.  However, the noneconomic damages incurred from injuries sustained in the automobile accident may be significantly higher.  The system, as it's currently designed, sets forth the unfortunate implication that the injuries suffered by children, housewives and the elderly are somehow worth less than injuries suffered by others. 

Many states that had passed caps on noneconomic damages have since repealed them.  Hopefully, Maryland will do the same. 

If you or a relative has suffered an accident-related injury, be it a car accident or otherwise, please contact Portner & Shure.

Automobile Accidents and Drinking: Beware of the Consequences

A recent case in Howard County, Maryland demonstrates how serious courts take the situation where a person drinks, gets in a car, and has an accident that leads to the death of another human being. In the case of Jose Santiago, he and a group of friends all went out drinking. An accident occurred, and Santiago's blood alcohol was measured at .09, just above the State's legal limit of .08.

While driving, Santiago lost control and crashed into a truck. Two of the passengers, both friends, were killed. Santiago was charged and plead guilty to two counts of negligent vehicular homicide while driving under the influence of alcohol. Santiago was in this country illegally and U.S. Immigration placed a detainer on him.

Santiago blamed snow for causing the accident. Families of the two men who were killed asked that Santiago be deported instead of jailed. In fact, both families went as far as to go through an official procedure in Mexico to "renounce any illegal act" on Santiago's part and asked that he be deported back to his mother. Despite the families request, the Court sentenced him to three years in jail. Only after he serves the sentence will he be deported.

Most states including Maryland, Virginia, and Texas, all impose jail sentences in automobile accident cases, where the driver was intoxicated, and caused an accident that resulted in the death of another person. Further, most courts will force the illegal immigrant to serve jail time before allowing deportation.

Why Jurors or the Insurance Company Should Give You Damages in Your Personal Injury Case

Everyone who is hurt in an accident believes they are entitled to recover. Recoveries vary greatly from one jury to another, as well as from one insurance adjuster to another. Some attorneys believe that's just the way the system operates, by chance. Not true, a true understanding of what motivates people to give money in accident cases makes all the difference in the world.

First, the adjuster or juror must be persuaded that the money will help. For example, it will go to medical expenses, future care, or lost wages. That's the easy one. Second, and more difficult, is convincing the adjuster or juror that they need to make up for the harm that was caused by the accident. To do this effectively the lawyer must understand what will emotionally move the person paying the money based on the facts presented. For example, was the defendant not acting responsibly, and worse did the defendant take actions to evade responsibility. If so, the argument for more compensation gets easier. Additionally, was the defendant dishonest, not sorry, callus, or hostile? All of the above are motivating factors to increase your recovery. To explore these motivating factors look closely at the defendants overall conduct immediately after the accident, during the deposition or even at trial.

Jurors and adjusters are regular people. They get angry when people don't stand up and accept responsibility. The get angrier when that same person avoids responsibility at someone elses expense. For example, first, the defendant, fails to accept responsibility by following the proper rules of the road, then because he was in a rush ran the red light. Worse, the defendant further tries to avoid responsibility by never admitting any wrong doing.

Your own likability matters. Attorneys often forget that the value of the case is often judged by how the injured person comes across. It is basic human nature, if the injured person is more likable the recovery is often greater. Hence, why you are trying to find motivational reasons for not liking the defendant, you must not forget that it is important to come across as a good person. Pay careful attention to how you dress or act when meeting an adjuster, or going before a jury.

If you or a relative of yours has been injured in an accident, please contact Portner & Shure for more information.

Jurors and adjusters are regular people. They get angry when people don't stand up and accept responsibility. The get angrier when that same person avoids responsibility at someone elses expense. For example, first, the defendant, fails to accept responsibility by following the proper rules of the road, then because he was in a rush ran the red light. Worse, the defendant further tries to avoid responsibility by never admitting any wrong doing.

Your own likability matters. Attorneys often forget that the value of the case is often judged by how the injured person comes across. It is basic human nature, if the injured person is more likable the recovery is often greater. Hence, why you are trying to find motivational reasons for not liking the defendant, you must not forget that it is important to come across as a good person. Pay careful attention to how you dress or act when meeting an adjuster, or going before a jury.

If you or a relative of yours has been injured in an accident, please contact Portner & Shure for more information.