Friday, December 26, 2014

Don't Forget the Helmet | MD Personal Injury Lawyer


visit us at  www.portnerandshure.com
or call us at (410) 995-1515 to speak with an experienced Maryland car accident lawyer today for a free consultation.

Yesterday, it is likely that many children woke up to a brand new bicycle, scooter, skateboard, or pair of roller blades sitting under their Christmas tree.  A helmet and other protective gear should also be included with these gifts since they can be dangerous activities when proper safety precautions are not taken.  Young children are more likely to get severe injuries to their head, arms, and legs when riding a bike, scooter, or skateboard and falling off.  Most injuries can be prevented by wearing protective gear such as helmets, elbow pads, and knee pads.  Any bicyclist who does not wear a helmet is at increased risk of head injury.  A national survey has shown that only 48% of children ages 5-14 years wore bicycle helmets when riding.  Most children find helmets to be uncomfortable and “uncool,” but they don’t realize they can also save your life by protecting your head from serious injury.  Parents and older siblings need to set a good example for the younger children by showing them that wearing a helmet is the “cool” thing to do.

            When getting your child a helmet, make sure it is the proper size and that it is tightened and secure when on their head.  Do not let your child be the one who gets seriously injured or even killed from not wearing a properly fitting helmet when riding their new bike, scooter, skateboard, or pair of roller blades.  Make sure your children are safe when playing with their new toys while riding them into the New Year.

If you or a family member has been injured as a result of a bicycle accident or suffered a personal injury and would like a free consultation contact our office at (410)  99-1515 or visit us on the web at http://www.portnerandshure.com/Personal-Injury/

Friday, December 19, 2014

Maryland Car Accident Attorney | Holiday Travel

visit us at  www.portnerandshure.com
or call us at (410) 995-1515 to speak with an experienced Maryland car accident lawyer today for a free consultation.

Highest Holiday Travel Volume in Maryland since 2001

During the holiday window of December 23rd to January 4th, more than 2.1 million Marylanders will travel for the holidays, according to AAA Mid-Atlantic.  This is almost a 5% increase over last year’s holiday period.  The nation as a whole is projecting over 98 million Americans to travel this year for the holidays.  The main reasons for the increase can be attributed to significantly lower gas prices compared to previous years, stronger consumer confidence, and a “longer holiday window.”

Of the 2.1 million Marylanders, 1.9 million will be driving, which is also an increase compared to last year.  Drivers must be careful when driving, especially with the predicted heavy traffic of cars on the road and the threat of a storm for the Eastern half of the country around the Christmas time period.  Maryland drivers need to remember to drive safely and cautiously whether roads become wet from rain, ice, or snow.  Distracted drivers are just as dangerous, so avoid texting and driving.  Accidents are never a good thing, especially during the holidays when everyone is trying to get to their destination to spend time with family.

If you do find yourself in the unfortunate situation of being in an accident, here are three things you should know:

1.    Do Not Speak
It is important to understand that when the insurance company calls to speak with you, they are working to reduce their exposure. This means that the information that you give them is information that can be used against you. As a lay person, you may not realize what kind of information is harmful or helpful to your case. Because of this, it is essential that you find the help of an experienced Maryland automobile accident attorney who can advise you. Furthermore, a car accident lawyer can speak to the insurance company for you so that you will not make the mistake of revealing too much information. Not speaking to the insurance company is especially important for those who do not speak English fluently or speak English as a second language. The insurance company may take advantage of the language barrier to obtain information they can use against you.

2.    Focus on Treatment
When you are treating for your injuries, you must listen to the advice of your doctor. Do not attempt self-diagnosis or stop treatment before your doctor advises you to discontinue treatment. Some clients make the mistake of ending their treatment process early and later discover that they are not fully recovered. By this time, it may be too late for those clients to make a claim for the treatment they subsequently receive. Do not make this mistake and risk your claim. Instead, listen to the advice of your doctor.

3.    Do Not Rush
The settlement process takes time. Our experienced Maryland car accident attorneys are skilled in negotiation. Oftentimes, this includes waiting out the insurance company to obtain the top offer. Because of this, it is important for clients to be patient and allow the attorney to obtain the most for your claim.

If you or a family member has been injured or killed in an automobile accident, truck, bus or motorcycle accident, and would like a free legal consultation or if you would like more information on car accidents please feel free to contact our office at (301) 854-9000 or visit us on the web at http://www.portnerandshure.com/Auto-Accidents









From our family to yours, Happy Holidays and please drive safe!

Wednesday, December 17, 2014

Bowie, Maryland Motorcycle Accident Attorney


Monday night, a motorcyclist was tragically killed in Bowie, Prince George’s County, Maryland during rush hour while travelling on Laurel Bowie Road, south of Powder Mill Road.  Police say the driver of the motorcycle “veered into oncoming traffic to avoid hitting a stopped car.”  The motorcyclist was hit by an oncoming car, and the driver of the car was not injured.

Motorcycle accidents are one of the most dangerous types of accidents because motorcyclists lack the same protection as cars and trucks.  Motorcycles do not have airbags, windshields or seatbelts to protect them in an accident.  After a motorcycle accident has occurred, it is important for you, as the rider, to follow these tips to protect your personal safety and to ensure your best chance at getting the compensation you deserve.

·         Escape Immediate Danger and Seek Medical Attention

o   Nearly 62% of motorcycle accidents involve fuel leaks.  You must distance yourself from the motorcycle if there is a leak.  Further, make sure no one lights an open flame, including flares, near the scene of the accident if there is gasoline leaking.  If you are injured, you should be taken to a hospital for immediate care.  Common injuries resulting from a motorcycle accident include scrapes and bruises, broken arms and/or legs, and concussions.  It is important that a doctor examines your injuries to determine the severity.

·         Stay Calm and Remain Silent

o   After any traumatic event, such as an accident, your body’s adrenaline may cause you to act irrationally.  Remain calm by taking deep breaths and sitting down.  Do not talk to anyone because adrenaline sometimes causes people to speak without thinking, and it is important to avoid admitting fault.

·         Do Not Leave the Scene of the Accident

o   Make sure you exchange information with all involved parties and wait for the police to arrive.  By leaving after the accident, you open yourself up to a hit and run felony charge.

·         Keep Records of All Documents Related to the Accident

o   It is very important to keep a record of all expenses you incurred as a result of the accident.  Some common expenses include doctor’s visits, repairs and lost wages from time missed at work.

·         Call the Police

o   A police report is important because it will document the facts of the crash, the parties involved and record of any witnesses.  If police do not arrive at the scene, it is best to file a report later at the police station.

·         Seek Professional Legal Counsel

o   Call an experienced motorcycle accident attorney to help you recover any benefits to which you may be entitled.  It is important to call a lawyer as soon as possible to assure that all evidence and witnesses do not disappear.
If you or a family member has been injured or killed in a motorcycle accident, contact Portner & Shure for a free legal consultation or if you would like more information on motorcycle accidents at (410) 995-1515 or visit us on the web at http://www.portnerandshure.com/Auto-Accidents/Motorcycle-Accidents.shtml

Friday, December 12, 2014

Dog Bite or Dog Attack Attorney in Maryland


Baltimore Ranks Sixth in United States in Dog Attacks on Mail Carriers
            Last year alone, 46 mail carriers were bitten by a dog in Baltimore City, and more than 5,500 mail carriers were attacked.  In the entire Baltimore District, which includes almost the entire state of Maryland except the Washington, D.C. suburbs, 61 mail carriers were bitten.  A Postal Service spokeswoman wrote in an email that dog breeds, housing types, and mailbox types may all be factors in causing a high number of dog bites and attacks.  The public needs to be aware of “potential hazards posed by unrestrained dogs” and take action to prevent these unprovoked attacks from happening.  Postal Service carriers are trained on preventing dog bites, but dog owners also need to take measures to keep their dogs from attacking postal carriers.  Mailmen and women are not the only ones subject to dog attacks, small children and the elderly are also frequent victims of dog attacks. 
            The urban layout of a city such as Baltimore likely contribute to the high number of dog bites and attacks because mail carriers are forced to walk on the streets and into small yards where it is easier to come in contact with a dog.  A common mistake that dog owners make is saying to a mail carrier that they should not worry about the dog or that the dog is friendly.  A Chicago-based group, Prevent the Bite, says that neutering or spaying a dog will cut down the chance of getting bitten.  In fact, “70% of dog bites are from male dogs that have not been fixed,” according to Prevent the Bite.
            Responsible dog ownership is the key here, because if a dog is treated poorly, they are more likely to attack someone.  Maryland laws “require dogs to be on a leash, restrained or responsive to voice command.”
            If you are the victim of a dog bite in Maryland, you may be entitled to compensation from parties that you may not readily realize. In order to ensure that you are being fully compensated, it is important to contact an experienced dog bite attorney. Below are four potential parties who may be liable for your dog bite:

·         A dog owner is responsible for a dog bite attack if the owner kept a dog which he knew to be dangerous or had previously bitten someone. This rule is known as the "one free bite" rule.

·         A dog keeper is responsible for a dog bite if they had prior knowledge that the dog had previously bit someone, or if the dog keeper knew the dog to be a dangerous dog.

·         A landlord, one who has the right to control the dog’s presence on the premises of where the bite occurred, may be held liable for the injuries of a dog bite if the landlord knew that the dog was a dangerous dog.

·         Landlords of a commercial property, such as a shopping center, may be held liable for a dog bite. If you are on commercial property, the land owner has a duty of reasonable care to keep the premises safe and to protect you from dangerous situation.
If you or a family member have been injured by a dog bite or attack, contact Portner & Shure for a free legal consultation or if you would like more information on dog bites and attacks at (410) 995-1515 or visit us on the web at http://www.portnerandshure.com/Personal-Injury/Dog-Bites/

Sunday, December 7, 2014

Maryland Workers Compensation Lawyer | Coming and Going Rule


visit us at www.portnerandhshure.com
or call us at (410) 995-1515 to speak with an experienced Maryland Workers Compensation Attorney today for a free case evaluation.

Portner & Shure’s workers compensation department recently tallied a big win in a hotly contested case relating to the premises exception to the coming and going rule.  The case involved a worker who was struck by an automobile in her employer’s front parking lot while walking to work in the early morning, sustaining serious injuries to her head and knee.  The employer denied the worker’s claim, arguing that it was denied by the coming and going rule.

The general rule in workers compensation law is that injuries sustained while coming and going to and from work are not compensable.  The rationale behind this rule is that the risks workers are exposed to while traveling to and from work do not arise out of and in the course of employment, as these risks are borne by the general public daily.  This general rule, however, is not without exception.

The “premises exception” to the going and coming rule provides that an injury sustained by a worker who has arrived on her employer’s premises, but has not yet begun her shift, is compensable.  Maryland courts have held that the parking lot of an employer’s business constitutes “premises” for purposes of this rule.

At the hearing, the employer argued that the worker’s case was not covered by the premises exception because the worker was walking through the public parking lot in the front of the store, as opposed to the back parking lot designated for employees.   A witness for the employer testified that employees were not permitted to park in the front lot without special permission.  A witness for the worker testified workers customarily parked in the front lot.

Portner & Shure’s attorney, Christina Ruhl, argued that the case of May Dept. v. Harryman, 307 Md. 692 (1986) should apply and that the worker’s injury should be compensable.  In the May  case, the court held that the premises exception applied to a parking lot regularly used by employees of a shopping center, as well as the general public, even if the parking lot was not controlled by the employer.  The Workers Compensation Commission held that the premises exception applied according to the May case, because the lot was customarily used by the employees of the employer, and was at times used with the owner’s special permission.  The Commission awarded the worker temporary total disability benefits and authorized continuing medical treatment.

If you or someone you loved as sustained a Maryland work injury, or would like more information on workers compensation, please call us at (410) 995-1515 for a free consultation.

Friday, December 5, 2014

What Drivers Need to Know About New I-95 Express Lanes

visit us on the web at www.portnerandshure.com
or call (301) 854-9000 to speak with a top rated Maryland automobile accident attorney for a free case evaluation.

The long-awaited express E-ZPass lanes on Interstate 95 in the Virginia and Washington, D.C. area is expected to open this month.  These new lanes will extend and add capacity to the HOV lanes already present on 95 to create a 29 mile stretch of HOV/Express lanes.  This will stretch from the Edsall Road area in Fairfax County to Garrisonville Road in Stafford County.  Many drivers in the area are confused about what devices will be needed, how much it costs to use theses lanes, how many people need to be in the car, and what is an E-ZPass Flex transponder.  The Virginia Department of Transportation and the company Transurban will operate the lanes and have spent months trying to educate drivers in advance of the opening.

First, the E-ZPass Flex transponder should only be purchased and used if you will, at least occasionally, drive in the express lanes with at least two passengers.  This device is flexible because it allows the driver to switch in and out of a carpool setting.  As a result, when driving with at least two passengers and the device is switched to HOV mode, no toll will be assessed.  However, if you do not plan on carpooling in the express lanes, the regular E-ZPass device will still work and a toll will be assessed.

Drivers should also know that Virginia State Police can detect when the transponder is in HOV mode and can count the number of occupants in the car.  If the driver is using the express lanes with the HOV mode on to avoid paying tolls when not carpooling, they can be ticketed by police.
This year, Virginia eliminated the monthly fee on E-ZPass accounts in a move to promote carpooling using the express lanes and a flex transponder.  However, if you have an E-ZPass Flex device and do not use it for carpooling at least once in the first six months, your account will be charged a $10 fee.
In terms of the cost for using the express lanes, the toll varies and does not have a limit as to how high it can go.  Nevertheless, the normal average rate is predicted to be between $6 and $8.  There are no rate periods because tolls will rise or fall depending on traffic.  There will never be a time when it is free to use the express lanes (unless operating a carpool with the flex device).  The cost for using the express lanes is likely to be lowest when driving during off-peak times when traffic volume is lowest.  There will be two signs before choosing to take the express lanes that show the cost, and it is the price shown on the second sign that will be what you pay.

Traffic along 95 throughout Virginia is some of the worst in the country, making car, truck, and motorcycle accidents a common occurrence.  However, with this new 29 mile stretch of express lanes and the incentive to avoid paying tolls when driving with at least two passengers, traffic should improve and the number of accidents should diminish.

If you or a family member has been injured or killed in an automobile accident, truck, bus or motorcycle accident, and would like a free legal consultation or if you would like more information on car accidents in Maryland please feel free to contact our office at (301) 854-9000 or visit us on the web at www.portnerandshure.com/Auto-Accidents/

Thursday, December 4, 2014

Montgomery County, Maryland Bicycle Accident Attorney


Visit us at www.portnerandshure.com or call (410) 995-1515 today to speak with a top rated Maryland personal injury attorney for a Free Case Evaluation.   

Due to the nice weather last Monday, a Montgomery County resident went for a bike ride, but was tragically killed after being struck by a water utility truck.  Police said the Washington Suburban Sanitary Commission truck was driving on Darnestown Road, near Quince Orchard Road when he began to turn left on a green light.  At the same time, the bicyclist, who was wearing a helmet, was riding in the far right lane when he too started to turn on a green light.  The truck collided with the bicycle at the entrance of a shopping center, and the bicyclist could not save his life at the scene.  All indications are that this was an accident.  It is unfortunate that these kinds of accidents are occurring more often, and drivers must remain aware of their surroundings and be cautious of bicyclists on the road.

            There are several important factors in a Maryland bicycle accident suit.  If your case makes it to trial, a jury will consider the following factors:

·         Damage to the bicycle and any vehicles involved in the crash

·         The party or parties at fault in the bike accident

·         What arguments can defendant’s attorney make for defendant not being liable

·         The presence of drugs or alcohol

·         Injuries suffered by all parties, including wrongful death damages

·         Severity and permanency of injuries

·         Pain and suffering resulting from the accident

·         Witnesses of the accident and their credibility

Juries offer larger awards to victims when there are serious permanent injuries and all evidence points to the defendant being at fault.  However, it is up to your attorney to present evidence in a manner that clearly explains wrongful death damages and/or the extent and nature of the injuries. Bicycle accident victims must choose an experienced personal injury attorney with abundant litigation skills in order to receive the compensation they deserve.

If you or a family member has been injured by a driver while riding a bicycle, contact Portner & Shure for a free legal consultation or if you would like more information on drivers hitting pedestrians at (410) 995-1515 or visit us on the web at http://www.portnerandshure.com/Personal-Injury/

Wednesday, December 3, 2014

New Construction Project at University of Maryland, College Park Poses Risk for Personal Injury and Need for Attorney

University of Maryland Transforming Cole Field House into $155 Million Indoor Football Facility and Academic Research Complex

Two weeks ago, the University of Maryland, College Park Board of Regents’ Finance Committee unanimously approved a proposal to turn the Cole Field House Student Activities Building into an indoor football facility and academic research complex.  Next up, the proposal will be voted on by the full Board of Regents next month.  University of Maryland is the only Big Ten school without an indoor football facility.  The proposed facility would include excavating the bowl seating of Cole Field House to create a 100-yard indoor football field.  In addition, there would be two football practice fields west of the new facility, as well as a “state-of-the-art Center for Sports Medicine, Health, and Human Performance.”

Cole Field House’s history goes back to 1955 when it housed its first Maryland college basketball game where the Terps defeated Virginia.  The arena still holds the record for being the site of the most upsets of number one-ranked men’s basketball teams with seven.  Cole Field House also hosted NCAA tournament games and concerts.  Maryland played its last basketball game in Cole under Hall of Fame Coach Gary Williams in March 2002 with a win over Virginia.  That same year, the Maryland basketball team went undefeated at Cole Field House and went on to win the National Championship.  Currently, the building is used for homecoming events, classes, and offices.  It is important that the future plans to transform the arena will maintain the history and tradition that made Cole Field House such a special building. 

Mr. Shure was a running back on Maryland’s football team from 1985 to 1987, and he certainly supports this planned renovation.  He was a three-time member of the ACC All-Academic Team.  Today, Mr. Shure implements football strategies in his legal philosophy by never cutting corners and pushing aggressively on each automobile accident and medical malpractice claim.  As a result, Mr. Shure has helped settle and negotiate millions of dollars in client recoveries every year.

With a major construction project of this nature, in the busiest part of Maryland’s campus, there is a higher risk of car and scooter accidents.  If you or a family member has been injured by a driver while walking or riding a bicycle through a crosswalk, contact Portner & Shure for a free legal consultation or if you would like more information on drivers hitting pedestrians at (410) 995-1515 or visit us on the web at http://www.portnerandshure.com/Auto-Accidents/