Friday, June 26, 2015

Record Number of Marylanders Travelling for July 4th

            Just like we saw for Memorial Day Weekend, there will also be a record number of Marylanders hitting the roads for the July 4th holiday.  Over 870,000 Maryland residents will travel next weekend, and an overwhelming majority will travel by car thanks to lower gas prices compared to last year.  The travel forecast for this July 4th is projected to be a 2.3% increase compared to last year, which makes it the highest number for the state since data started being tracked by AAA in 2001.  Maryland’s travel numbers are projected to be higher than the national projection.  Nationwide, 42 million Americans are expected to travel for the summer’s busiest travel holiday.  Of the 42 million, 85% of Americans plan to travel by car as the national average price of gas per gallon is almost $1 lower than last year.
            
          Starting July 1st, Marylanders will see the decreases in tolls statewide take effect for bridges, tunnels, and toll roads.  With record travel numbers in Maryland, a majority of people will be flocking to the beach, which means significant Bay Bridge traffic.  With traffic comes an increased risk of accidents due to distractions such as texting while driving or talking on a cell phone.  Another thing drivers must be aware of is increased police patrols along the traditional beach routes.  Police will be looking for speeders, texters, drivers without a seatbelt, and drunk drivers.  Remember over Memorial Day Weekend, police issued over 10,000 citations to drivers for a wide range of offenses.  With even more Marylanders hitting the roads for July 4th next weekend, expect an even higher number of tickets handed out by police.
            
          Please refer to our YouTube video where Attorney Jonathan Portner talks about tips on how to avoid a deadly accident on your way to Ocean City this summer.
            
          Remember to abide by the posted speed limits, especially along the Bay Bridge, and wear your seatbelt at all times when driving in the car.  Some of the worst accidents have occurred along the Bridge, so be cautious of other drivers and get to your final destination safely.  The best way to lower the risk of an accident while driving to the beach is to drive during non-peak hours because traffic will be much lighter than during peak hours.

            
         If you or a family member has been injured or killed in an accident caused by the fault or negligence of another person and would like to consult an experienced Maryland personal injury attorney for free, contact us at (301) 854-9000 to schedule an appointment at one of our office locations in Ocean City or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Thursday, June 25, 2015

Construction Worker Killed in Work Zone on I-95 in Prince George’s County, MD

            Early this morning, a construction worker was killed on I-95 North near the Intercounty Connector (ICC Route 200) after a tractor trailer plowed into two construction work trucks.  The work trucks hit the worker, Randy Jury, severely injuring him.  After being transported to the hospital, Jury was pronounced dead.  The tractor trailer driver suffered injuries in the crash as well, but the extent of his injuries is not known.  The exact cause of the crash is still under investigation.
            
           Deadly accidents in construction zones are a very serious problem, especially along I-95 in Maryland where several major construction projects are ongoing.  Although construction workers on the side of highways appear safe standing behind concrete barriers, sometimes it is only cones that stand between the worker and speeding vehicles.  Numerous road work signs alert drivers to be cautious and slow down when driving through construction zones.  Oftentimes, speed cameras are set up in works zones to catch drivers disobeying the speed limit, however, some drivers disregard the warnings and continue to drive fast and recklessly through these work zones.  Construction workers on the side of the highways should be able to feel safe while they do their job, and should never have to worry about watching out for cars crashing into them.  But unfortunately these types of tragic accidents happen every day. 
            
          Construction zones and work zones on highways usually bring new traffic patterns, including numerous lane shifts and closures.  Drivers must be even more cautious and aware of where they are going in order to avoid accidents involving other vehicles or construction workers.  For example, the construction project on I-95 in Baltimore will require weekly changes to traffic patterns, which will likely lead to confusion on the part of drivers as to how to exit the highway.  Stay alert, drive slow, and be safe when driving through work zones on the highway.


If you or a family member have been injured or killed in a work zone accident and would like to consult an experienced Maryland personal injury attorney for free, contact our office at (301) 854-9000 to schedule an appointment at one of our office locations in Baltimore or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Wednesday, June 24, 2015

Settlement: Police Crash into ATV While Trying to Apprehend the Driver

          In March 2013, Michael Lewis was driving a four-wheel ATV on Karen Boulevard in Prince George’s County, Maryland at the same time that two police cruisers were driving in the opposite direction.  Lewis was driving the ATV on a public road without a helmet, and as a result, the police officers tried to pull him over.  During this attempt, one police car crossed over the double yellow line in the direct path of the ATV.  The first police car narrowly missed hitting the ATV, but the second police car crashed into the ATV.  Lewis sued Prince George’s County because he claimed the police used excessive force and that is the cause of his accident injuries.
            
         Trial for this case began on Monday, and Lewis’s attorneys argued that the police officers used a special tactic called “heading off,” which is only allowed to be used when attempting to stop a violent suspect.  Lewis was only breaking basic local traffic laws.  PG County officials claim the incident was a “miscalculation resulting in an accident.”  All 16 traffic citations were dismissed after the accident.
            
         Yesterday, Lewis and his attorneys accepted a settlement offer from PG County.  The amount of the settlement was not disclosed, but Lewis’s attorneys said their client was “fairly compensated for everything he has been put through.”  Because a settlement was reached, the trial does not continue and the County never has to accept any liability for the accident.  The uncertainty of trial likely prompted the County to try and settle the case out of court.

In personal injury cases similar to this one, where both sides cannot agree on a settlement before trial, there is still usually a high probability of a settlement being reached before trial is over.  Oftentimes, the party at fault in the accident does not want to risk having trial completed and leaving everything in the hands of a judge or jury.  In a settlement agreement, the at-fault party does not accept responsibility for the accident, but instead usually just offers to pay the injured party a sum of money.  Once a case gets to trial, attorneys fees start to increase rapidly and most clients do not want to rack up a large number of legal fees.


If you or a family member have been injured or killed in an accident and would like to consult an experienced Maryland personal injury attorney for free, contact our office at (301) 854-9000 to schedule an appointment at one of our office locations in Greenbelt or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Thursday, June 18, 2015

Berkeley Balcony Collapse Kills 6, Injures 7 Others at Apartment Complex

        Early Tuesday morning, in an apartment complex close to the University of California, Berkeley campus, a fourth floor balcony detached from the building and collapsed while a birthday party was taking place inside the apartment.  Tragically, 5 students from Ireland who were living here temporarily and 1 student from California did not survive the accident. 
            
        The owner of the Library Gardens Apartments is now being forced to inspect every balcony at the apartment complex.  So far, many balconies have been “red tagged” for being unsafe.  At least 7 other people have been taken to the hospital with serious injuries experienced in the fall from the balcony.  The exact cause of the balcony collapse is still unknown as officials continue to investigate why the concrete balcony ripped away from the rest of the apartment building.
            
         This tragic accident brings the issue of negligence on the part of property owners into light.  Something like this should never happen.  Officials must find out if the apartment complex owner was negligent in any way for contributing to this accident.  Property owners have a responsibility to maintain safe premises for others who are on their property.  It is too early to know if the owner knew about any type of deficiency in the construction of the building or its balconies.


If you or someone you love has been injured in an accident caused by the negligence of another person or a failure to maintain safe premises please call us today at (301) 854-9000 to set up an appointment at one of our office locations located in Columbia or throughout the rest of Maryland for a free case evaluation or visit us online: http://www.portnerandshure.com/Personal-Injury/Premises-Liability.shtml

Wednesday, June 17, 2015

What Information Do We Need to Know in Order to Decide Whether to Take Your Case?

           The attorneys at Portner & Shure receive hundreds of calls every day from people injured in an accident.  However, our attorneys do not just take every case without first learning about the circumstances surrounding the crash.  First, we have to gather as many facts as possible about the accident.  Some of the things that we need to know before deciding to take a case include: (1) who’s fault was the accident, (2) if it was another driver’s fault, were they cited by police, (3) were you injured in the accident, (4) have you sought medical treatment from a doctor or in a hospital. 

As a personal injury law firm, we only take accident cases when someone is injured in and has had medical treatment soon after the accident.  For example, in a car, truck, bus, or motorcycle accident, we require that someone is injured and has received medical treatment for that injury.  Some other examples include workers who are injured on the job, a slip and fall, or a dog bite.  Unfortunately, we are not interested in taking cases where you are not injured, or if you are injured, have not sought medical attention, or you have sought medical treatment, but there is a large gap in time between sustaining the injury in the crash and getting treatment.

When our attorneys and paralegals work with the insurance companies involved in each case, they are not interested in paying out claims when it is not clear that the injury sustained in the accident was proximately caused by the crash.  At Portner & Shure, we aim to get our clients more for their claims.  In order to accomplish this, we predominantly take accident cases where it is obvious that the negligence or fault of another party is the cause of the injury in the accident and can easily be proven.  Insurance companies do not favorably view claims where the injured victim never sought treatment or if there is a large gap in time between the accident and the medical treatment for injuries sustained in the accident.


If you or someone you love has been injured in an accident caused by the negligence of another driver please call us today at (301) 854-9000 to set up an appointment at our Gaithersburg office or one of our office locations located throughout Maryland for a free case evaluation or visit us online: http://www.portnerandshure.com/Personal-Injury/

Monday, June 15, 2015

Children’s Train Ride Falls Over, Injures 20 in Prince George’s County, MD Park

           A popular toy train ride at Cosca Regional Park in Prince George’s County, Maryland overturned yesterday.  Twenty people, including children, are being treated for injuries.  Due to the high number of patients injured, the hospital is treating it as a high casualty incident.  Fortunately, most of the injuries are only minor and everyone is expected to survive.

            The ride uses a tractor that is designed to look like a train.  At the time of the accident, approximately thirty people were on board.  The train engine flipped over, but the passenger carts behind it did not.  However, when the front car flipped over, uncontrollable turbulence sent occupants tumbling down a hill. 

The cause of the accident is not known at this time and is still under investigation.  If the operators of the train ride were negligent in any way for causing the accident, it is possible for those injured to bring a personal injury claim against them.

If you or a family member have been injured or killed in an accident and would like to consult an experienced Maryland personal injury attorney for free, contact our office at (301) 854-9000 to schedule an appointment at one of our office locations in Greenbelt or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

 

What Clients Are Saying June 2015

“I am very grateful with the law firm Portner & Shure because I was kept up to date each step of the way when it came to my case. Because of them I was able to pay all my medical expenses and I am very satisfied with my settlement amount. I want to give thanks to the great lawyers and their knowledge; they made it possible for me to have a pleasurable experience.”

Claudia Estevez was the Paralegal for this case.

Litigation News June 2015

               Portner & Shure recently won a combined verdict of close to $15,000 for two clients injured in a rear-end collision while waiting at a stop light on August 14, 2014 in Montgomery County, Maryland.  Damages to the car totaled $3,725 and medical costs for each client were between $3,300 and $3,500.  This case was tried in Montgomery County District Court.  Attorney Christina Ruhl was able to get a verdict that was larger than the actual damages and medical costs.  Our clients were extremely satisfied with the outcome in their case because Portner & Shure was able to get them more.

June 2015 Case Result

             Recently, Portner & Shure settled a bicycle accident case for $45,000 for its client who was injured in 2014 while riding on her bike.  In August 2014, our client was riding her bike when all of a sudden she was hit in the rear by a car and thrown to the ground.  Our client bikes to work every day and her bicycle is the primary mode of transportation for her.  Further, she enjoys bike riding very much.  Attorney Jonathan Portner and Chinese Paralegal Christine Phong worked on this case and negotiated with the insurance company for a settlement of $45,000 for the client.

Employee Spotlight June 2015

           Laura Mahan, Portner & Shure’s new summer law clerk, has been with the firm for a few weeks.  She has already been working closely with two of our senior workers’ compensation paralegals on numerous cases. 

Laura grew up in a suburb of Nashville, Tennessee in the Thompson Station area.  She is a recent graduate of the University of Alabama, where she majored in criminal justice, and is a huge fan of all Alabama college sports team.  She will be returning to Alabama in the fall to attend law school.  Laura is still unsure as to what area of the law she would eventually like to practice, but does know that criminal law is not something she wants to practice.

Before college, Laura was a competitive dancer for 10 years and still enjoys dancing in her free time today.  We are happy to have Laura join the Portner & Shure family and are looking forward to having her here with us for the duration of the summer. 

Thursday, June 11, 2015

Montgomery County Public School Bus Hits Pedestrian in Derwood, Maryland

          Around 9 am this morning, near the Redland Road and Crabbs Branch Way intersection, a school bus struck a woman, seriously injuring her.  The woman’s injuries are life threatening and considered to be a priority one.  Montgomery County police are still investigating the cause of the accident.  It is not clear as of right now whether the pedestrian was crossing the street with a walk signal or if she was in a crosswalk when she was hit.  There were no children on board the school bus and no other people were injured in the crash.

Sadly, pedestrian accidents occur every day across the country.  And unfortunately, thousands of pedestrians are killed each year in accidents, and actually the numbers have been increasing nationwide in recent years.  According to the NHTSA, nearly 3 out of 4 pedestrian deaths occur in urban environments, at intersections, during the nighttime.  In addition, more than one-third of pedestrian deaths involve alcohol.

Determining who the negligent party/ies is/are in a pedestrian accident is crucial.  For example, Portner & Shure investigators will examine the scene, talk with witnesses, and interview police officers handling the case in order to develop an understanding of the facts.  Our attorneys then use the facts to create a legal plan of action to help the client recover monetary damages for their medical expenses, injuries, pain and suffering, and lost wages.

In a Maryland pedestrian accident case, it must be determined whether the pedestrian was lawfully crossing the street at the time of the crash.  In other words, was the pedestrian crossing the street against the “walk” signal, crossing outside the crosswalk, or texting while crossing, or was the pedestrian crossing with the “walk” signal and inside the crosswalk.  Because Maryland is a contributory negligence state, if the victim pedestrian is negligent in any way, they cannot recover in a civil lawsuit.  Since we do not know the facts in this case yet, we do not know if the pedestrian was contributorily negligent in the accident.

If you or a family member have been injured or killed in a pedestrian accident and would like to consult an experienced Maryland personal injury attorney for free, contact our office at (301) 854-9000 to schedule an appointment at one of our office locations in Gaithersburg or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Wednesday, June 10, 2015

Runaway Potatoes on 495 After Truck Overturns in Prince George’s County, Maryland

           Early this morning, a tractor trailer carrying thousands of potatoes overturned on the outer loop of the Capital Beltway in Prince George’s County.  The truck driver was injured in the accident that spilled the potatoes into the median of the highway.  Unfortunately, the driver needed to be flown to shock trauma in order to treat a significant arm injury.  This incident occurred just before the Pennsylvania Avenue exit in the Forestville area. 

            One lane was blocked during the morning rush hour creating a backup on the Capital Beltway.  Highway crews called in tractors to try and clean up the spill of potatoes and remove the overturned tractor trailer.  Police are investigating the cause of the crash and are considering the possibility that the driver fell asleep.  Drowsy driving is a serious problem, especially for truck drivers that are forced to drive through the night to meet deadlines.  To learn more about drowsy driving, take a look at our blog post on the topic.

            While it may be a little comical to see the pictures of potatoes all over the highway, we must remember that someone was seriously injured as a result of the accident.

If you or someone you love has been injured in an accident caused by the negligence of another driver, including truck drivers who have fallen asleep behind the wheel, please call us today at (301) 854-9000 to set up an appointment at one of our office locations located throughout Maryland for a free case evaluation or visit us online: http://www.portnerandshure.com/Auto-Accidents/Truck-Accidents/  

Monday, June 8, 2015

PG County Police to Start Using New Technology to Catch Speeders in School Zones

          We are all familiar with seeing the big boxes located in the areas around school zones throughout Maryland.  These boxes are speed cameras that catch drivers who drive too fast in school areas.  Over the last few years, more and more Maryland counties have been adding speed cameras around schools to make the streets safer for children when they are crossing.

            In Prince George’s County, police are launching a new speed camera technology that uses a laser gun to catch speeders.  Instead of the big speed camera boxes that most school zones have, these devices are handheld and much smaller.  Police officers plan to use these devices in areas where big speed camera boxes just do not make sense to install.  Since these new devices are handheld, they are easily transported and can be used temporarily in areas where the communities around schools need them.  Another benefit of this device is that the camera is attached to the laser device and sends speeding drivers the ticket in the mail without police having to physically pull the driver over.  If the device detects a driver going 12 miles per hour above the posted speed limit, a ticket will be sent to the driver in the mail.

            PG County police will start with two devices to use initially, and will expand if successful.  One of the reasons PG County decided to use the technology is because the county has the most highway crashes and pedestrian fatalities in the state and the Washington, D.C. region.  “In the year before the county had a speed camera program for school zones, 70 children under the age of 15 were hit by cars,” says AAA Mid-Atlantic spokesman, John Townsend.  Citations will be given out after a 30-day warning period and will include a $40 fine.

            Pedestrian safety is an important issue for people of all ages, but especially so for school-age children.  Speeding in school zones is a major issue that must be corrected.  These new devices are certainly promising because it makes it a lot easier for police to employ and send out tickets.  In addition, police can set up in a different spot every day so that drivers must always drive slowly in the school areas because a speed camera device could be set up anywhere to catch them.

If you or a family member have been injured or killed in a pedestrian accident and would like to consult an experienced Maryland personal injury attorney for free, contact our office at (301) 854-9000 to schedule an appointment at one of our office locations in Greenbelt or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Thursday, June 4, 2015

UPDATE: Fatal Rockville Accident Sunday Night Attributed to Drunk Driver

          Last Sunday night, a head-on collision killed one person and seriously injured another.  The crash took place on Muncaster Mill Road just past Colonel Zadok Magruder High School in Rockville, Maryland.  Initially, police only knew that a man driving a black 2014 Ford Focus was travelling south on Muncaster Mill Road and collided with a white Ford Taurus that was travelling north.  The driver inside the Ford Taurus, Diane Alice Corrao, did not survive the crash, and the 34 year old driver of the Ford Focus, Francisco Diana, suffered serious, but non-life-threatening injuries and remains in the hospital.

After investigating the crash further, Police determined that Diana was driving under the influence of alcohol and that is why his Focus crossed over the yellow lines into oncoming traffic.  Diana actually came forward and admitted to police that he was drinking and driving that night.

Fatal car accidents happen far too often in Maryland.  The state’s Department of Transportation has set a goal of zero deaths on Maryland’s roadways and continues to work tirelessly to improve the roads and make them safer for drivers.  Drunk driving related deaths are horrific because someone makes an irresponsible decision to drive drunk and then an innocent life is taken away because of that.   Losing a loved one in a fatal car accident is devastating for any family, especially when it could have been prevented.  No amount of money will ever replace losing that person.  In a wrongful death case, the law allows for surviving estates to collect a financial recovery when a negligent party is held liable for the cause of the death.  Compensation for damages can include: loss of services, loss of future income, mental anguish, medical expenses, funeral expenses, and punitive damages.

            If you or a family member has been injured or killed in an accident caused by the fault or negligence of another person and would like to consult an experienced Maryland personal injury attorney for free, contact us at (301) 854-9000 to schedule an appointment at one of our office locations in Rockville or throughout Maryland or visit us online at http://www.portnerandshure.com/Auto-Accidents/Car-Accidents/Fatal-Car-Accidents.shtml

Wednesday, June 3, 2015

Automated Cars: Cool Technology, but Who is Liable in a Car Accident?

          As cars become more technologically advanced, more and more questions arise in terms of accidents, liability, and safety on roadways.  Many new cars, trucks, and SUVs today come equipped with self-parking and braking capabilities.  Furthermore, several car manufacturers have built and are testing self-driving vehicles.  For example, Google-made cars have already taken the roads, as well as the first tractor-trailer approved to drive itself on Nevada highways that was created by Freightliner and Daimler. 

But, how safe are these automated cars and will they actually reduce the number of accidents?  The National Highway Traffic Safety Administration (NHTSA) seems to think so and strongly supports the new technology.  Tens of thousands of Americans die every year as a result of traffic accidents and over 2 million more people are injured.  The NHTSA believes that by reducing the role humans play in driving cars, accidents will greatly be reduced.  However, just because vehicles can operate on their own does not mean that an experienced driver will no longer be needed behind the wheel.  The best example used to refute that myth is an airplane pilot.  Airplanes are filled with technology that practically let them fly by themselves (i.e. autopilot), but pilots have some of the most extensive training and experience that allow them to be able to operate a plane in the event autopilot fails.  While most of the time technology works perfectly, it is far from perfect.

The biggest problems that we will face when most cars on the roads are automated will be driver engagement and who is liable in the event of an accident.  If the car is able to perform all aspects of driving on its own, why would the “driver” need to remain engaged with the road and the surroundings?  Distracted driving with texting and cell phone use will become even more rampant than today because people will not be required to actually “drive” and operate their vehicles.  To combat this potential problem, some car manufacturers such as Mercedes-Benz and Tesla have special sensors that force a “driver” to prove they are engaged with the car every so often.

As to the other problem of liability in this new world of self-driving cars, will car manufacturers start being held liable instead of the “drivers?”  While the number of human-caused accidents will likely decrease, the number of accidents caused by system errors will likely increase.  If an accident is caused because of a technological error in the car, can the car manufacturer be held liable in a personal injury suit?  That question remains to be seen.  It is certainly very interesting to think about and we will see what happens in the future as more and more self-driving vehicles are allowed on the roads.

If you or a family member has been injured or killed in an accident caused by the fault or negligence of another person and would like to consult an experienced Maryland personal injury attorney for free, contact us at (301) 854-9000 to schedule an appointment at one of our office locations in Silver Spring or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Monday, June 1, 2015

Wrongful Death: Fatal Rockville Accident Sunday Night

         Late last night, a head-on collision killed one person and seriously injured another.  The crash took place on Muncaster Mill Road just past Colonel Zadok Magruder High School in Rockville, Maryland.  As of right now, police know that a man driving a black 2014 Ford Focus was travelling south on Muncaster Mill Road when he collided with a white Ford Taurus that as travelling north.  The driver inside the Ford Taurus did not survive the crash, and the 34 year old driver of the Ford Focus suffered serious, but non-life-threatening injuries. 

Police are still investigating the crash to find out why the driver of the Focus crossed over the yellow lines into oncoming traffic.  Alcohol has not been ruled out as a factor in the crash.  Police are asking any witnesses to come forward to help them understand the cause of the accident.

Fatal car accidents happen far too often in Maryland.  The state’s Department of Transportation has set a goal of zero deaths on Maryland’s roadways and continues to work tirelessly to improve the roads and make them safer for drivers.  Losing a loved one in a fatal car accident is devastating for any family.  No amount of money will ever replace losing that person.  In a wrongful death case, the law allows for surviving estates to collect a financial recovery when a negligent party is held liable for the cause of the death.  Compensation for damages can include: loss of services, loss of future income, mental anguish, medical expenses, funeral expenses, and punitive damages.

            If you or a family member has been injured or killed in an accident caused by the fault or negligence of another person and would like to consult an experienced Maryland personal injury attorney for free, contact us at (301) 854-9000 to schedule an appointment at one of our office locations in Rockville or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/