Maryland Personal Injury Attorney | Statute of Limitations in a Personal Injury Lawsuit in Maryland

So you've been involved in an auto collision and sustained injuries but you don't have the time to schedule a doctor's appointment and handle the situation. Or maybe you have the time but you're overwhelmed because there seems to be a mountain of paperwork to read and your medical bills are getting uncomfortably high. Perhaps you've been meaning to consult an attorney but between your career and real life, you can't seem to make time. These are common situations for our clients who have been involved in auto collisions. However, it is important to understand that by delaying, you could be legally unable to file a claim and receive damages, even if you were the victim.

"Statutes of limitations" are laws that set time limits on how long you have to file a civil or criminal lawsuit. These time limits depend on the legal claim or crime involved in the case, and vary from state to state. For example, in some states you may have three years to file a personal injury lawsuit after you were hurt in car accident, but in other states you may have two years. As a general rule, the time period begins to run on the date your claim arises or "accrues," like the day of the car accident.

The statute of limitations that applies to most tort cases in Maryland is MD Cts. & Jud. Proc. § 5-101, which provides that "a civil action at law shall be filed within three years from the date it "accrues" unless another provision of the Code provides a different period of time within which an action shall be commenced." Deciding when a cause of action accrues is often a matter of complex legal interpretation. It is a good idea to consult a lawyer to help you figure out when your cause of action accrued. Remember, once the statute of limitations has expired or "run," you can no longer file a lawsuit.

Maryland Auto Accident Attorney | Maryland Cell Phone, Texting, and Driving Laws

Can I send a text message or talk on my handheld cell phone while driving in Maryland?

No. Maryland bans cell phone use while driving without a hands-free device. This means you cannot have the phone in your hands while driving. Instead, drivers must use a hands-free device, like a Bluetooth headset, if they wish to talk on their cell phone.

Can law enforcement officers pull me over for talking or texting on my cell phone?

Yes. In Maryland, the use of handheld cell phones (includes both talking and texting) while driving is a primary offense. This means law enforcement officers in Maryland have the authority to pull drivers over for talking and/or texting on a cell phone without using a hands-free device. The offense was previously a secondary offense, requiring officers to pull you over for something else before citing drivers for using their phones improperly.

What are the fines associated with getting pulled over while using a cell phone while driving in Maryland?

A first-time offender will be fined $83, including court costs. A second offense will cost $140 and increase to $160 for a third and subsequent offense. In addition, if the violation contributed to an accident, 3 points will also be assessed in addition to the fine.

What if I need to use my cell phone for an emergency?

Drivers can use their phones to call or text 911 in the event of an emergency. Maryland law continues to ban the use of cell phones while driving for school bus drivers, those under 18 and adults who hold learner's permits.

Maryland Car Personal Injury Attorney, Jonathan Portner, Now Offers Free Case Recovery Evaluation

Jonathan Portner, a partner at Portner & Shure, and a member of the National Top 100 Trial Lawyers and Million Dollar Advocates Forum is now sharing his experience and giving back to the Maryland community by providing free case evaluations in car accident cases. Read more...

 

Maryland Workers' Compensation Attorney|The New "Move Over" Law that Seeks to Protect Tow Truck Drivers

A new bill, nicknamed the "move over" bill, seeks to protect those who work in one of the most dangerous industries on the road. The bill has just cleared in the Maryland House of Delegates unanimously just this week. The Senate vote is awaiting action the Judicial Proceedings Committee.

Tow truck drivers face grave danger every day in their line of work. The AAA Mid-Atlantic found that from January 2000 to December 2005, 130 tow truck drivers were killed nationwide while assisting clients. This number does not even take into consideration the countless tow truck drivers who have been seriously injured on the job.

The new bill will require motorists to move into an open lane when tow truck drivers are attending to clients who need roadside assistance. This procedure is the law for when motorists approach police and other emergency vehicles. 

Maryland Accident Lawyer | What is my case worth????

Most clients want to know, "what is my case worth?"  http://www.portnerandshure.com/Auto-Accidents  There are many factors affecting the value of your case. The settlement value is simply a prediction of what a judge or jury would decide your case is worth. There is no specific formula to assess case value because every Plaintiff is different. The overall health of one Plaintiff over another can affect the value of a case. Pre-existing injuries and illnesses in one Plaintiff may reduce the value of their case over a Plaintiff with perfect health even in identical accidents.

When negotiating cases, there are several factors to consider that may add or detract value. These factors are the type of injury sustained in the accident; the economic damages suffered (medical expenses, lost wages); the amount of available insurance coverage (liability limits); how strong is the liability in your case and how clear is the causal connection between the accident and your injuries. Having witnesses is not enough, you must consider the credibility of the witnesses. And finally, jury perception. Believe it or not, while "justice is blind," the expected jury perceptions of the Plaintiff have to be considered when attempting to value a claim. Different juries can award different verdicts for the same accident. Plaintiffs do well in more liberal venues such as Baltimore City and Prince George's County. But Plaintiff in conservative venues such as Anne Arundel County and Howard County may not do as well.

Attorneys have to consider all of these factors and determine a "fair and reasonable" value for a case. Don't be discouraged, statistical data shows that Maryland Plaintiffs are successful about 85% of the time in automobile accident cases. The average jury award is between $10,000.00 and $12,000.00 based on the above factors. When compared to other types of personal injury cases, such as medical malpractice, Maryland is getting pretty good results even if a lawyer cannot give you a number when you ask "How much is my case worth?"

The Best Maryland Injury Lawyers Know Crosswalks: Do You?

Many Marylanders know that they are supposed to walk inside of a crosswalk when crossing an intersection. However, most do not know the potential consequences of failing to do so, and the many nuances in Maryland's laws, like the effect of contributory negligence on pedestrians and crosswalks. In fact, injury attorneys in Maryland are confronted with the harsh consequences of crosswalk accident cases every day. This piece addresses some tips on how to avoid being on the wrong side of Maryland's crosswalk laws.

In Maryland, a crosswalk exists where a sidewalk ends at the street. Therefore, there are two types of crosswalks. The first is a "marked crosswalk." The second, and less commonly known, is an "unmarked crosswalk." An unmarked crosswalk is defined under Maryland Law as: "that part of a roadway that is within the [continuation] or connection of the lateral lines of sidewalks at any place where 2 or more roadways of any kind meet or join, measured from the curbs or, in the absence of curbs, from the edges of the roadway." In other words, there does not have to be a marked path or a sidewalk on both sides of the street for a crosswalk to exist. If a sidewalk approaches a street and ends, even if there is no sidewalk on the opposite side of the street, an unmarked crosswalk exists where the sidewalk would have extended into the street. Therefore, in unmarked areas as these automobile accident victims have the right-of-way.

Pedestrians should also know that they may not cross an intersection diagonally, unless there is a crossing device that not only permits a pedestrian to cross the intersection diagonally but also signals the pedestrian to do so. Furthermore, a pedestrian is required by law to walk on the right half of a crosswalk. In the case of jay-walking pedestrians, Maryland places a high duty of care on the pedestrian. This means that a pedestrian who crosses a street without using a crosswalk has the responsibility of making sure that no car hits them. This is important because many people believe that the operators of vehicles have the responsibility not to hit pedestrians. Yet, it is pedestrians who have the responsibility of not being struck by a vehicle when crossing at a location other than a crosswalk. Therefore, pedestrian accidents that occur outside of a crosswalk often lead to no personal injury recovery for such automobile accident victims.

Maryland is one of the few states that requires its personal injury attorneys to confront the rule of contributory negligence. Under Maryland Contributory Negligence law, if a person injured by another is negligent leading up to the automobile accident that caused them harm, that person is completely prevented from recovering against the party that injured them in the collision. In the case of a pedestrian hit by a motor vehicle, this means that if a pedestrian fails to follow the proper rules of the road regarding pedestrian street-crossing, a pedestrian can be out of luck when he or she looks to the Maryland courts for justice in their personal injury claim.

Because of contributory negligence laws in Maryland, even the best and most experienced Maryland personal injury lawyers can do little to help a victim recover in an automobile accident case if he or she was negligent in crossing a street. Therefore, it is important to know that when crossing a street pedestrians should make sure to walk within crosswalks and obey traffic signals. By doing this, the right-of-way is on your side when you need an experienced Maryland Injury Attorney to fight for you.

If you or a family member has been injured or killed in an automobile accident, truck, bus or motorcycle accident, pedestrian accident, and would like a free legal consultation or if you would like more information on car accidents or personal injury, please feel free to contact our office or visit us on the web at www.portnerandshureaccidentlawyers.com.

 

Does an insurance company use video surveillance in automobile accident cases in Maryland or Virginia?

Absolutely. In serious accident cases you need to be aware of the fact that if you are claiming a permanent injury the insurance carrier becomes more concerned about its exposure. If the adjuster has received medical reports where you claim such a disability the adjuster may hire an investigator to follow you and video your activities. This is often done on the day you have a scheduled doctors appointment with the insurance company's doctor for an evaluation. Amazingly, Maryland and Virginia personal injury lawyers will inform their client of the questions the doctor for the insurance carrier may ask, yet forget to tell them their activities for the day may be videoed. This certainly is a home run for an insurance carrier when a client is shown raking leaves on the same day she told the doctor she was basically confined to her bed (this happened to a well known Baltimore accident attorney).

Many insurance companies, like the Hartford are known to conduct video surveillance in injury cases where a permanency is claimed once a lawsuit if filed.

I inform all of the injury clients I meet in my Columbia, Maryland office, and tell all of the accident lawyers who work for the law firm in Maryland and Virginia, to instruct all accident clients, with respect to video surveillance in this fashion:

1. If you are not claiming a permanent injury odds are there will be no video surveillance;

2. If the insurance policy for the defendant driver is 25,000 or less video surveillance is not likely;

3. If you are seeking large permanent damage and are claiming you can no longer work, walk, drive, enjoy leisure activities or working outdoors, beware of video surveillance;

4. If you have a scheduled deposition, or any meeting with a doctor for the defendant, expect video surveillance.

91 -Year-Old Anne Arundel County Man Killed in Scooter Crash

Baltimore and the surrounding area seems to have no regard for crosswalks. Maybe the color needs to be changed from white to bright red. Recently the Baltimore Metropolitan Area has suffered a rash of pedestrian, bicyclists and motorcyclists accidents. Three students have been injured at or near the Johns Hopkins campus, most notably a bicyclists who probably will never regain the majority of his cognitive functions. The family of that young man has filed a $10 million lawsuit. The biker was in a bike lane. It is unclear whether the two students struck this weekend were in a crosswalk. What is clear is that the man killed in Brooklyn Park last week was within a clearly marked crosswalk.

If a pedestrian suffers injuries or is killed because they are struck by a vehicle, their recovery for resulting injuries may depend on whether they were crossing in a crosswalk, especially if a crosswalk exists at the scene of the accident. Maryland law regarding pedestrians requires that a person crossing where there is a clearly marked crosswalk must cross within that crosswalk. If the pedestrian fails to do so, their claim may be unsuccessful because of contributory negligence, which is a common defense to tort claims in Maryland.

This elderly man, who was riding a mobility scooter, crossed completely within the crosswalk. Through no fault of his own, the man was struck by a Toyota Tundra and was pronounced dead after being taken to Maryland Shock Trauma. As a result of his death, the deceased man's family may have a wrongful death lawsuit against the driver.

Cell Phone Use While Driving: The Saga Continues

I am confused. Didn't the Maryland law that made texting while driving illegal also outlaw reading texts while driving?  Apparently not, a recent article I read in the Baltimore Sun cleared up my confusion.  There are actually quite a few nuances to Maryland cell phone laws currently on the books.  Here are a few of the strange quirks of the laws in effect, as of now:

• Talking on your cell phone while driving is a secondary offense and you cannot be pulled over unless you are breaking some other law


• Writing or sending messages while driving is prohibited (even if the driver is not breaking any other laws) but reading messages is not


• A driver may talk on a cellular phone, if completely stopped in traffic, because the law only prohibits talking "while in motion" (considering that breaking any other law would be a neat trick while your car is not moving, this distinction seems pointless)


• Texting while driving carries a maximum fine of $500 and one point while talking carries a maximum fine of $40 and no points (unless the driver contributes to an accident)


• Exceptions exist for using a global positioning device or contacting emergency services

 

Now Maryland lawmakers are making an effort to make laws prohibiting cell phone use while driving more expansive.  This year's proposals include a ban on reading text or emails while driving and giving the police the ability to pull someone over for talking on the phone even if the driver is not breaking any other laws.  Maryland is one of only five of the thirty states with cell phone restriction laws that still allow the reading of texts while driving.  Most legislators involved with the new proposals believe that the reading ban is likely to become law.  However, making talking on the cell phone a primary offense is probably not likely.

The ban of talking on the cell phone passed by only one vote last year.  Those opposed to the law cited all of the other activities which distract drivers and the existence of reckless driving laws.  One Montgomery County Democrat, who voted against the law last year, listed putting on makeup, eating, and reading the newspaper as activities that are just as dangerous.  Putting on makeup and READING THE NEWSPAPER while driving are extremely dangerous but relatively uncommon, while everybody has a cell phone.  However, eating an occasional double cheeseburger and/or four piece nugget while driving is a fundamental right and a liberty interest that should be protected. 

In all seriousness, driving while writing or reading a text is extremely dangerous and is a constant threat to other drivers. In fact, our litigation department now asks, as a standard question, for a copy of the defendant's cell phone records for the date and time of the accident in question. If you were involved in an accident that you believe was caused by cell phone use, contact the Maryland accident lawyers at Portner & Shure.

Bus Accidents, Unlike Car Accidents,Often Occur Without Any Collision

Obviously, the chances for other accidents to occur on board a bus loaded with passengers is greater. Such was the case in a recent accident in Timonium in Baltimore County, Maryland. In this incident, the bus was transporting a special needs child home, from a Baltimore County School, Villa Maria at St. Vincent's School in Timonium, Maryland. After getting in a fight with one boy, the child then tried to leave the bus via the front door. Aides stopped him, there were two adult aides on the bus. However, neither was apparently able to stop this speedy six year old from then running to the back, opening the door and falling out of a moving bus. Negligence may rise here not from a collision, but from the aides inability to apparently supervise and care for the children. Seems to be a real hot issue since they were on notice that the special needs child was upset and tried to get off the moving bus via the front door.

If you have been involved in an automobile accident or bus 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 or visit us on the web at www.portnerandshure.com. 

Negligence on a School Bus

More facts have been revealed concerning the bus accident in Timonium, Maryland, in Baltimore County which we blogged on recently. In the blog, we questioned whether a 6 year old special needs child could have been stopped before he opened the back door of the bus and fell to his death. We raised the question as to whether the aides on the bus were negligent for failure to provide adequate supervision.

Interestingly, the school system fired the two aides who were on the bus transporting the student from his Baltimore County School to his home. Further, the bus drivers license was also disqualified.

All these actions may help in the future but certainly don't do a thing to rectify the apparent negligent care of the adults on the bus. First, they were on notice that the boy was already trying to get out of a moving bus (he had tried to get out the front). Second, he wasn't in a harness that the state mandated educated plan required him to have. The family is seeking answers. A lawsuit in the Baltimore County Circuit Court will ultimately provide them.

If you have been involved in an automobile accident or bus 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 or visit us on the web at www.portnerandshure.com. 

Accident in Maryland, Virginia, or Washington, D.C., Can You See an Acupuncturist?

Many of our Korean and Chinese speaking automobile accident clients prefer a doctor who speaks their native language. Many of these same personal injury clients prefer an acupuncture doctor over a chiropractor or an orthopaedist. The questions presented are what is appropriate medical care, and what is appropriate care in an accident case in Maryland, Virginia, or the District of Columbia.

Assuming the injury was not a bulging or herniated disc, our personal injury clients have treated with acupuncturists and have at the same time obtained great physical results from them, as well as great monetary results from insurance companies. Obtaining medical treatment from acupuncturists is a common occurrence in the Chinese community throughout Rockville, Silver Spring, and Gaithersburg, Maryland.

The world health organization recognizes acupuncture and traditional Chinese medicine to treat automobile accident injuries, including neck, back, shoulder, and knee injuries. Acupuncture itself is more than three thousand years old and works through the distribution of meridians. The meridians are passages through which blood is circulated. Needling the acupuncture points unblocks obstructions at the meridians and re-established blood flow and corrects imbalances. It is believed that needling stimulates the nervous system to release chemicals in the muscles, spinal cord and brain. In turn, the chemicals alter the pain experience or trigger the release of other chemicals which influence the bodies own internal regulating system. The improved biochemical balance results in stimulation of the bodies natural healing abilities.

Acupuncture treatment in Maryland, Virginia, and Washington, D.C., in all automobile accident cases should be prescribed by a medical doctor. Statutes in these jurisdictions are unclear as to whether a liability insurance carrier must pay for this treatment otherwise. Courts will allow the treatment for automobile accident injuries, but with no objection by the insurance carrier, if there is a prescription. Further, PIP and Med-Pay carriers will pay for Acupuncture without any hesitation in cases where its recommended by a medical doctor.

Acupuncturists can not prescribe medication. Often this care is done in conjunction with a medical doctor who can prescribe pain medication and muscle relaxers. Seeing a medical doctor as well as an acupuncturist is often a great combination.

Our personal injury law firm has tried in court and settled thousands of cases where automobile accident victims have used Chinese speaking Acupuncturists. In each case we have found that is the bills and treatment were reasonable and necessary, well documented and prescribed, than the treatment was paid for along with pain and suffering damages.

If you have been involved in an automobile 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 or visit us on the web at www.portnerandshure.com

Rear-end Collision in Montgomery County, Rockville, Maryland: Can You Prove Fault?

A Korean gentleman called our personal injury hotline this weekend and relayed the following facts, through one of our Korean auto accident interpreters. He stated he slowed and nearly stopped at a yellow light because the car stopped in front of him. The car drove away, and he was then hit twice from behind. He indicated that he believed he could not be at fault since he was rear-ended, wanted to make an injury claim, but was concerned since he was given a ticket at the scene. See a problem?

The Korean gentleman was alone in the car at the time of the accident. When the police came the two cars that hit him stated he stopped for no reason. The police did not call for a Korean interpreter. Korean interpreters are available through the operator. However, the police certainly don't have as many interpreters on staff who speak Korean as they do Spanish. Therefore, the call was not easy, and was not made. Further, the Korean gentleman was alone at the time of the car accident and he failed to call or get someone to the scene who spoke English. With no witness, and no ability to explain himself, he received a ticket for the accident solely because he spoke Korean and no English. Clearing the matter up later will prove futile. The accident claim was lost at that moment.

Obviously, if you don't speak English you need to be prepared for this type of situation. Spanish interpreters are readily available in accident situations. However, we have seen this same situation repeat itself countless times in situations where our Chinese speaking clients have been involved in motor vehicle accidents where they sustain injuries throughout Maryland and Virginia.

If you have been involved in an automobile 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 or visit us on the web at www.portnerandshure.com. Further, if you need an interpreter who speaks Spanish, Chinese or Korean at the scene of an automobile accident, you may call our firm in Maryland at 301-854-9000 or 410-995-1515 and in Virginia at 703-916-1227.

Carroll County Bicyclist Killed When Struck by Tractor Trailer

On Tuesday, August 24, 2010, Arthur John Martin, Jr., 51, a retired police officer, was riding his bicycle on Maryland 75 in Carroll County when he was struck by a tractor trailer.  The tractor trailer driver, Anthony Edward Woodie, 37, was operating his 1985 Peterbuilt on Shepherds Mill Road and was turning right on Maryland 75 when he failed to yield the right of way and struck Mr. Martin.  It was reported that Mr. Martin was thrown from his bicycle and then struck by the tractor-trailer.  He was pronounced dead at the scene.



The Maryland State Police crash team are still investigating this accident and charges are currently pending against the tractor trailer driver.  There is no evidence to suggest that alcohol or speed contributed to this accident. This is yet another example of why the question keeps being raised, "Whether motorists should share the roads with bicyclists?"  Clearly, a 25-pound bicycle is no match for a 10,000-pound truck.  Bicyclists should be lobbying for designated bike lanes for bicycle safety.  Recently, advocates for the League of American Bicyclists were at the Capitol expressing their excitement over the bike lane extending between the Capitol and the White House.  If they can have them in Washington, D.C., why not everywhere?

If you, a family member, or someone you know has been involved in a bicycle accident, truck accident or automobile accident, please contact one of our Maryland Accident Lawyers for a free consultation or visit us on the web at http://www.portnerandshure.com.

Harford County Bicyclist Driving Under the Influence

If a motorist is riding his vehicle on the public highways under the influence of alcohol and causes an accident, should he be arrested for  "driving under the influence"?  Should these same laws apply to an individual riding his bicycle on the public highways?  If motorists  are forced to share the roads with bicycles, then perhaps they should be held accountable for obeying the laws of the highways and the same penalties and consequences should apply.

In a recent Harford County accident, a 33 year old man was leaving a bar in Bel Air on his bicycle on Thursday, August 12, 2010, when he ran into a motor vehicle.  The bicyclist, Matthew Parker was flown to Maryland Shock Trauma for head injuries.  The injuries appeared not to be life-threatening.    

According to Bel Air Police Chief, Leo Matrangola, they suspect Mr. Parker was riding his bicycle under the influence of alcohol and charges are currently pending.  The question especially arises when the intoxicated bicyclist causes an injury to someone other than himself.  Bicyclists currently advocate for laws that provide safety for themselves.  However, due to their increasing numbers we should not ignore certain safety issues that now arise for the automobile driver.  Perhaps a law change should only apply to a bicyclist who causes an accident that leads to an injury of the automobile driver.

If you, a family member or someone you know has been involved in a bike accident or car accident or you need more information on car and bike accidents, please contact Portner & Shure for a free consultation with one of our Maryland personal injury lawyers.

Anne Arundel County Accident Injures 3 and Driver Dies

A family was resting on a bench from a bicycle ride on Sunday, August 8, 2010, when a car crashed into them near Russett Green West and Ridgemoor Drive in Laurel, Maryland in Anne Arundel County. The couple was sitting on the bench with their two twin boys when a car struck a light pole and then continued on to strike the bench where they were sitting.

The operator of the vehicle, 63 year old, Ms. Ramota Oluyemisi Koletowo was rushed to the hospital where she later died.  The 36 year old man was flown to Shock Trauma and his 38 year old wife was transported to Johns Hopkins Hospital and their 4 year old son was rushed to Johns Hopkins Pediatric with head injuries.  Their second child was not injured. Police are still investigating the crash to determine whether it was fatigue or a medical emergency that contributed to the fatal car accident as Ms. Koletowo was on her way home from working an overnight shift.



The family injured in this accident is entitled to certain benefits from the driver's insurance company, that will cover some of their medical expenses and/or lost wage claim, resulting from  this accident.  These benefits are known as Personal Injury Protection benefits.  They would also be entitled to make a claim for bodily injuries in addition to pain and suffering against the deceased driver.   However, it would need to be determined if the driver was experiencing a medical emergency and whether the driver had prior knowledge of this medical condition that could put them or others at risk.  It is important in these types of accident, that you obtain the help of an experienced  Maryland personal injury lawyer who has handled "sudden emergency defenses."        

If you, a family member or someone you know has been involved in a car accident or you need more information on car accidents or sudden emergency defenses, please contact Portner & Shure for a free consultation with one of our Maryland  personal injury lawyers.

Road Rage: Cyclist vs. Motorist

Were public highways constructed for motor vehicles or bicycles?  Who has the right of way, the bicycle or the motor vehicle?  Many motorists believe that cyclists are endangering themselves since they are no match for tons of metal on wheels.  Many a debate has arisen when it comes to the rules of the road, who rules, cyclist or driver?   

Most people would be surprised to learn that legally bikes do have the right to ride their bikes on the roadways, in most jurisdictions.  In Maryland and D.C., those rights have been expanded where a 3 foot rule was passed by the Senate on May 20, 2010.



Many motorists feel that this bill is not fair.  Motorists have to pay for tags and insurance and obey the laws of the highways.  If cyclists have the right to the roadways, then they too should have to pay for insurance and tags and obey the traffic laws and be cited if they disobey those laws.  As simply stated by one motorist, "if we're going to level the playing field, then let's level it completely and equitably."  Why not construct bike paths for the safety of cyclists and leave the highways to the motorists?  

In a recent Harford County bicycle accident, 17 year old, Albert Wayne Glass was riding his bicycle on Sandpiper Court heading toward Willoughby Beach Road in Edgewood, Maryland.  According to the Harford County Sheriff's Office, Glass proceeded through a stop sign at the intersection of Albantowne Way and Willoughby Beach Road when he was struck by Timothy James Foster.  Mr. Foster was traveling east on Willoughby Beach Road through the intersection when he struck Mr. Glass.  Mr. Glass sustained serious bodily injuries and was flown by medevac to Shock Trauma, where he underwent emergency surgery to relieve massive blot clots on his brain.  Should Mr. Glass have been operating his bicycle on the highway in the same capacity as a motorist?  Could this accident have been avoided if the State Highway Administration approved a bill for Bicycle and Pedestrian Access?  While it appears several of these issues are before the legislature, the question the motorists and cyclists need to know is when will it be implemented and what should be done in the meantime?  

If you, a family member or someone you know has been involved in a bike accident or car accident or you need more information on car and bike accidents, please contact Portner & Shure for a free consultation with one of our Maryland personal injury lawyers.

Horrible Car Accident Leaves Driver in Terrible Condition While Others Sustained Minor Injuries

Injuries ranging from soft tissue injuries such as whiplash to the more serious injuries which involve broken bones, traumatic brain injuries or even fatalities can often result from a car accident. It is not uncommon for a person who leaves the scene of the accident to not experience pain or discomfort until a day or two following the accident.

An example of how different injuries can result from the same car accident is demonstrated by a May 22, 2010, automobile accident that occurred on Route 27 in Frederick County, Maryland. The driver of a Toyota Corolla was traveling on Gillis Falls Road while the driver of a Lexus LS 430 was traveling northbound on Route 27. The preliminary investigation done by the police shows the driver of the Corolla failed to yield to the right of way while trying to cross Route 27. When the two vehicles collided, the Corolla was forced into trees and the driver became trapped inside. Members of the Mount Airy Fire Department had to extricate the driver and he was transported to R Adams Cowley Shock Trauma Center in Baltimore by a Maryland State Police helicopter. The driver of the Lexus and her passenger were taken to Carroll Hospital where they were treated and released with only minor injuries.

This accident is still under investigation by police and they are seeking witnesses who may have seen this collision.

It is imperative that all the rules of the road are followed in order to prevent serious automobile collisions such as this. Traffic control devices are in place to help maintain the flow of traffic in an orderly fashion. Stop signs, yield signs and traffic signals should always be given proper attention. Failure to do so can result in very serious injuries as demonstrated in this scenario.

If you or someone you know has been injured in a car accident contact Portner & Shure for a free legal consultation. Our Maryland accident lawyers are available to provide answers to any questions you may have.

Drug Suspects Cause Car Accident That Results In Fatality

A few weeks ago, two undercover Baltimore City Police officers witnessed a drug transaction between two suspects on Gwynn Oak Avenue in Northwest Baltimore, Maryland. The suspects attempted to evade the police as they sped away from the scene. They struck a civilian vehicle that was being operated by an elderly couple. One of the victims was pronounced dead at the scene while the other was transported to Shock Trauma in serious condition.

After searching the vehicle, the suspects were discovered to be in possession of 38 grams of uncut heroin. They are facing serious drug charges fleeing and alluding charges. They need separate defense counsel, since the driver of the vehicle may face more serious charges and the possibility of vehicular manslaughter.

Although the family of the deceased could pursue a wrongful death claim against the drivers automobile insurance carrier it is highly likely that any claim for property damage or personal injuries would be denied since the vehicle was in the commission of a crime when the accident occurred. In other words, because the suspects were evading the police, the insurance carrier may no longer be responsible for any damages caused as a result thereof. However, an Uninsured Motorist Claim may be pursued to help the injured party with medical expenses or even helped the family of the deceased with burial costs. Further, the police department could have some responsibility for the accident if the investigation revealed they did not follow proper protocol.

If you, a family, member or someone you know has been involved in an automobile accident and sustained bodily injuries or if you would like more information on automobile accidents, please contact Portner & Shure. Our Maryland accident lawyers are available to provide you with a free legal consultation.

Pedestrian Killed: When Is a Pedestrian at Fault for an Accident?

At the beginning of the month a woman was killed while crossing Bel Air Road in Baltimore County, Maryland. The Baltimore County Police Department spokesperson indicated that the woman appeared to have been trying to outrun the vehicle to get to the other side of the road when she was struck. The woman was taken to Maryland Shock Trauma where she was pronounced dead. The driver of the vehicle immediately stopped and notified police of the accident.

An accident reconstructionist could help the investigating officers determine what happened. Weather conditions, speed of the vehicle, time of day (i.e. was it dark, lighting?), physical evidence such as skid marks are taken into consideration when an accident is being investigated. An accident reconstructionist should be called in fatal or serious motor vehicle and pedestrian accidents.

There is an abundance of laws in Maryland that address situations involving pedestrians that are injured by an automobile. The key inquiry in such accidents is whether or not the pedestrian was inside or out of a crosswalk. As a general rule, pedestrians have the right of way when they are in a crosswalk. However, in the event that a person is crossing a street outside of a crosswalk that person has an obligation to use the greatest care to protect themselves from injury.

If you, a family member, or someone you know has been involved in a pedestrian related car accident, or if you would like more information on automobile accidents, please contact Portner & Shure for a free consultation. Our Maryland Accident Lawyers are available to provide you with a free legal consultation.