What Should You Do After A Motorcycle Accident in Baltimore, Maryland?

Visit us at: www.portnerandshure.com

or call to speak with one of our experienced Maryland motorcycle accident attorneys at (301) 854-9000 for a free consultation.

Baltimore, Maryland is the largest city in Maryland, and the 26^th largest city in the United States with a population over 600,000.  With traffic being a major issue in the city, one must be wary of traffic accidents.  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.

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  Escape Immediate Danger and Seek Medical Attention

  
  
  
  
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    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.

    
    
  
  
  
  


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  Stay Calm and Remain Silent

  
  
  
  
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    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.

    
    
  
  
  
  


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  Do Not Leave the Scene of the Accident

  
  
  
  
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    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.

    
    
  
  
  
  


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  Keep Records of All Documents Related to the Accident

  
  
  
  
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    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.

    
    
  
  
  
  


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  Call the Police

  
  
  
  
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    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.

    
    
  
  
  
  


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  Seek Professional Legal Counsel

  
  

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  • 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 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 www.portnerandshure.com

 

Laurel, Maryland Dog Bite Attorney

Visit us at:  www.portnerandshure.com

or call to speak with one of our experienced Maryland dog bite attorneys at (410) 995-1515 for a free consultation

How to Prevent Your Dog from Biting

The experienced Maryland dog bite attorney's at Portner & Shure are notorious dog lovers. In fact, we are known for our occasional Cutest Dog Photo Contests! Although we love all dogs, we understand and respect the possibility that any dog can cause an injury through biting, no matter how small or gentle we believe them to be.

Even good dogs become aggressive when their territory, food, or young are threatened. Sometimes accidentally or unknowingly stepping on or harming a dog could trigger a bite. The truth that we do not forget is that no matter how well trained or how well behaved our dogs are, the possibility of biting is always there.

Because of this, we take steps to prevent our dogs from biting:

1)      Train: This is crucial in taking control of your dog and preventing dog bites. Teaching your dog to remain composed in different settings and situations will make strides for preventing a potential lawsuit. Having an obedient dog will give you more control when your dog is feeling threatened or scared.

2)      Socialize: Exposure to other dogs and other people from a young age will teach a dog how to be comfortable around others. By exposing them do these different groups, your dog will learn how to react.

3)      Leash: In order to maintain a level of control over your dog, it is essential that you use a leash. This is especially true for large dogs.

4)      Warn: Be sure to have clear signs around your property such as "Beware of dog." Make sure the signs are clearly written and visible. This will alert passers-by that your dog is in your yard or in the vicinity.

5)      Vaccinate: If your dog does bite someone, you may face more serious punishment if your dog has not had updated rabies shots. 

If you or a family member has been injured or killed as a result of a Maryland dog bite and would like a free legal consultation or if you would like more information on dog bites please feel free to contact our office at (410) 995-1515 or visit us on the web at www.portnerandshure.com

Laurel, Maryland Personal Injury Attorney | Woman Falls Through Floor Board in SE D.C. Apartment

District of Columbia Fire and EMS crews were called to the apartment building in the 2300 block of 24th Street SE around 9 a.m. Wednesday after a woman fell through a loose floor board. The woman has been transported to an area hospital in serious condition.

Under Maryland law, if a landlord fails to repair serious or dangerous defects in a rental unit, you have the right to pay your rent into an escrow account established at the local district court. The escrow account can only be set up by the court.

The law is very specific about the conditions under which rent may be placed in escrow. Rent escrow is not provided for defects that just make the apartment or home less attractive or comfortable, such as small cracks in the floors, walls or ceiling.

You must give the landlord proper notice and adequate time to make the repairs before you have the right to place rent in escrow. In order to withhold rent for conditions that constitute a threat to life, health or safety you must notify the landlord by providing actual notice or by certified mail, or the landlord must receive notice of the violations from an appropriate government agency such as the local housing department.

The landlord then has a reasonable amount of time after receipt of the notice in which to correct the conditions. If the landlord fails to do this, you may go to court to file a rent escrow action asking to pay the rent to the court.

The serious or dangerous conditions include, but are not limited to:

• Lack of heat, light, electricity or water, unless you are responsible for the utilities and the utilities were shut off because you didn't pay the bill.


• Lack of adequate sewage disposal; rodent infestation in two or more units.


• Lead paint hazards that the landlord has failed to reduce.


• The existence of any structural defect that presents a serious threat to your physical safety.


• The existence of any condition that presents a serious fire or health hazard.

Besides rent escrow, a tenant can report the landlord to local authorities. Under a law that was passed by the Maryland General Assembly in 1986, every county in the state must adopt a housing code that meets minimum statewide standards. Some counties and Baltimore City already have comprehensive housing and building codes that are enforced by local authorities. The local authorities will investigate your complaints and, if the landlord is cited for violations, repairs will have to be made.

Upper Marlboro, Maryland Personal Injury Attorney | Amusement Park Accidents and Injuries

More than 290 million people visited a theme park in the U.S. in 2010, enjoying 1.7 billion rides. According to the National Safety Council's most recent survey of conditions at parks, 1,299 people were injured. That figure included injuries like twisted ankles and scraped knees

Roller coasters are sophisticated machines with thousands of coordinated moving parts, elaborate computer programs, and advanced safety features. Most roller coasters employ multiple layers of safety technology, such as:

• Physical rider restraints such as lap bars, shoulder harnesses, and seat belts


• Sensors to track each coaster's position in relation to the overall track layout


• Multiple braking systems throughout the track


• Redundant physical safety systems such as anti-rollback devices and pressurized brakes

Despite these sophisticated safety systems, accidents can happen on roller coasters. While technological failures do account for some of these mishaps, rider errors are also responsible for many problems. Some of the most common causes of injuries at theme parks include:

• Mechanical failures (due to missing safety pins, broken welds, overstressed structural components, exposed wires, malfunctioning safety restraints and other examples of poor maintenance)


• Operator error (carelessness, poor training, stopping rides too abruptly and failing to inspect the ride's condition regularly throughout the day are all examples of this)


• Reckless behavior by other guests (park employees should be trained in how to respond when guests jeopardize the safety of others through reckless conduct)

Amusement park accident claims can involve several responsible parties, multiple insurers and a variety of complex legal issues. The highly-experienced attorneys at Portner & Shure work closely with engineering and safety experts to prove exactly how and why the amusement park accidents that injured our clients actually happened.

We manage our caseloads carefully to ensure that each individual or family we represent gets the personal attention, responsiveness and support they may need from us throughout the legal process -- including the help they need to resolve medical care and insurance-related issues. 

Silver Spring, Maryland Accident Injury Lawyer | I-495 Outer Loop Closed After Tractor-Trailer Hits Police Cruiser

A tractor-trailer accident involving two cars shut down the Interstate 495 outer loop between Colesville Road and Georgia Avenue in Silver Spring, Maryland Monday morning. All lanes of the Outer Loop of the Beltway were closed after Route 29 in Maryland because of the crash that led to a major fuel spill. All of the lanes reopened by about 7:10 a.m.

Just before 2 a.m., a Maryland state trooper and a car that was pulled over were swiped by an Old Dominion Freight Line truck, which then jack-knifed, spilling a large amount of fuel on the Beltway. Hazmat officials spent hours cleaning up the spilled fuel.

Police say no one was seriously injured in the crash.

Driving at night creates a different set of problems for drivers. Driving at night is more hazardous and difficult than daytime driving, making it more difficult to judge distance and the traveling speed of other vehicles. You can see only as far as your headlights allow. Risks increase at night due to visibility problems, which make it difficult to clearly see the path of travel and determine the actions of other drivers.

Below are some simple suggestions to follow when driving at night:
• make sure to use your headlights and follow the suggestions for when to use high beams;
• when approaching oncoming traffic in the opposite lane, do not stare into the vehicle's headlights, as this will impair your ability to see. Instead, keep your eyes focused on the road in front of you, or slightly to the right of the lane you are traveling in (i.e. the right edge of your lane or the edge of the road);
• increase your following distance. This will help prevent a collision in the event the vehicle in front of you needs to stop quickly.

Knowing when and how to use your headlights is critical for safe driving. Headlights are not only used by drivers to help them see in low visibility situations, they are also helpful in identifying your vehicle to oncoming traffic. In Maryland, when driving, you must turn on your headlights anytime there is not enough light to clearly see at least 1,000 feet ahead of your vehicle. Key times to use headlights are night time, foggy conditions and stormy weather. Maryland law requires that you turn on your headlights when you are using your windshield wipers in inclement weather.

Ocean City, Maryland Personal Injury Attorney | Memorial Day Weekend Traffic Update

Heading to Ocean City, Maryland from the Washington D.C. metro area between 2:00 p.m. and 4:00 p.m. on Friday will add about three hours to the trip, according to travel data company Inrix. Inrix stated people who are headed south toward Richmond, Virginia from 2:00 p.m. to 4:00 p.m. on Friday will see their travel time double. According to AAA, 907,750 people plan to leave the region for Memorial Day weekend. Approximately 67,000 people will fly, with the remaining traveling by bus, rail, or boat.

According to the National Safety Council, it is estimated that 382 people will die in traffic crashes nationwide and 40,900 who survive crashes will end up in emergency rooms this Memorial holiday weekend. AAA Mid-Atlantic expects to come to the rescue of more than 30,000 stranded motorists.

The Maryland State Highway Administration suggests you use the free travel service hotline 5-1-1-, which monitors traffic conditions.

Portner & Shure wishes you a safe and happy Memorial Day weekend.

Maryland Personal Injury Attorney | Theories of Liability for Dog Bites in Maryland

Under Maryland common law, an owner or keeper of a dog may be responsible for an injurious act of the dog under two alternate theories of liability: (1) negligence; or (2) strict liability arising from the defendant's knowledge of the dog's propensity to cause harm. Under a negligence claim, an owner of an animal will be liable for damage proximately caused by the animal if the owner exercised ineffective control of the animal in a situation where it would reasonably be expected that injury could occur. In determining the necessary degree of control, the past behavior of the animal and the foreseeability of the injuries should be considered.

Under common law, absent a showing of negligence, a defendant is not liable for an injury caused by a dog unless, at the time of the attack, the defendant knew or had reason to know of the dog's vicious tendencies or propensities (scienter). Though commonly referred to as the "one bite rule," a plaintiff seeking to recover damages for injuries caused by a dog is not required to prove that the dog actually bit someone prior to the attack on the plaintiff. The defendant's knowledge of the dog's vicious propensity "need only be such as to put him on his guard, and to require him a an ordinary prudent person to anticipate the act or conduct of the dog resulting in the injury for which the owner is sought to be held liable." On a showing of knowledge of the dog's vicious propensity, a plaintiff may recover under the common law on the basis of strict liability. 

Early last month, Governor Martin O'Malley signed legislation that lifted the "inherently dangerous" legal stigma from the pit bulls of Maryland. The measure negated the 2012 Court of Appeals ruling in Tracey v. Solesky that pit bulls are "inherently dangerous" and must be held to a stricter liability standard than other dogs. The Court acknowledged that it was imposing "breed-specific liability standards," stating:

"We are modifying the Maryland common law of liability as it relates to attacks by pit bull and cross-bred pit bull dogs against humans. With the standard we establish today (which is to be applied in this case on remand), when an owner or a landlord is proven to have knowledge of the presence of a pit bull or cross-bred pit bull (as both the owner and landlord did in this case) or should have had such knowledge, a prima facie case is established. It is not necessary that the landlord (or the pit bull's owner) have actual knowledge that the specific pit bull involved is dangerous. Because of its aggressive and vicious nature and its capability to inflict serious and sometimes fatal injuries, pit bulls and cross-bred pit bulls are inherently dangerous."

On August 21, 2012, the court reconsidered its decision and limited its application to purebred pit bulls. Animal advocates across the nation objected to the court's delicious to treat pit bulls differently.

The legislation passed by the legislature this year - after failed attempts to reach agreement between the Senate and House in 2012 and 2013 - applies the same legal standard to all dogs. It makes all dogs, regardless of breed, subject to the same liability standard. It shifts the burden of proof to the owner to show that there was no previous reason to believe a dog was dangerous. Previously, the burden had been on the bite victim to prove that the owner knew or should have known that the dog had vicious or dangerous propensities. The legislation also makes it more difficult for victims of pit bull attacks to sue landlords. The court decision in Tracey v. Solesky had opened the door to such suits, and animal advocates contended that people were being forced to choose between losing their homes and giving up their pets.