Maryland Auto Accident Attorneys | Car Crash MD

Visit us at:  www.portnerandshure.com

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

How Dangerous Road Conditions Can Lead to Car Accidents

1.  Potholes/Uneven Road Surfaces: Uneven road surfaces and pot holes can cause cars, motorcycles, or trucks to lose control, especially on a highway.  Uneven roads are usually the result of repairing roadways where one lane has a new surface and the other lanes do not.  Motorcyclists are in the most danger in these situations because it is very easy to lose control of a two-wheeled vehicle.  Pot holes are just as dangerous as uneven surfaces.  Depending on the size of the pot hole, cars are subject to damage to tires and wheel alignment.  In addition, as drivers try to avoid potholes in the roads, it can lead to accidents.


2. 
   

   Expansion Joints: Expansion joints are parts that connect bridges and overpasses to the actual roadway.  These joints can create an uneven surface and become very slippery in wet weather.  Slippery expansion joints are a common cause of accidents on bridges and overpasses.  The uneven surface created from the joints is also dangerous for motorcycles because drivers can easily lose control or have difficulty stopping quickly on them.

   
   


3. 
   

   Unpaved Roadways: Unpaved roadways, especially those with gravel, can easily lead to accidents.  One example is when these unpaved roads are not properly maintained and severe undulations develop, making driving quite treacherous.  Another example is when it rains or snows and these surfaces become muddy and uneven, making driving difficult due to visibility problems from mud spraying up.

   
   


4. 
   

   Debris: Debris on roads is a very common occurrence, especially on well-travelled roads like highways.  Common examples include cargo falling off of trucks, strips of rubber from tire blowouts, car accident debris, road work materials, rocks, large tree branches, and animal carcasses.  Each county is responsible for removing these dangerous obstacles from the roadways to prevent accidents.  However, when these items are not removed in a timely manner, accidents occur when drivers hit these objects or try to avoid them.

   
   


5. 
   

   Slippery Surfaces: Slippery surfaces are the most common cause of automobile, truck, and motorcycle accidents.  Some causes of slippery roadways include: painted surfaces, wet leaves, snow, ice, standing water, spilled oil, and mud.  As we move into winter, more and more leaves will fall on to roadways, thereby making driving more treacherous when it rains or snows.  Motorists tend to forget to drive cautiously in wet weather and should slow down to protect their own safety and the safety of others.

   
   


6. 
   

   Animals: Maryland is filled with many different types of animals, and sometimes these animals run into the streets in front of cars.  Many rural areas are affected by animals such as deer, foxes, raccoons, squirrels, chipmunks, and rabbits.  Deer are especially dangerous to drivers because they cannot see anything when headlights are shining directly at them, and oftentimes, they will dart out in the road unexpectedly.  Our clients in Owings Mills, Towson, Frederick, Rockville, and Columbia are most prone to accidents caused by deer and other animals.

   
   

Cities and counties are expected to keep their roads safe.  When they fail to do that and their negligence leads to a car, truck, or motorcycle accidents, victims may have a legal claim to seek compensation for injuries, losses, and damages.  It is important that if you are involved in a car, truck, or motorcycle accident that you hire an experienced Maryland car accident attorney who can uncover all liable parties and fight for full compensation.

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

Maryland Auto Accident Lawyer

Visit us at:  www.portnerandshure.com

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

Insure.com conducted a survey of 2,000 drivers in which Washington, D.C. recently placed second for rudest drivers in the United States.  In addition, Maryland was named as the state that hates Washington, D.C. drivers the most.

Furthermore, the DriverSide study ranked Washington, D.C. as number one in speeding tickets per capita.  Several D.C. residents claim that many drivers fail to signal when changing lanes and there is always someone driving behind you wanting to run you off the road.

These recent poll results raise concerns about Maryland drivers because there is a higher risk of becoming an accident victim.  Due to Maryland's close proximity to Washington, D.C., Maryland drivers have an increased risk of being a victim of reckless driving.  It is important for Maryland drivers to know what to do if they are a victim of an automobile accident.

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

　

 

 

Korean Accident Lawyer Maryland

Visit us at www.koreanaccidentlaywer.com

or call us at (301) 854-9000 to speak with an experienced Korean car accident lawyer today for a free consultation.

3 Reasons Why Our Paralegals are some of the best

First, people often ask me if I'm upset that attorney Bob Katz hires my former employees. I know that currently three of my former staff members work for him. None of course quit to go there, and all left after being trained by Portner & Shure. I am not upset. Instead, I am proud that even our former employees are considered an asset to Bob Katz. In fact, one former Korean employee does his new case screening. Further, one of our former paralegals now services the Korean community for Mr. Katz.

Second, our paralegals are trained on a case management system known as Needles. Even Bob is aware of the training our employees are given on this system, and acknowledges that this system is the best way to manage personal injury cases.

Third, our current paralegals are trained on the colussus system. The colussus system is used by the insurance carriers to evaluate claims. Paralegals who understand how this system works understands how to value a case.

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.koreanaccidentlawyer.com

Greenbelt, Maryland Auto Accident Attorney|When the Police Report is Wrong

After a car accident, it is wise to call the police so that they can make a report of the accident. In the report, the officer will jot down information such as where the accident occurred, who was involved, witnesses that were present, the extent of the vehicle damage, the injuries sustained by the parties, and, sometimes, which party was at fault. This is very helpful when it comes time to determine liability later on, but what happens if the police report is incorrect? Or worse, what if the information on the report points to you as the one who is liable?

There are many ways in which one can handle a tricky police report, but it is wise to contact an experienced auto accident attorney to take care of the situation for you. When the police report is working against you, your case is beyond a cut-and-dry case and it is important to have a knowledgeable lawyer to assist the situation.

The first step in handling an incorrect police report is to make a request to have the report amended. This request would include a statement of facts of the pertinent details of the accident and your attorney would ask that your version of the incident be attached to the original report. It will be entirely up to the officer's discretion whether or not to include your version of events into the report, so it is essential that an attorney make the request for you. 

If the police report suggests that you are the party at fault, your attorney can take steps to defend you. Your lawyer can attack faults on the report like information that was taken from the other party or an unreliable witnesses. Another way to fight a police report is to attack the experience and training to analyze skid marks or vehicle positioning.

The attorneys at Portner & Shure are ranked amongst the best in Greenbelt, Maryland and around the DC Metro area. In fact, Jonathan Portner is a member of the Million Dollar Advocates Forum, has been featured in TIME magazine's 2013 Excellence in Law, and is a member of The National Top 100 Trial Lawyers organization. We strive to listen and communicate with our clients through our multilingual paralegals and provide the best legal services with our knowledgeable attorneys and legal team.

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.

Baltimore, Maryland Car Accident Attorney | The Baltimore City Police Department's No-Pursuit Policy

12-year-old Shanizya Taft was killed in a car crash on Tuesday night in east Baltimore on East Preston Street near Aisquith Street. The driver, a murder suspect in the shooting and killing of a 15-year-old boy on Memorial Day on S. Mount Street, ran a red light and slammed into a white minivan carrying Shanizya Taft, her 4-year-old sister, and mother. Shanizya's mother and 4-year-old sister were taken to a local hospital for treatment. The mother was still in the hospital late Wednesday, while the 4-year-old had been released.

Plain clothes officers pursued the driver after spotting him nearby, but police contend there was no chase. "Our officers were initially behind this vehicle. They did initially try to stop it," said Lt. Eric Kowalczyk, Baltimore City Police. "After a short period of time, they lost sight of the vehicle. And then it was one of our patrol officers who came across the accident a short time after that."

The Baltimore Police Department's policy prohibits officers from chasing suspects in vehicles except under "exigent circumstances," such as when officers believe that failing to pursue could lead to injury or death. Before police can engage in a high-speed pursuit, agency policy says, officials must consider whether the hazards to pedestrians and other drivers are outweighed by the importance of catching the suspect. Officers are supposed to communicate with supervisors before they begin a pursuit, remain in contact, and use their lights and siren.

One reason for this is to prevent police officers from becoming involved in a traffic crash--whether with the suspect or innocent bystanders. Geoffrey Alpert, a University of South Carolina professor of criminology, was quoted in USA Today saying that approximately 35% - 40% of police chases end in traffic crashes. Alpert also stated that while the National Highway Traffic Safety Administration says that police pursuits result in about 360 deaths a year, that number is likely 3 to 4 times higher.

In 2011, the mother of a man who died in a Baltimore motorcycle accident that occurred during a high-speed police chase filed a $40 million wrongful death lawsuit against the city of Baltimore and the police officer involved.

In September of 2013, Baltimore police conducted a criminal investigation into whether officers followed orders to end their pursuit of a sedan before it was involved in a fatal crash that killed three people.

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|April Newsletter

Take a look back on the rainy month of April with our latest newsletter!

http://emailstyles.com/portnerandshure/2014-0425-english-newsletter.html

Columbia, Maryland Auto Accident Attorney|Injured in an Accident? How Soon Will I be Compensated

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 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.

 

What Makes Portner & Shure Better than Other Personal Injury Attorneys in Howard County?

1. Familiarity with Columbia and the surrounding area. We opened in Ellicott City eighteen years ago, and now have our main office in Columbia. Since that time we have settled or tried over 15,000 personal injury cases, many for Howard County clients. We know how to best handle a Howard County accident case just by shear experience. Our verdicts and settlements in Howard County reveal that we can recover fair compensation from every insurance carrier including Allstate, MAIF, and GEICO. Further, the Howard County criminal defense attorneys on staff here at Portner & Shure have been to court with thousands of criminal defendants and have obtained excellent results. I have lived in Ellicott City for over ten years and am active in the community. In addition, half of our staff resides in Columbia or Ellicott City. As a result, we know the tendencies of the citizens who make up juries in Howard County and we know the tendencies of most of the Howard County District Court and Circuit Court Judges. This knowledge is a great asset in Howard County personal injury jury and Howard County criminal cases.


2. Does Portner & Shure do anything special to help represent the diverse make up of the residents of Howard County?Howard County has an extremely large and active Korean community. Our Korean Department allows our Howard County personal injury law firm to help Korean speaking accident victims and Korean speaking criminal defendants in Ellicott City and Columbia. In order to assist the Spanish speaking population, we currently have a Spanich department, including Elizabeth, Norma, Claudia, Will and Cynthia, to help with Spanish speaking automobile accident victims and Spanish speaking residents charged with DWI or other criminal offenses in Ellicott City and Columbia. Lastly, we have a Chinese department, consisting of Rosanna, Jane and Christine, to help Chinese speaking automobile accident victims and Chinese speaking criminal defendants in Columbia and Ellicott City.


3. Why Portner & Shure in Howard County?

• Our foreign departments allow our Howard County law firm to help the diverse population


• Our Howard County attorneys are always available


• We have a convenient, main office located in Columbia in Howard County


• Our Howard County attorneys have experience in Howard County from working and living here for approximately eighteen years.


• Our track record of great results


• We are respected by every insurance company

Top Ten Defenses to Maryland Personal Injury Claims

1. Liability - Many Maryland auto accident cases involve a dispute over who is at fault. In a simple rear end collision, liability is often accepted when the claim is filed. If the accident involves a lane change, sudden stop, multiple impacts or two different accounts of the accident with no police report or witness, the automobile insurance company often denies liability(almost always if the carrier is Geico or MAIF). These claims end up in court where an experienced personal injury attorney has the burden to prove, by a preponderance of the evidence, that the other driver was at fault. The term preponderance of the evidence means more likely than not. In other words, the fate of your accident recovery often depends on the experience of the trial lawyer you retained. A "Trial Lawyer" is someone you need to hire when you first call an attorney, not just a Maryland accident lawyer. Portner & Shure's attorneys are trial attorneys and our website reflects many of the injury awards we have received in court, not just by settling.


2. Contributory Negligence - Maryland's contributory negligence doctrine is cut throat and can be a complete bar to an injured victim's recovery. Maryland personal injury attorneys often struggle to help clients because of this all or nothing rule. Under contributory negligence, the accident victim's failure to exercise a reasonable degree of care and caution, no matter how slight, is an absolute bar to recovery. If the defendant's lawyer can convince a jury that the victim was only 1% at fault, that individual will not recover any damages. Maryland personal injury lawyers have been struggling against the doctrine of contributory negligence since it was adopted by the Maryland Court of Appeals in 1847. In 1868, accident victims received some reprieve when the Court of Appeals adopted the last clear chance doctrine. The last clear chance doctrine allows recovery by an accident victim, who would other wise be barred from recovery due to contributory negligence, if the defendant had the last chance to avoid the accident. Many Maryland accident attorneys do not understand how this rule works. As a result, you must hire an experienced injury lawyer who can overcome this rule.


3. Low Property Damage - Some automobile accident claims, where liability is not disputed, don't settle. One of the main reasons these cases fail to settle is because insurance adjusters refuse to offer fair settlements in accidents where the property damage to the injured victim's vehicle amounts to less than $1,000. Insurance companies often argue, in these cases, that the medical treatment received by the injured party was not warranted considering the low impact and that the injuries suffered could not have resulted from a minor accident. The adjusters' low impact argument often fails in court. There are several arguments that can be made on behalf of a plaintiff by an experienced Maryland accident lawyer. First, large accidents with significant property damage can result in little or no injuries to those involved, while minor accidents often result in serious injuries. Second, especially in rear end collisions, the injured victim does not have a chance to brace for impact. Third, sometimes the types of vehicles involved can explain the extent of the property damage. Forth, the evaluation of the accident victim's injuries and treatment is done by medical professionals who, absent evidence to the contrary, give medical treatment that is fair and reasonable and medically necessary. In almost every district court in Maryland, Portner & Shure trial attorneys have prevailed in low impact accidents.


4. Preexisting Injury or Underlying Condition - In many personal injury cases, the injured victim may have a preexisting injury or underlying condition. In these personal injury cases, insurance companies' attorneys will argue that the individual was already injured, experiencing symptoms before the accident and that the injury was not caused by the accident. When a plaintiff has a preexisting injury, an experienced Maryland accident attorney can use medical records to show that the plaintiff was fully recovered from the accident and released from treatment. Further, the personal injury attorney can argue that the plaintiff was asymptomatic before the current accident or that the preexisting injury was made worse by the accident. If the injured accident victim has a preexisting injury, such as a degenerative back condition, the fact that the condition was exacerbated or that there was a predisposition for an injury could explain why the accident resulted in significant injury. This argument is based off of the "Egg Shell Theory" which dictates that the condition of the victim prior to the accident does not mitigate the liability of the negligent party for the injuries resulting from the accident. In other words, "you take the victim as you find them".


5. (a) Causally Related - Sometimes insurance companies and there lawyers will argue that the injuries are not causally related to the accident, and that there is no reasonable connection between the accident and the alleged injuries. For example, if an individual is involved in an automobile accident and claims that, as a result, he or she had an appendix removed there is a strong argument against that claim. However, if a person is involved in an accident, which leads to a panic attack and an overnight stay in a hospital, there is a strong argument to be made that the condition was caused or exacerbated because of another person's negligence. Again, the Maryland personal injury attorneys have to prove by, a preponderance of the evidence, that the injury was caused by the accident, which means that the injury was more likely than not caused by the accident.
(b) Medically Necessary - This defense is often used when an injury victim pursues alternative healthcare such as acupuncture, acupressure and aquatic therapy. Insurance companies and there attorneys argue that this treatment is not legitimate. At trial, defense attorneys will often make a pretrial objection to any type of acupuncture treatment. The Maryland attorneys at Portner & Shure represent many Chinese, Korean and Vietnamese accident victims. Our Maryland accident attorneys defeat the objections of defense attorneys. Acupuncture is an ancient form of medicine and to argue that an injury victim does not have an option to be treated by an acupuncturists is rarely successful at trial. In Maryland accident cases that involve more serious injuries, defense attorneys often argue that invasive procedures such as surgery and epidural steroid injections are not medically necessary. This argument is easily overcome by the expert testimony of a treating physician.

6. Assumption of the Risk - The concept of "assumption of the risk" is fairly basic. For example, bee keepers assume the risk of being stung and rock climbers assume the risk of falling to their death. Simply put, a person who engages in risky activities cannot complain when the result is injury or death. The legal concept of "assumption of the risk" is based on the same principle, but does require a more detailed explanation. In Maryland, a person assumes the risk if that individual voluntarily engages a particular action or inaction known to that person to be inherently dangerous. If that particular action or inaction leads to an accident which results in injury, there can be no claim of negligence. For example, if a person is having a particularly good time and decides to dance on top of the bar, that individual cannot claim negligence if he or she slips on a spilled drink and falls. Assumption of the risk is a favorite argument of defense lawyers in Maryland, however, it is seldom applicable in auto accident, malpractice and product liability cases. The assumption of the risk defense is often utilized successfully in Maryland slip and fall cases.


7. Subsequent Accident or Injury - If an accident victim is involved in a subsequent accident the insurance companies and their attorneys can argue that the subsequent accident superceded the prior accident. An experienced Maryland personal injury lawyer can overcome this defense by examining the medical records. If the plaintiff's complaints were resolved before the subsequent accident then the defense is without merit. In cases where the subsequent accident was minor and there was little to no treatment, the personal injury attorney can argue that the subsequent accident was merely a blip on the radar and did not impact the more serious injuries resulting from the prior accident.


8. Gaps in Treatment - Too often Maryland accident victims wait several days before they are seen by a doctor, physical therapist or chiropractor. The longer the gap between the accident and the initial medical evaluation and treatment the stronger the argument that the accident victim did not require treatment. Defense attorneys like to argue that because an accident victim didn't immediately go to the hospital or doctor that the plaintiff's complaints lose credibility. Experienced Maryland personal injury attorneys should know that, in many cases, symptoms such as pain and stiffness do not manifest until a few days after the accident. Once an initial evaluation is done, gaps between treatment can be damaging to a personal injury claim. Most treatment plans follow a schedule prescribed by a medical professional designed to reach optimal recovery. Deviation from the treatment plan should be avoided. A defense attorney, who is presented with gaps ranging from a week to a month between treatment dates, has a very strong argument against the plaintiff's claims.


9. Fair and Reasonable - This is a term based off of community standards. This argument is often used when an injury victim double treats with two chiropractors and neither of the chiropractors knows. Defense attorneys will argue that an injury victim over treated and that the length of treatment was too long. In some cases, an injury victim may get MRI's of parts of the body that weren't injured in the accident. Sometimes healthcare providers over charge or over treat. When this unfair practice occurs the healthcare provider actually comes under attack and those bills may be nullified by the court's determination. The basic rule to follow in order to avoid this defense is to treat until your injuries are resolved.


10. Poor Witness - The insurance company will often contend the accident case is worthless because the plaintiff does not present well, or is a poor witness. In these instances the carrier must be pressed to give the exact reason for this contention. Often adequate trial preparation can overcome this issue. Further, the issue may be raised due to prejudice or language barriers. Some adjusters hear a foreign accent, whether Spanish, Chinese, Korean or Vietnamese, and immediately offer less. At Portner & Shure we have experience in Maryland courts litigating cases including Spanish, Korean, Chinese and Vietnamese speaking accident victims. Our Verdicts have never suffered because one of our plaintiffs is non-English speaking.

 

U.S. Department of Transportation Increases Mandatory Truck Driver Rest Time

U.S. Transportation Secretary Ray LaHood today announced a final rule that employs the latest research in driver fatigue to make sure Maryland and Virginia truck drivers can get the rest they need to operate safely when on the road. The new rule by the U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) revises the hours-of-service (HOS) safety requirements for commercial truck drivers.

"Trucking is a difficult job, and a big rig can be deadly when a driver is tired and overworked," said Transportation Secretary Ray LaHood. "This final rule will help prevent fatigue-related truck crashes and save lives. Truck drivers deserve a work environment that allows them to perform their jobs safely."

As part of the HOS rulemaking process, FMCSA held six public listening sessions across the country and encouraged safety advocates, drivers, truck company owners, law enforcement and the public to share their input on HOS requirements. The listening sessions were live webcast on the FMCSA Web site, allowing a broad cross-section of individuals to participate in the development of this safety-critical rule.

"This final rule is the culmination of the most extensive and transparent public outreach effort in our agency's history," said FMCSA Administrator Anne S. Ferro. "With robust input from all areas of the trucking community, coupled with the latest scientific research, we carefully crafted a rule acknowledging that when truckers are rested, alert and focused on safety, it makes our roadways safer."

FMCSA's new HOS final rule reduces by 12 hours the maximum number of hours a Maryland or Virginia truck driver can work within a week. Under the old rule, Maryland and Virginia truck drivers could work on average up to 82 hours within a seven-day period. The new HOS final rule limits a driver's work week to 70 hours.

In addition, Maryland and Virginia truck drivers cannot drive after working eight hours without first taking a break of at least 30 minutes. Drivers can take the 30-minute break whenever they need rest during the eight-hour window.

The final rule retains the current 11-hour daily driving limit. FMCSA will continue to conduct data analysis and research to further examine any risks associated with the 11 hours of driving time.

The rule requires Maryland and Virginia truck drivers who maximize their weekly work hours to take at least two nights' rest when their 24-hour body clock demands sleep the most - from 1:00 a.m. to 5:00 a.m. This rest requirement is part of the rule's "34-hour restart" provision that allows drivers to restart the clock on their work week by taking at least 34 consecutive hours off-duty. The final rule allows drivers to use the restart provision only once during a seven-day period.

Companies and drivers that commit egregious violations of the rule could face the maximum penalties for each offense. Maryland and Virginia trucking companies that allow drivers to exceed the 11-hour driving limit by 3 or more hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 for each offense. Commercial truck drivers and companies must comply with the HOS final rule by July 1, 2013.

A Maryland or Virginia truck driver or company who violates this rule is negligent. Driver fatigue is often the cause of serious truck accidents which result in severe injuries. If you or someone you know has been injured in a truck accident or tractor trailer crash in Maryland or Virginia contact the Maryland truck accident attorneys and Virginia tractor trailer lawyers at Portner & Shure.

Howard County Automobile Accident Attorney

If you are involved in an automobile accident in Howard County, you need access to an attorney who knows the local courts and has considerable past personal injury experience. You need to be assured that when you hire your Howard County personal injury law firm, you are in competent, experienced and qualified hands. In your search for the right Howard County accident attorney, your research will have been a success if you call attorney, Jon Portner, Richard Shure, Kevin Ruby or Nick Parr at Portner & Shure.

The auto accident Team at Portner & Shure understands that the best auto accident case results aren't just earned in the courtroom. In order to succeed, a proper investigation must be conducted in the early stages of the process including a thorough case review and discovery. Our personal injury legal team has a desire to win and does not back down to the Howard County insurance defense attorneys, unlike some other personal injury law firms in Howard County. We prepare extensively for automobile accident cases and treat these cases with the utmost importance. A strong desire to win and exceptional preparation have enabled us to obtain an excellent track record in the Howard County District Court and the Howard County Circuit Court.

Our reputation in Howard County places us at or near the top among our peers in both settling and trying auto accident cases. A respectable personal injury litigation firm must excel at both. Combined Mr. Portner and Mr. Shure have negotiated and/or tried thousands of automobile accident cases throughout Maryland. Mr. Portner has considerable experience and a proven track record in Howard County District and Circuit Court.

In an attempt to be the best automobile accident attorneys in Howard County, the personal injury team at Portner & Shure constantly works to improve their knowledge in the personal injury arena and educates others. In this regard, Mr. Portner and Mr. Parr have researched and written numerous blogs concerning case values, tendencies of insurance companies, jurisdictional analysis, and litigation strategy.

The passion of that our automobile accident trial team displays in and out of the courtroom, as well as our advocacy experience and belief in our clients, has enabled us to convince judges, juries, and even insurance companies' attorneys to see the case from our prospective. Call Portner & Shure for your Howard County automobile accident representation, and experience our winning team's passion, experience and talent. Portner & Shure handles Howard County automobile accident cases throughout the county including, Columbia, Ellicott City, Clarksville, Fulton, Laurel, Glenelg, Jessup, and Sykesville.

Ten Things You Need to Do for Your Automobile Accident Case After You Hire a Maryland Personal Injury Attorney

Hiring the best Maryland or Virginia automobile accident attorney does not mean you no longer have any responsibility for your accident claim. In fact, at Portner & Shure we ask all of our Howard County accident clients to do these ten things in each claim. In our experience, the client who works closely with our office helps ensure a good medical result and greater recovery. Below is a list of what you should expect to be your responsibilities:

1. During the first two days after your Maryland or Virginia automobile accident if you are hurt you must seek medical attention. All insurance companies value claims based on what the medical documentation reveals. An indication that a person was truly hurt in a Maryland or Virginia automobile accident comes from medical documentation close in time to the accident.

2. Immediately give all insurance information for your insurance carrier and the liability carrier and health insurance to a Portner & Shure paralegal. Cease all communication with both carriers.

3. During the week after the Maryland or Virginia automobile accident, work closely with a Portner & Shure paralegal on all issues concerning your car repair, rental and/or total loss figures. Communicate closely with the paralegal on all issues concerning the storage cost. Cars should not be in storage for more than three to four days.

4. Within a week of the Maryland or Virginia automobile accident seek follow-up medical attention with a doctor who can get you better and is respected by the major automobile insurance carriers. Further medical attention can be obtained with an orthopaedic doctor, a chiropractor, a neurologist or an acupuncturist. Acupuncture presents a problem with billing unless the acupuncture is prescribed by a medical doctor. Unlike less experienced Maryland or Virginia injury attorneys, we do not allow our Chinese speaking accident clients to see an acupuncturist unless they are also seeing a medical doctor. Doing so drastically reduces the value of the claim.

5. Keep a diary on the computer or a notebook of events and problems that occur as a direct result of the Maryland or Virginia automobile accident. Anything at all that occurs to you, even if you think is insignificant, may be important but forgotten later if not recorded timely. Examples, your pain, what you can and cannot do, missed work or school, trouble sleeping, irritability, inability to exercise and weight gain. Missed trips or travel plans.

6. You will be provided with a list of all records and bills in your Maryland or Virginia automobile accident case by a Portner & Shure paralegal before a demand is sent to the insurance carrier. Review the following:

a. list of all medical providers to ensure no doctor reports are missing;

b. list of all medical bills to ensure no treatment expenses are missing;

c. lost wage statement

d. draft demand letter (in all large Maryland or Virginia personal injury cases, the client should review the demand. This way you can ensure that diary notes are included in the demand).

7. Negotiations. In each case approximately six weeks after the demand is sent to the insurance company, negotiations will occur. An attorney from the Portner & Shure personal injury team will obtain an offer from the carrier, work on bill reductions and then call you with two figures. One will be the offer from the carrier, the other is your net recovery. The accident lawyer has years of experience and will make a recommendation as to accepting the offer or filing a Maryland or Virginia lawsuit. However, the decision to accept, or sue, is completely yours. If you accept you will be forwarded a settlement memorandum to sign, showing a breakdown of all expenses, the offer and the net recovery for the Maryland or Virginia automobile accident claim.

8. If a lawsuit is filed in either the Maryland or Virginia Courts, your role will be more involved. However, the bulk of the work will be done behind the scenes by Portner & Shure's personal injury litigation team. This team has obtained several huge recoveries lately, landing Mr. Portner in the select Million Dollar Advocacy Forum. Only 1% of all United States lawyers are eligible to be members. Your role in the litigation will include the following:

a. verifying certain facts so the Maryland or Virginia Complaint filed is accurate;

b. answering written discovery;

c. possibly coming to our office to prepare for a deposition, and then attend the deposition;

d. possibly attending a settlement or mediation conference;

e. possibly coming to one of our Maryland or Virginia offices to prepare for a trial and then attending a trial.

9. Whether your accident case is one where suit is filed, or settled at the claims level, in the age of social media all clients now have an additional obligation. The obligation is to ensure that what you are telling our office and your doctors, is consistent with what is being shown or written about by you on Twitter and/or Facebook. Insurance adjusters and opposing attorneys now review these social media entries and pictures of people making automobile accident claims. Therefore, if you say you can't walk or get out of bed, Facebook photos should not show otherwise.

10. If English is your second language you can not use this as an excuse to not perform all of the above.

In fact, if you speak Spanish, Chinese or Korean and had a Maryland or Virginia automobile accident, we will ask that you do the following:

1. Meet directly with one of our Spanish, Chinese, or Korean speaking staff members;

2. In person or the telephone discuss with one of our Spanish speaking, Chinese speaking (Mandarin or Cantonese), or Korean speaking Paralegals, the following:

a. all facts concerning the Maryland or Virginia automobile accident;

b. all facts concerning your injuries and damage to your car;

3. Communicate with our office on a monthly basis and specifically speak to a Spanish, Chinese, or Korean speaking staff member with respect to any concerns and the status of your treatment for the Maryland or Virginia automobile accident.

Common Mistakes Made by Young Maryland Drivers

Maryland and Virginia teenage drivers are four times at greater risks for automobile accidents than older adults. Reasons include, inexperience dealing with emergency situations, distracted driving and the desire to show off. Below are some interesting findings and a further reason to have your teenager sign our Young Driver Contract.

Being distracted

Cell phones, CDs, food and text messaging, pose serious distractions to all drivers. Recent studies, however, with respect to teenage driving are revealing in this regard. First, one study done by State Farm Insurance reported 89% of teens noted they saw other teens driving and talking on their cell phones. Further, many have admitted during the same, and more than half said they observed their peers using ipods or text messaging while driving.

Any form of distraction increases the likelihood of a Maryland or Virginia car accident. In fact, a recent study of drivers in the Maryland and Virginia area concluded that distracted driving contributed to 80% of all collisions.

Taking risks

Risks include ignoring traffic signals, or school zone signs and changing lanes without checking blind spots. Teenage brains are predisposed to more risk taking. Recent studies have revealed that when confronted with risky choices, teenage brains exhibit twice as much activity in the impulse area.

Speeding

Recent studies reveal that teenagers in the Maryland and Virginia area drive faster than all other drivers in the area as a whole. Speeding is the cause of one-third of the fatal motor vehicle accidents in the Maryland and Virginia area. This total is 50% more than the total for crashes for those 20 to 40 years old.

Overcrowding the car

A crowded car for a teenager results in more aggressive driving. A NIH study found that when accompanied by male passengers in the front seat, teens of both genders speed more and leave shorter following distances. The same trend exists for teenage girls driving with other girls. Worse yet, another study found that with two passengers Maryland and Virginia 16 year old drivers were at nearly twice the risk of having a fatal accident, and with three or more passengers the risk was nearly triple.

Driving under the influence

Recent studies reveal that approximately 40% of Maryland and Virginia high school seniors have drank alcohol in the last month. More problematic, however, is because teens take more chances after drinking, more than half of those in fatal accident were found to have not been wearing seatbelts.

Following too closely/Driving unbuckled

At 60 mph a typical car needs between 120 and 140 feet to stop. In fact, 60 mph translates to 88 feet per second. A recent study of teen drivers revealed that teenagers left less following distance behind the car ahead than other drivers. Worse, another study by NHTSA reported that approximately one quarter of drivers 16 to 24 do not wear seatbelts.

Inability to handle emergencies / driving drowsy

Knowing how to avoid an accident comes with driving experience. Young drivers make mistakes because they don't know how to apply the brakes correctly in certain situations, or are not aware of how to handle the car when it goes into a skid.

Drowsiness affects the kids who burn the candle at both ends, also known as "over achievers". It is a known fact that sleep deprivation contributes to thousands of automobile accidents in Maryland and Virginia each year.

Maryland Trucking Company Declared "Imminent Hazard to the Public"

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) declared Maryland-based trucking company, Gunthers Transport, LLC, an imminent hazard to public health and ordered the trucking company to immediately cease all transportation services. FMCSA issued an imminent hazard out-of-service order against Gunthers following an exhaustive review of the company's operations, which found multiple hours-of-service and vehicle maintenance violations. "Safety is our number-one priority," said U.S. Transportation Secretary Ray LaHood. "Commercial truck companies that recklessly disregard federal safety regulations will be shut down and removed from our roadways."

Gunthers was immediately shut down after FMCSA safety investigators found patterns of hours-of-service and vehicle maintenance violations that substantially increased the likelihood of serious injury or death to the motoring public. FMCSA discovered that the company allowed its drivers to falsify their hours-of-service records and exceed the 11-hour limit for daily driving. In addition, Gunthers did not require its drivers to perform pre-trip vehicle safety inspections, operated trucks that were in such poor condition they were likely to break down and posed a high crash risk based on its on-road performance record. One Western Maryland man, injured 17 years ago as a result of truck accident involving Gunthers' tractor trailer, was left crippled suffering from severe brain damage. The Western Maryland man, who is now 49 years old and living in a nursing home, won a lawsuit where a jury awarded him $13 million for his care. He has not seen a penny of that money because Gunthers declared bankruptcy and reformed under another name.

There is a new proposal for trucking regulations that involves decreasing the amount of consecutive hours that a trucker can drive from 11 to 10. Lobbyist from both sides have been arguing their case in Washington, D.C., including a Maryland man who lost his wife as a result of a truck accident. In addition to the loss of his wife, both of the Maryland man's sons were seriously injured as a result of the truck accident. Somehow the argument has become a partisan issue. Republican lawmakers and pro-trucking lobbyists argue that a reduction of the hours from 11 to 10 could cost the trucking industry millions of dollars during an already difficult economic time. The families of those who have lost loved ones, as a result of a tractor trailer accident, argue that the issue is not a Democrat/Republican issue but an issue of public safety.

Some Maryland Roads Are More Dangerous Than Others

Mountain Road in Anne Arundel County, also known as State Road 177, has seen many sad memorials in recent years. At least twenty people, many very young, have died in automobile accidents along the 11-mile stretch since the early 1990's. At least fourteen have died in car accidents along the road in just the last decade. The road basically causes the loss of one life a year.

It is simply a once-pastoral suburban byway that now experiences a heavy traffic load. For many residents of Pasadena, there is no alternative route. The State Highway Administration (SHA) acknowledges that the road has an unusual configuration. Not surprisingly, most of the accident victims have been Pasadena residents.

.

Some things on the road clearly stand out. First, near Fairwood Court, and just east of a sharp curve, there is a building that sits no more than twelve feet from the westbound travel lane.

State Highway Administration figures show that parts of Rt. 177 carry 26,530 vehicles per day. Nevertheless, for much of its length Mountain Road is just a two lane road with a scary reverse lane in the middle designed to relieve peak-hour congestion. Shoulders are limited and countless fixed objects are just a few feet from the edge of the pavement. Including, buildings, trees and utility poles. There is little room for driver error on Mountain Road.

As if things weren't bad enough, SHA figures show there were at least 107 fatal and non-fatal crashes related to drunk driving on the road from 2001 to 2010. In fact, Mountain Road has the highest rate of drunk driving arrests and crashes in Anne Arundel County.

Without more land for expansion and a lot of money, there is no real solution